- 1 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9095 OF 2017 (MV-I) BETWEEN: ALTHAF S/O WAJID AGED ABOUT 24 YEARS, RESIDING AT NO.1175, 5TH CROSS, BASAVANAGAR HOODI BANGALORE-560 048. …APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE) AND: H R MANUNATH REDDY S/O RAGHAVA REDDY MAJOR RESIDING AT NO.40, 3RD CROSS, LAKSHMI NARYANASWAMY TEMPLE MAHADEVAPURA BANGALORE-560 048. …RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 4.7.2017 PASSED IN MVC NO.4359/2016 ON THE FILE OF V ADDITIONAL SMALL CAUSES JUDGE AND XXIV A.C.M.M.,MEMBER, MACT.,JUDGE SCCH-20, MAYO HALL UNIT,BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 THIS APPEAL COMING ON FOR ADMISSION 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 04.7.2017 passed in MVC No.4359/2016 on the file of V Additional Small Causes Judge and XXIV A.C.M.M., Member, MACT., Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant. In spite of service of notice to the respondent, respondent remained absent and is set ex- parte. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 06.03.2016 and filed claim petition claiming compensation of Rs.10 lakhs. The Tribunal considering the entire - 3 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 evidence on record, granted global compensation of Rs. Rs.45,000/- along with interest @ 9% p.a. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he spent Rs.1 lakh towards medical expenses. He was working as a driver and was earning Rs.15,000/- per month and was bed ridden for 3 months. But no amount is granted under the head ‘loss of income during laid up period’. Hence, requested for enhancement of the compensation. Though petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2016 his notional income is to be taken as Rs.9,500 per month as per the chart prepared by Karnataka State Legal Services Authority. He has not examined the doctor or filed any MRI or X-ray. As per the wound certificate under Ex.P6, there is injury to right knee and painful restricted movement of right knee. MRI of right knee done and it - 4 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 shows mild depressed fracture in the anterior aspect of the lateral tibial condyle and mild displacement of tiny fracture fragments right knee PCL tear and right knee lateral co- lateral avulsion. Out of the said injuries, first injury is grievous in nature and it is also observed by the Tribunal that he has not filed any record to show that he underwent surgery or treatment for the fracture. Considering the fact that he sustained one fracture, this court finds it is reasonable to grant an amount of Rs.30,000/- for pain and suffering, Rs.15,000/- for loss of amenities and Rs.15,000/- for transportation and extra nourishment. Petitioner might not have attended his work at least for a period of 2 months due to the injury sustained in the accident. Therefore, he is entitled for Rs.19000/- under the head loss of income during laid up period. Further, medical bills to an extent of Rs.36,795/- is filed by the claimant and the same is granted. - 5 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 5. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.45,000/- to Rs.1,15,795/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 30,000 2 Loss of amenities 15,000 3 Transportation and extra nourishment 15,000 4 Loss of income during laid down period 19,000 5 Medical expenses 36,795 6 Total 1,15,795 - 6 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 ii. The judgment and award dated 4.7.2017 passed in MVC No.4359/2016 on the file of V Additional Small Causes Judge and XXIV A.C.M.M., Member, MACT., Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.1,15,795/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.45,000/- granted by the tribunal. iv. As there is no insurance policy existing as on the date of accident, owner of the vehicle/R1 is liable to deposit the compensation, hence directed to deposit compensation of Rs.1,15,795/-along with interest of 6%, within one month from the date of this order. - 7 - HC-KAR CNR: KAHC010479412017 NC: 2026:KHC:42478 MFA No. 9095 of 2017 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.: 25