- 1 - HC-KAR CNR: KAHC010304012022 NC: 2026:KHC:36469 MFA No. 4850 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4850 OF 2022(MV-I) BETWEEN: SRI SRINIVASA V W/O VENKATASWAMY AGED ABOUT 29 YEARS R/AT NO 189/C, III CROSS HANUMANTH NAGAR BANGALORE - 19 PERMANENT R/AT NO.223, KONAPURA, BYCHAPURA POST GOURIBIDANUR TALUK CHIKKABALLAPURA DISTRICT …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. RAVI S/O BEERE GOWDA R/AT SUNDENAHALLI KADAGA POST, SALAGAME HOBLI HASSAN TALUK & DISTRICT 2. MAGMA HDI GENERAL INSURANCE COMPANY LTD NO 36, II FLOOR MINERVA CIRCLE, J.C ROAD BENGALURU - 27 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010304012022 NC: 2026:KHC:36469 MFA No. 4850 of 2022 VIDE ORDER DATED 22.04.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.12.2021 PASSED IN MVC NO.5433/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,01,980/- awarded by the Tribunal in MVC.No.5433/2018 vide judgment and award dated 04.12.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 30,000 2. Loss of amenities 25,000 - 3 - HC-KAR CNR: KAHC010304012022 NC: 2026:KHC:36469 MFA No. 4850 of 2022 3. Towards hospital and medicine charges 46,980 Total 1,01,980 4. The Tribunal, in view of the fact that the claimant has continued his job in Molecular Connections Pvt. Ltd. and is getting salary, has not awarded any sums towards loss of future income, which, in my opinion is tenable. 5. Having regard to the injuries suffered by the claimant and the lasting effects of the same on the claimant, I deem it just and proper to award a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.30,000/- and a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 6. The Tribunal has not awarded any sums towards incidental expenses and has also not awarded any sums towards future medical expenses. On perusal of material on record, it is seen that the claimant has suffered fracture of left distal radius and fracture of right radial head. In view of the same, I deem it just and appropriate to award a sum of - 4 - HC-KAR CNR: KAHC010304012022 NC: 2026:KHC:36469 MFA No. 4850 of 2022 Rs.30,000/- towards incidental expenses and Rs.25,000/- towards future medical expenses. 7. The sums awarded by the Tribunal at Rs.46,980/- towards hospital and medical charges, being based on documentary evidence, is affirmed. 8. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 30,000 75,000 2. Loss of amenities 25,000 40,000 3. Towards hospital and Medical charges 46,980 46,980 4. Future medical expenses - 25,000 5. Incidental charges - 30,000 Total 1,91,980 2,16,980 9. Accordingly, the claimant is held entitled to the total compensation of Rs.2,16,980/- as against Rs.1,91,980/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 5 - HC-KAR CNR: KAHC010304012022 NC: 2026:KHC:36469 MFA No. 4850 of 2022 10. The Insurer is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment and thereafter, as held by the Tribunal, shall the recover the same from the owner of the offending vehicle. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 53