- 1 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9983/2018 (MV-I) BETWEEN: MR. UMESH C.D. S/O CHENNAPPA AGED ABOUT 35 YEARS R/AT #D.NO.3-133/2 NEAR ANJANEYA TEMPLE KUNJATHBAIL MANGALURU TALUK-575001. …APPELLANT (BY SRI. UDAY K.S. ADV.,) AND: 1. SRI. MOHAN NAIK S/O LATE MAHALINGA NAIK SAIKRUPA, OPP. VIJAYA CLINIC KADRI ROCKS ROAD MANGALURU-575001. 2. THE BRANCH MANAGER ROYAN SUNDARAM ALLIANCE INSURANCE CO LTD 3RD FLOOR, EMKAY SHALIMAR COMPLEX, KANKANADY MANGALURU-02. …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADV., FOR SRI. K. SURYANARAYANA RAO, ADV., FOR R2 R1 SERVED AND UNREPRESENTED) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:25.06.2018 PASSED IN MVC NO.487/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE & CJM, MANGALURU, D.K, 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 25.06.2018 passed in MVC.No.487/2017 by the II Additional Senior Civil Judge & CJM, Mangaluru, D.K. (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Uday K.S., learned counsel appearing for the appellant, Sri.C.R.Ravishankar, learned counsel for - 3 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 Sri.K.Suryanarayana, learned counsel for respondent No.2 and meticulously perused the material available on record. 4. The appellant met with a road accident on 16.10.2016 and sustained following fractures as is evident from Ex.P5: "i) Tenderness swelling over the left hip. ii) Left anterior column and posterior wall and column fracture. iii) Tenderness swelling over the left thigh." 5. The injured appellant examined himself as PW1 and also examined two other witnesses as PW2 and PW3 and got marked Ex.P1 to Ex.P16. The Tribunal, taking into consideration of the oral and documentary evidence awarded a total compensation of Rs.1,46,829/- with interest at 6%. It is to be noticed that the appellant was employed as an HR Manager in a mall and continued in the same employment even after the accident. The claim of the appellant was that he was unable to work for a period of 116 days and he did not receive salary for the said - 4 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 period. The Tribunal, considering the oral and documentary evidence on record, has not awarded any compensation under the head of loss of future income due to disability. In my view, the said finding is as per the evidence available on record. 6. It is to be noticed that the Tribunal has not awarded any compensation under the heads of loss of amenities, loss of income during the laid-up period as the appellant claimed that he was not paid salary for 116 days. Further, the award of compensation under the head of food, nourishment, attendance charges, and conveyance is on the lower side. However, considering these aspects and taking note of the aforesaid injuries, I am of the view that a sum of Rs.50,000/- ought to be awarded towards loss of amenities. Further, a sum of Rs.25,000/- is awarded towards food, nourishment, attendance charges & conveyance, and a sum of Rs.30,000/- towards loss of income during the laid- up period. The award of compensation by the Tribunal - 5 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 towards medical expenses remains unaltered. Accordingly, the appellant is entitled to the modified compensation as under: Thus, the appellant-claimant shall be entitled to total compensation of Rs.2,42,529/- as against Rs.1,46,829/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the HEADS AMOUNT (in Rs.) Pain & suffering 50,000 Loss of amenities 50,000 Medical expenses 87,529 Loss of income during laid-up period 30,000 Towards Food, nourishment, conveyance and attendant charges 25,000 Total 2,42,529 - 6 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 appellant-claimant would be entitled to total compensation of Rs.2,42,529/- as against Rs.1,46,829/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment excluding the interest for the delayed period of 54 days as per the order dated 09.11.2022. d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. - 7 - HC-KAR NC: 2026:KHC:20246 M.F.A. No.9983/2018 f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 13