- 1 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8122 OF 2013 (MV-I) BETWEEN: SRI. RAGHAVENDRA RAO S/O SRI. LAKSHMINARAYA RAO AGED ABOUT 42 YEARS RESIDENT OF ANNARAYA HOUSE PERMUDE VILLAGE AND POST MANGALORE TALUK - 574 509. …APPELLANT (BY SRI. VISHNU MURTHY, ADVOCATE) AND: 1. SRI. SHEENA POOJARY S/O MANJAPPA POOJARY MAJOR, LORRY OWNER RESIDEN OF THENKILA HOUSE KUTTETHARU, PUTTUR TALUK - 574 201. 2. THE ORIENTAL INSURANCE COMPANY LTD., HAVING ITS BRANCH OFFICE AT KRISHNA PRASAD BUILDING, MAIN ROAD PUTTUR - 574 201. …RESPONDENTS (BY SRI. SHOBHITH N. SHETTY, ADVOCATE FOR R1; SRI. M.P. SRIKANTH, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2012 PASSED IN MVC NO.1693/2006 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, MANGALORE & MEMBER, MACT, MANGALORE, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING FURTHER ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.10.2012 passed in MVC No.1693/2006 on the file of the Presiding Officer, Fast Track Court, Mangalore & Member, MACT, Mangalore, Dakshina Kannada, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 3. The petitioner/injured claimant met with an accident on 13.07.2006 and filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.91,550/- with interest at the rate of 6% p.a., from the date of filing the petition. Aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was a Purohit as on the date of accident and was earning a monthly income of Rs.10,000/- to Rs.15,000/-. Due to the grievous injuries sustained in the accident, he has suffered loss of earning capacity. The Tribunal has awarded meagre compensation under the other heads. The interest is to be granted at the rate of 8% per annum. Therefore, requested for enhancement of the compensation. 4. Though the petitioner stated that he was earning Rs.10,000/- to Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2006, this Court finds it is just and reasonable to take his notional income as Rs.3,500/- per month, in the lines of the chart prepared by the Karnataka State Legal Services Authority. The - 4 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 petitioner/injured was aged 35 years and the relevant multiplier is '16'. He sustained the following injuries: “The petitioner sustained six injuries, the first injury is abrasion over right cheek, the 2nd injury is abrasion over front of right knee, 3rd injury is abrasion over front of right left, just below the knee, 4th is fracture of right clevicle, 5th is segmental fracture of shaft of right femur and the last injury is communited fracture of lower end of right radius.” Out of which, injury Nos.1 to 3 are simple in nature and injury Nos.4 to 6 are grievous in nature. 5. The petitioner/injured was admitted in the hospital for a period of 15 days. The petitioner also examined the doctor as PW.2 and he stated that the petitioner was treated for the fractures and other injuries. Considering the nature of injuries, period of hospitalisation, his occupation and other relevant factors, this Court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other - 5 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 work at least for a period of four months. Therefore, a sum of Rs.14,000/-(3,500x4) is to be granted under the head loss of income during the laid up period. The Tribunal has discussed regarding medical expenses in detail and granted a sum of Rs.43,050/-. This Court finds it reasonable to confirm the said amount. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,62,050/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards medical expenses 43,050/- 3. Towards loss of amenities 25,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 14,000/- Total 1,62,050/- - 6 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.10.2012 passed in MVC No.1693/2006 on the file of the Presiding Officer, Fast Track Court, Mangalore & Member, MACT, Mangalore, Dakshina Kannada, is modified. iii. The claimant is entitled to a sum of Rs.1,62,050/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.91,550/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of - 7 - HC-KAR CNR: KAHC010402492013 NC: 2026:KHC:36306 MFA No. 8122 of 2013 Rs.70,500/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 24