- 1 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3961 OF 2024 (MV-I) BETWEEN: SMT. MANJULA W/O LATE HANUMANTHAPPA AGED ABOUT 56 YEARS R/AT MEDARAKERI, 5TH CROSS BEHIND AUTO STAND VINOBHA NAGARA SHIVAMOGGA-577 201. …APPELLANT (BY SRI M V MAHESWARAPPA, ADVOCATE) AND: 1. K.T. KIRAN SHENOY S/O THRIVIKRAMA SHENOY AGED ABOUT 49 YEARS R/O NANDINI NILAYA 14TH CROSS, 60 FEET ROAD VINOBA NAGARA SHIVAMOGGA - 577 201. 2. K.R. NAGARAJA S/O K RANGAPPA AGED ABOUT 34 YEARS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 R/O No. 131, BEHIND 100 FEET ROAD RAJENDRA NAGARA SHIVAMOGGA - 577 201. 3. THE BRANCH MANAGER THE ORIENTAL INSURANCE COMPANY VINAYAKA COMPLEX 1ST CROSS, GARDEN AREA SHIVAMOGGA - 577 201. …RESPONDENTS (BY SRI P B RAJU, ADVOCATE FOR R3 V/O DTD. 14.10.2024 NOTICE TO R1 & R2 ARE D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.04.2024 PASSED IN MVC No.146/2020 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, SHIVAMOGGA, C/c II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND MEMBER, AMACT, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of the compensation awarded in the judgment and award dated 10.04.2024 passed in MVC No. - 3 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 146/2020 by the II Additional Senior Civil Judge and Additional MACT, Shivamogga. 2. Appellant – claimant made a claim petition before the Tribunal praying to award compensation for the injuries sustained by her in a road traffic accident that occurred on 22.05.2019 contending that the accident occurred due to the rash and negligent driving by the driver of the car bearing registration No. KA-35-M-4927. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1. Pain and suffering Rs.50,000/- 2. Loss of laid up period (14000 X 3 – 42000) Rs.42,000/- 3. Medical Expenditure Rs.42,000/- 4. Loss of Future Income Rs. –NIL 5. Towards diet and conveyance Rs.20,000/- 6. Loss of amenities Rs.30,000/- - 4 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 7. Loss of permanent physical imperiament Rs.25,000/- TOTAL Rs.2,09,000/- 3. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 3 – Insurer to deposit the said award amount with interest. Claimant, seeking enhancement of the compensation awarded, has filed the present appeal. 4. Heard learned counsel for appellant - claimant and learned counsel for respondent No. 3 - Insurer. 5. Learned counsel for appellant would contend that the claimant had sustained 3 injuries and out of them 2 injuries were grievous in nature as noted in Ex.P.7 – wound certificate. Considering the same, compensation awarded by the Tribunal under the head `pain and suffering’ and `loss of amenities’ is on lower side. With - 5 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 this he prayed to allow the appeal and enhance the compensation awarded by the Tribunal. 6. Learned counsel appearing for respondent No. 3 – Insurer would contend that compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement. 7. Having heard learned counsel for the parties, this Court has perused the judgment, award and trial Court records. 8. Claimant had sustained the following injuries as per wound certificate - Ex.P.7: i) Pain + local tenderness Rt. Shoulder difficult to touch opposite Shoulder ii) Inci over Respondent heel (»A§¢) 6 X ½ “ + pain + swelling + local tenderness iii) Abrasion over limb over upper part of Abdomen 9. Injury Nos. (i) and (ii) are opined to be grievous injuries and injury No. (iii) is simple injury. - 6 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 Considering the said injuries, the Tribunal has awarded compensation under the head `pain and suffering’ in a sum of Rs.50,000/-. Claimant had sustained fracture of right leg tibia and she had taken treatment as inpatient for 14 days. The Tribunal has also awarded compensation under the head `loss of amenities’ in a sum of Rs.30,000/- and `loss of income during laid up period’ for 3 months. Considering the injuries sustained and claimant being admitted in hospital for 14 days, compensation can be globally enhanced by Rs.25,000/- without any interest. 10. In view of the above, the following; O R D E R i) Claimant is entitled enhanced compensation of Rs.25,000/- without any interest. ii) Respondent No. 3 – Insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from this day failing which it is liable to pay interest at the rate - 7 - HC-KAR CNR: KAHC010335602024 NC: 2026:KHC:37664 MFA No. 3961 of 2024 of 6% p.a. from this day till the date of payment. iii) Claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 65 Ct.sm