- 1 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6642 OF 2013 (MV-I) BETWEEN: SUNIL MENDONSA AGED ABOUT 43 YEARS S/O LATE ANTONY MENDONSA RESIDENT OF “EMMANUEL” MOODUTHONSI VILLAGE 2ND CROSS, NEAR WATER TANK POST SANTHEKATTE UDUPI TALUK AND DISTRICT …APPELLANT (BY SRI. ABHISHEK VAIDYA, ADVOCATE FOR SRI. S V PRAKASH., ADVOCATE) AND: 1. M M GOVINDA RAO KAMATH S/O H G MURALIDHAR KAMATH MAJOR, R/O NO.27 ARYA DURGAMMA STREET ROAD SHIMOGA CITY-577 202. 2. M/S RELIANCE GENERAL INSURANCE CO., DEERUBAI AMBANI GROUP BRANCH OFFICE 1ST FLOOR NORTH WING, MUNCHANDI FLAZA ST. MARK’S ROAD BANGALORE REPRESENTED BY ITS DIVISIONAL MANAGER …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 (BY SMT. T.N. MALATHI, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 25.3.2013 PASSED IN MVC NO.456/2010 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT A common order was passed by Senior Civil Judge and Addl., MACT at Udupi (hereinafter referred as Tribunal) in MVC Nos.456/2010 and 457/2010 dated 25.03.2013. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 25.3.2013 passed in MVC No.456/2010, passed by the Tribunal for enhancing the compensation. 3. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 The ranks of the parties are retained as per tribunal for the sake of convenience. 4. Injured claimant met with an accident on 09.01.2010 and filed claim petition claiming compensation of Rs.7,55,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,00,600 + 15000 = Rs.1,15,600/- along with interest at the rate of 8% p.a., from date of petition till realisation. 5. Aggrieved by the said order, he preferred an appeal and mainly contended that he was working as an electrician in Sudha Electrical, Barkur and earning Rs.250 per day. He sustained grievous injuries and doctor assessed the permanent disability of right upper limb as 26% disability and also stated that there is a decrease of 10% of strength grip. The Tribunal granted inadequate compensation. Respondent No.1 owner of the vehicle remained ex-parte. The Tribunal granted meager amounts under the other heads. The Tribunal has not considered - 4 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 the disability, therefore, requested for enhancement of the compensation. 6. Though petitioner stated that he was earning Rs. 250 per day he has not filed an income proof. As he met with an accident in the year 2010, this court finds that it is just and reasonable to take his income as Rs.5,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 40 years and the relevant multiplier is ‘15’ years. The petitioner filed Ex.P4/wound certificate and Ex.P7/discharge summary and also examined PW4 doctor and he stated that Petitioner sustained following injuries, 1) Fractured chip of Olecronon right, 2) Ulnar Nerve injury right, 3) Complete tear of triceps muscles right, In addition to this, he had sutured wound over right elbo postero medial aspect. PW.2 has assessed permanent disability of 26% on his right upper limb. It is disclosed - 5 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 that there is decrease of 10% of strength grip. A nurve conduction study was done by the Neurologist at KMC, Manipal which is consistent with Type II injury with nerve continuity. He was admitted in the hospital as an inpatient for 11 days. Therefore, this court finds that it is just and reasonable to take 1/3rd of 26% i.e, 9% towards disability. Hence, the loss of future earning capacity comes to Rs. 5,500 x 12 x 15 x 9% = Rs.89,100/-. Considering the occupation of the petitioner, nature of injuries sustained by him and period of hospitalization and other relevant factors, this court finds it is just and reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000 for transportation, extra nourishment and attendant charges. Petitioner might not have attended his work at least for a period of 4 months. Therefore, Rs.5,500x 4 = Rs.22,000 is to be granted under the head loss of income during laid up period. Tribunal already granted Rs.25,600/- towards medical expenses and the said amount is confirmed. - 6 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 7. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,15,600/- to Rs.2,41,700/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 89,100 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 22,000 6 Medical expenses 25,600 Total 2,41,700 - 7 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 ii. The judgment and award dated 25.03.2013 passed in MVC No.456/2010 on the file of the Senior Civil Judge and Addl., MACT at Udupi, is modified. iii. The claimants is entitled to a sum of Rs.2,41,700/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,15,600/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,26,100/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:35543 MFA No. 6642 of 2013 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 17