- 1 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3092 OF 2023 (MV-I) BETWEEN: 1. MR PAVAN M V S/O VENKATESH M AGED ABOUT 34 YEARS R/A NO.446, SHIVAGANGA JUDICIAL LAYOUT YELAHANKA, THULASIRAMU BANGALORE-560065 …APPELLANT (BY Smt. KAVYA K URS.,ADVOCATE) AND: 1. SRI JINESH M J S/O JOSE AGED ABOUT 37 YEARS R/A MITTATHANIKKAL HOUSE KENICHIRA PO, WAYANADU KERALA-673592 2. UNITED INDIA INS. CO. LTD OFFICE AT KALPETTA PINANGODE ROAD JUNCTION MAIN ROAD KALPETTA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 WAYANAD-673121 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. NAGARAJAIAH K ,ADVOCATE FOR R2 R1 - JINESH M J, SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.11.2021 PASSED IN MVC NO.160/2019 ON THE FILE OF THE XXI ACMM AND XXIII ADDITIONAL SMALL CAUSE JUDGE, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 30.11.2021 passed in M.V.C. No.160/2019 by the learned XXIII Additional Small Causes Judge, and M. A. C. T. Bangalore (SCCH-25). 2. Even though this appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2. - 3 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 3. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 14.01.2017 contending that the accident occurred due to the rash and negligent driving of driver of Mahindra vehicle bearing Regn. KA-28-6838. 4. The Tribunal after recording evidence, appreciating the evidence on record has assessed the compensation and awarded the compensation under various heads as under: 1. Pain and suffering = Rs.25,000.00 2. Medical expenses = Rs.68,763.00 3. Conveyance, transportation and other incidental expenses = Rs.10,000.00 --------------- Total Rs.1,03,763.00 5. The Tribunal has also awarded interest at the rate of 6% p.a. from the date of petition till realisation and directed the respondent No.2/Insurer to deposit the award - 4 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 amount with interest. The claimant seeking enhancement has filed the present appeal. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2. 7. The learned counsel for appellant would contend that the claimant has sustained fracture of condyle of right tibia and swelling over little toe and admitted in the hospital for five days. Considering the same, the compensation awarded towards pain and suffering is on lower side. The Tribunal has not awarded loss of amenities. With this, she prayed to allow the appeal. 8. The learned counsel for respondent No.2 would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. - 5 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 9. Having heard the learned counsel, the Court has perused the judgment and award. 10. As per Exs.P4 and P7/wound certificates, the claimant has sustained the following injuries: 1) Fracture of condyle of right tibia. 2) Swelling over right little toe. 11. The doctor has opined that the injury No.1 is grievous injury and injury No.2 is a simple injury. Considering the said injuries sustained, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.40,000/-. 12. The Tribunal has not awarded loss of amenities. Considering the said injuries, the claimant is entitled to loss of amenities in a sum of Rs.20,000/-. Considering the documents, the Tribunal has rightly awarded medical expenses, attendant and conveyance charges. 13. In view of the above, the claimant is entitled to enhanced compensation of Rs.35,000/- with interest at the - 6 - HC-KAR CNR: KAHC010223222023 NC: 2026:KHC:38733 MFA No. 3092 of 2023 rate of 6% p.a. from the date of petition till realisation. and respondent No.2/Insurer is liable to pay the enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.35,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) The respondent No.2/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till payment. iv) The claimant is not entitled for interest for the delay period of 327 days in filing the appeal. v) The appellant/claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 31