- 1 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4963 OF 2013 (MV-I) BETWEEN: SRI. MANJU AGED ABOUT 35 YEARS S/O KEMPEGOWDA NO.552, 19TH CROSS 2ND BLOCK, BELAVADI VILLAGE YELAWALA HOBLI, MYSORE - 571 130. …APPELLANT (BY SRI. PUTTARAJA C.P, ADVOCATE) AND: 1. D.R. LOKESH SHETTY S/O REVANNA SHETTY AGED MAJOR GUNDEGOWDANA KOPPALU DASARAKOPPALU POST HASSAN TALUK - 573 201. (OWNER CUM DRIVER OF CAR NO. KA 13/M022) 2. DIVISIONAL MANAGER NATIONAL INSURANCE CO., LTD., MANJUNATHESHWARA COMPLEX BUS STAND ROAD, HASSAN REPRESENTED BY DIVISIONAL MANAGER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 NATIONAL INSURANCE CO. LTD., 3RD FLOOR, RAMASWAMY CIRCLE MYSORE - 570 001. …RESPONDENTS (BY SRI. E.R. DIWAKAR, ADVOCATE FOR R2; VIDE ORDER DATED 08.09.2015, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.4.2012 PASSED IN MVC NO.1336/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-1, MEMBER, ADDITIONAL MACT, MYSORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING 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 23.04.2012 passed in MVC No.1336/2011 on the file of the Presiding Officer, Fast Track Court-1 and Member Additional MACT, Mysore, seeking enhancement of the compensation. - 3 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 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. The petitioner/injured claimant met with an accident on 08.04.2011 and filed petition before the Tribunal for compensation of Rs.5,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,10,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. 4. Aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was aged 35 years, doing mason work and earning Rs.10,000/- per month. The Tribunal has granted inadequate compensation. He sustained two fracture injuries and hospitalised as an inpatient for eight days. The Tribunal has granted meagre amounts under the other heads. - 4 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 Therefore, requested for enhancement of the compensation. 5. Learned counsel for the respondents stated that the petitioner/injured has not examined the doctor. He sustained one simple injury and two fracture injuries. 6. Though the petitioner stated that he was earning Rs.10,000/- per month, he has not filed any income proof. As he met with an accident in the year 2011, his notional income is to be taken as Rs.6,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 33 years. As per Ex.P.4-wound certificate, the petitioner sustained the following three injuries, out of which injury No.1 is simple in nature and injury Nos.2 and 3 are grievous in nature: "i. Cut wound over occipital region. ii. Fracture of (Rt) lateral malleolus & (Rt) lower end of fibula. - 5 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 iii. Fracture of (Lt) 2nd metatarsal bone." 7. The petitioner/injured was hospitalized for eight days. The petitioner has not examined the doctor, but incurred medical expenses. As per Exs.P.5 and P.6, the Tribunal has granted a sum of Rs.44,100/- towards medical expenses and the said amount is confirmed. 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.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.15,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have done any other work at least for a period of two months. Therefore, a sum of Rs.13,000/- (6,500 × 2) is awarded under the head of loss of income during the laid-up period. 8. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,32,100/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.04.2012 passed in MVC No.1336/2011 on the file of the Presiding Officer, Fast Track Court-1 and Member Additional MACT, Mysore, is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2 Towards medical expenses 44,100/- 3 Towards transportation, extra nourishment and attendant charges 15,000/- 4. Towards loss of amenities 20,000/- 5 Towards loss of income during the laid up period 13,000/- Total 1,32,100/- - 7 - HC-KAR CNR: KAHC010514962013 NC: 2026:KHC:36836 MFA No. 4963 of 2013 iii. The claimant is entitled to a sum of Rs.1,32,100/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,10,000/- 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 enhanced compensation of Rs.22,100/- 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.: 19