- 1 - HC-KAR NC: 2026:KHC:19016 M.F.A. No.3433/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3433/2020 (MV-I) BETWEEN: SRI. HARISH KUMAR B.C. S/O CHANDRAPPA S.B. AGED ABOUT 30 YEARS R/O NO. 54, 2ND CROSS ACL LAYOUT, 9TH A CROSS ST. ANTHONY CHURCH MAIN ROAD RAMAMURTHI NAGAR BENGALURU - 560016. …APPELLANT (BY SRI. ONKARAPPA N.D. ADV.,) AND: 1. SRI. CHANDRAPPA S/O DODDAMUNISHYAMAPPA AGED ABOUT 51 YEARS R/O SHIVAKOTE POST HESARAGHATTA HOBLI, SHOVAKOTE BENGALURU NORTH TALUK BENGALURU DISTRICT - 560089. 2. UNITED INDIA INSURANCE COMPANY LIMITED REGISTERED AND HEAD OFFICE NO. 24, WHITES ROAD CHENNAI 600014 POLICY ISSUED BY DIVISIONAL OFFICE 119, SYLVESTRA ARCADE Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19016 M.F.A. No.3433/2020 EAST PARK ROAD 11TH CROSS, MALLESWARAM BENGALURU 560 003. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADV., FOR R2 V/O/DTD:10.07.2023, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 09.12.2019, PASSED IN MVC NO.4552/2018, ON THE FILE OF THE IX-ADDITIONAL SMALL CAUSES JUDGE AND ACMM., COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 09.12.2019 passed in MVC.No.4552/2018 by the IX Additional Small Causes Judge & ACMM, Court of Small Causes and Member, MACT-7, Bangalore (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:19016 M.F.A. No.3433/2020 3. Heard Sri.Onkarappa, N.D., learned counsel appearing for the appellant, Sri.Janardhan Reddy, learned counsel for respondent No.2 and meticulously perused the material on record. 4. The material on record indicates that the appellant met with a road accident on 16.06.2018 and provided treatment initially at Sushrusha Nursing Home, Yelahanka, Bengaluru, and thereafter at Specialist Hospital, Kalyan Nagar, Bengaluru, where he was admitted as an inpatient from 16.06.2018 to 18.06.2018. PW2, Dr. Mohan Velu J., deposed before the Tribunal that the appellant had sustained a displaced collar fracture of left wrist and had undergone surgery. The finding recorded by the Tribunal in paragraph No.15 indicates that the appellant continued in his employment even after the accident. Therefore, the Tribunal has rightly not awarded the compensation under the head of loss of future income due to disability. - 4 - HC-KAR NC: 2026:KHC:19016 M.F.A. No.3433/2020 5. However, taking note of the injuries sustained by the appellant, the treatment undergone and the surgery performed, I am of the considered view that the compensation awarded under the heads of pain and suffering, loss of amenities and other heads are required to be enhanced slightly. However, instead of increasing the compensation under each of the aforesaid heads separately, it would be appropriate and the ends of justice would be met if an additional compensation of Rs.50,000/- is awarded to the appellant in addition to what has been awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.50,000/- as compensation. 6. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. - 5 - HC-KAR NC: 2026:KHC:19016 M.F.A. No.3433/2020 7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry is directed to transmit the records to the Tribunal forthwith and draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 16