- 1 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2350 OF 2023 (MV-I) BETWEEN: SHRI RAJIV GOYAL S/O RAMAWATAR GOYAL, AGED ABOUT 35 YEARS, R/A FLAT NO.132, BLOCK-B, ELEGANCE GAMET APARTMENT, SARJAPURA MAIN ROAD, NEAR RASGANGA RESTURANT, BELLANDUR, BENGALURU SOUTH, BENGALURU - 560 103. …APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. THE DIRECTOR KARNATAKA GOVERNMENT INSURANCE DEPARTMENT, VISWESWARAIAH TOWER, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE DIRECTOR KARNATAKA STATE REMOTE SENSING APPLICATIONS CENTRE, DEPARTMENT OF IT, BT S & T, GOVERNMENT OF KARNATAKA, 6TH FLOOR, M.S.BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001. …RESPONDENTS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 (BY SMT. AMARAVATHY H.R., AGA FOR R1) V/O. DATED 17.04.2023, NOTICE TO R2 IS DISPENSED WITH GOVT. ADVOCATE FOR R1) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.08.2022 PASSED IN MVC NO.4456/2019 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 16.08.2022 passed in MVC No.4456/2019 by III Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-18). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and the learned Additional Government Advocate for respondent No.1, the matter is taken up for disposal. - 3 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident which took place on 12.06.2019 contending that the accident occurred due to rash and negligent driving by the driver of car bearing registration No.KA-04-G-1044. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Compensation heads Compensation amount 1. Pain and Suffering Rs. 70,000-00 2. Loss of income during laid-up period and rest period Rs. 29,500-00 3. Medical expenses Rs. 93,576-00 4. Attendant, Nourishment and Conveyance Charges Rs. 10,000-00 5. Reduced eligibility of employment or damages due to disability Rs. 2,00,000-00 6. Loss of Amenities Rs. 30,000-00 7. Future medication Rs. 20,000-00 Total Rs. 4,53,076-00 - 4 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent Nos.1 and 2 jointly and severally to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned Additional Government Advocate for respondent No.1. 7. Learned counsel the appellant would contend that, the claimant was working as a Manager in Shyam Stones Company Limited, Sarjapura, Bengaluru and due to injuries sustained in the accident, he is not able to do his work properly. The Doctor has assessed his disability to the whole body at 30% and the Tribunal has taken the disability at 9%. Even though the Tribunal has taken the disability at 9% has not awarded anything towards loss of future earnings. Considering the injuries sustained by the - 5 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 claimant, the compensation awarded for pain and sufferings, loss of amenities are on lower side. 8. P.W.3 - Doctor stated that, the claimant require a sum of Rs.40,000/- for removal of implants and he has to undergo surgery and the Tribunal has awarded only Rs.20,000/-. The claimant due to the injuries has to take rest for two months. The Tribunal has awarded for loss of income during laid-up period only for one month and it requires enhancement. With these, he prayed to allow the appeal. 9. Learned Additional Government Advocate for respondent No.1 would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. The Tribunal rightly held that even though there is a disability, the claimant has not produced any documents to show that his income after the accident has been reduced or he has been removed from the job or resigned the job. With these, she prayed for dismissal of the appeal. - 6 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 10. Having heard both the learned counsel for appellant and learned Additional Government Advocate for respondent No.1, the Court has perused the impugned judgment, award and trial Court records. 11. The claimant was working as a Manager in Shyam Stones Company Limited, Bengaluru and he was getting a net salary of Rs.29,500/- per month. P.W.3 - Doctor assessed his disability at 30% and the Tribunal has considered the disability at 9% to the whole body. The Tribunal has not awarded anything towards loss of future income on the ground that the claimant has not produced any evidence to show that his income is reduced after the accident or he has been discontinued from the job or he resigned the job. Considering the said aspect, the Tribunal has rightly held that the claimant is not entitled for loss of future income. 12. Ex.P8 the wound certificate indicates that the claimant has sustained the following injuries: - 7 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 '3X2 cms. Abrasion over the right ankle, 2X2 cms. abrasion over the left elbow, contusion over the left clavicle, contusion over the knee with fracture of tibia, fracture of left clavicle'. Considering the said aspect, the claimant has sustained four simple injuries and two fractures. Considering the said aspect, the compensation awarded for pain and sufferings requires to be enhanced to Rs.1,00,000/- as against Rs.70,000/- awarded by the Tribunal and loss of amenities in a sum of Rs.50,000/- as against Rs.30,000/- awarded by the Tribunal. 13. Considering the said injuries, the claimant has to take rest atleast for two months and he is entitled to loss of income during laid-up period for two months as against one month awarded by the Tribunal in a sum of Rs.59,000/- (29,500 X 2). 14. P.W.3 - Doctor stated that the implants are fixed and for removal of the same, the claimant has to undergo surgery, for which, the estimated cost of the - 8 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 same is Rs.40,000/-. Considering the said aspect, the claimant is entitled to loss of future medical expenses in a sum of Rs.30,000/- as against Rs.20,000/- awarded by the Tribunal. 15. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Compensation Heads Amount 1. Pain and Suffering Rs. 1,00,000.00 2. Loss of income during laid-up period Rs. 59,000.00 3. Medical expenses Rs. 93,576.00 4. Attendant, Nourishment and Conveyance Charges Rs. 10,000.00 5. Reduced eligibility of employment or damages due to disability Rs. 2,00,000.00 6. Loss of Amenities Rs. 50,000.00 7. Future medical expenses Rs. 30,000.00 Total Rs. 5,42,576.00 16. The claimant is entitled to total compensation of Rs.5,42,576/- as against Rs.4,53,076/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. - 9 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 17. Consequently, the claimant is entitled to enhanced compensation of Rs.89,500/- (5,42,576 - 4,53,076) with interest at the rate of 6% per annum from the date of petition till realisation. 18. Respondent Nos.1 and 2 are jointly and severally liable to pay enhanced compensation amount with interest. 19. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The claimant is entitled to enhanced compensation of Rs.89,500/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent Nos.1 and 2 shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. - 10 - HC-KAR NC: 2026:KHC:31603 MFA No. 2350 of 2023 iv) The claimant is entitled to release of entire enhanced compensation amount. v) The claimant is not entitled to the interest for delay period of 129 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 50