- 1 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4252 OF 2016(MV-I) BETWEEN: SRI SRINIVASA MURTHY S. S/O LATE M. SUNDARACHAR AGED ABOUT 43 YEARS R/A NO.15/8, 3RD CROSS, RAGHAVENDRA COLONY VIJAYA BANK LAYOUT BILEKAHALLI, BEHIND IIMB BANGALORE - 76 …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. THE CHOLAMANDALAM MS GEN. INS. CO. LTD. NO.9/1, ULSOOR ROAD BANGALORE - 560 042 BY ITS MANAGER 2. SRI CHANDRA SHEKAR S/O R CHINNAPPA D/NO.40/261 SRI LAKSHMI VENKATESWARA NILAYA HOSUR MAIN ROAD, ANEKAL TALUK BANGALORE - 562 106. …RESPONDENTS (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2016 PASSED IN MVC NO.7956/2012 ON THE FILE OF THE X ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 20.02.2016 passed in MVC No.7956/2012 by the Court of Motor Accident Claims Tribunal, X Additional Judge, Court of Small Causes (SCCH-16), Bangalore (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. - 3 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 3. The injured claimant met with a road traffic accident on 16.11.2012 and filed a claim petition claiming compensation of Rs.15,00,000/-. The Tribunal, after considering the entire evidence on record awarded a compensation of Rs.1,60,563/- with interest at the rate of 9% per annum from the date of petition till realization. 4. Aggrieved by the said judgment and award, the appellant/claimant has preferred this appeal and mainly contended that he was admitted in the hospital as an inpatient for a period of 12 days, but the Tribunal granted meager amounts under the other heads. He is entitled for reimbursement of medical expenses to the extent of Rs.79,857/-. But no amount has been granted under the said head. The Doctor assessed the disability at 44% and thus requested for modification of the award by enhancement the compensation. 5. Learned counsel for respondent No.1 submitted that the petitioner is an employee and was working as a Master Skill Technician in BEML, earning Rs.38,000/- per - 4 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 month. He has continued in the same employment even after the accident. Therefore, no amount is required to be awarded towards loss of future earning capacity. The Tribunal has awarded reasonable amounts under the other heads and, hence, the award is liable to be confirmed. 6. The appellant has produced Ex.P.14, which contains the details of loss of pay during the period of absence. The Senior Manager, H.R. Department of BEML, stated that the appellant was on leave without pay for a period of 99 days, resulting in loss of pay of Rs.1,00,563/- . He further stated that the appellant lost a special incentive for three months to the tune of Rs.3,500/- and had availed a loan of Rs.59,496/- towards medical treatment. He has also produced the salary slips. 7. In his cross-examination, he admitted that EL, CL and SL are available to the workers. Some leaves will lapse if they are not availed within one year, whereas SL can be accumulated for three years and is a paid leave. - 5 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 The company maintains leave records to ascertain the leave status of the workers under Form No.14. 8. He further stated that the employees of the company are provided medical care for themselves and their family members. Considering his evidence, the Tribunal granted an amount of Rs.1,00,563/- towards loss of pay during the treatment period of 99 days. The said amount is confirmed. 9. PW.3 further stated that the appellant had availed a loan of Rs.59,496/- towards medical expenses and that an amount of Rs.84,468/- had been paid. He further stated that the medical expenses were paid directly to the hospital, but the appellant had undertaken to repay the amount of Rs.59,496/- in easy installments during the remaining period of his service. However, an amount of Rs.20,361/- remained unpaid and, therefore, the total medical expenses amounted to Rs.79,857/-. Though it is stated that the medical expenses of Rs.59,496/- were reimbursed, this Court finds that the said amount was - 6 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 recovered from the appellant himself. Therefore, this Court finds it just and reasonable to grant Rs.79,857/- towards medical expenses. 10. The appellant has also examined PW.3, the Doctor, who is a Plastic Surgeon. He stated that the appellant had sustained the following grievous injuries: i. Major wound debridement of the right leg was performed on 17.11.2012. ii. Major skin grafting of the right leg was performed on 20.11.2012. iii. The patient was treated with dressings on an OPD basis till 05.01.2013 and was thereafter advised physiotherapy for the next two months. He assessed the disability of the right lower limb at 45.86% and the whole-body disability at 15.28%. The petitioner was admitted to the hospital as an inpatient for 11 days. 11. Considering the nature of the injuries sustained by him, the period of hospitalization, his age and other - 7 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 relevant factors, this Court finds it just and reasonable to award Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. 12. Thus, the compensation awarded by this Court is as follows: 13. In summary, the appellant/claimant is entitled to a total compensation of Rs.3,35,420/- as against Rs.1,60,563/- awarded by the Tribunal. The enhanced Particulars Amount in Rs. Pain and suffering 75,000.00 Loss of amenities 50,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during treatment period 1,00,563.00 Medical expenses 79,857.00 Total 3,35,420.00 - 8 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 compensation works out to Rs.1,74,857/-. To this extent, the award passed by the Tribunal is modified. 14. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 20.02.2016 passed in MVC No.7956/2012 by the Court of Motor Accident Claims Tribunal, X Additional Judge, Court of Small Causes (SCCH-16), Bangalore, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,74,857/- with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal and directed to deposit enhanced compensation of Rs.1,74,857/- - 9 - HC-KAR CNR: KAHC010335822016 NC: 2026:KHC:41952 MFA No. 4252 of 2016 with interest rate of 6% within one month from the release of such deposit. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 48