- 1 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8082 OF 2015 (MV-I) BETWEEN: SRI CHANDRA MOHAN S/O ANANDAIAH, AGED ABOUT 29 YEARS, NO.14, 8TH “F” CROSS, 14TH MAIN, INDIRA COLONY, RPC LAYOUT, BENGALURU-560 040 PERMANENT ADDRESS: NO.179, KALABAIRESHWARA NILAYA, BEHIND SHADAKSHARA MUTT, KENCHAGHATT, TIPTUR RURAL KOTANAYAKANAHALLI, TUMKUR DISTRICT-572 101. …APPELLANT (BY SRI. PARAMESHWARAPPA T., ADVOCATE) AND: 1. SYED IMRAN MAJOR, NO.11, 7TH MAIN, 2ND CROSS, CHAMARAJPET, BENGALURU-560 018. 2. MANAGER SB.I. GENERAL INSURANCE CO. LTD., PLAT FORM ROAD, NEAR SWATHI HOTEL, SHESHADRIPURAM BANGALORE-560 020. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 …RESPONDENTS (BY SRI. SHARANAPPA GOUDA MALIPATIL, ADVOCATE FOR R2, V/O. DTD: 31.10.2017 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 09.02.2015 PASSED IN MVC NO.23/2014 ON THE FILE OF THE MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH.13) 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 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 09.02.2015 passed in MVC No.23/2014 on the file of the II Addl. Small Causes Judge and XXVIII ACMM, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 3. Injured claimant met with an accident on 14.11.2013 and filed claim petition, claiming compensation of Rs.15 laksh. The Tribunal considering the entire evidence on record, granted an amount of Rs.2,77,740/- along with interest at the rate of 6% per annum from date of deposit in court. 4. Aggrieved by the said order, this appeal is preferred, in which it is mainly contended that the Tribunal granted meager amounts under the other heads. The petitioner sustained fracture injuries which are grievous in nature. The doctor assessed the same as 18%. The Tribunal granted only Rs.82,040/- under the head loss of earning during treatment period, but the petitioner was not paid salary for 57 days. The tribunal ought to have granted loss of income for 6 months. Medical expenses is also granted on lower side and thus requested for enhancement of the compensation. 5. Heard the arguments of both sides. - 4 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 6. Learned counsel for respondent also stated that tribunal rightly considered all aspects and granted reasonable compensation and it is to be confirmed. 7. The petitioner was aged 28 years, working as Software Engineer at Cognizant, Bengaluru and getting a salary of Rs.44,826/- for the month of October 2013. As per Ex.P9 to Ex.P13, he met with an accident on 14.11.2013, Tribunal after considering the deductions taken his salary as Rs.43,179/- per month and this court finds no reason to interfere with the said order. He was aged 28 years. The relevant multiplier is 17. He filed Ex.P7/Wound Certificate and P8/discharge summary and other medical records and also examined doctor as PW2 who is an orthopedic surgeon. He stated that the petitioner sustained fracture of shaft tibia middle 1/3rd and fibula of left side, left ZMC fracture. The doctor further stated that he treated him for plating of facial fractures and interlocking nailing – left leg. The patient has made - 5 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 multiple post-op visits and the fractures have healed. The fractures are healed. He further stated that plastic surgeon who operated and assessed the disability of the maxilofacial region as 10% and he assessed the whole body disability as 18%. The total left lower limb disability is 31% and whole body disability is 10%. Based on the two components, the whole body disability is assessed as 18%. It is further stated that he requires another surgery for removal of the implants in the left leg and the estimated cost of the same is Rs.50,000/-. It is also brought to the notice of this court that the petitioner is continuing his service as an IT professional, even after the accident has occurred. Therefore, tribunal has not granted any amount under the loss of future earning capacity. 8. The petitioner filed his employment certificate under Ex.P10 and also leave sanction letter under Ex.P9. It was observed by the Tribunal as per Ex.P9 petitioner was paid salary from 14.11.2013 to 26.11.2013, 02.12.2013 to - 6 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 16.12.2013, 16.01.2014 to 21.01.2014, 06.02.2014 to 03.03.2014 and further, it reveals that, the petitioner was not paid the salary from 22.1.2014 to 31.01.2014, 07.02.14 to 28.02.14 and 04.03.14 to 28.3.14. So, in all, petitioner was not paid salary for 57 days. Considering his salary as Rs.43,179/- per month, as he did not attend office for 57 days, Tribunal already granted Rs.82,040/- towards loss of earning during treatment period and the said amount is confirmed. The Tribunal granted Rs.75,000/- for pain and suffering, Rs.35,000/- for loss of amenities and also Rs.54,700/- towards medical expenses. The said amounts are just and reasonable and is confirmed. This Court finds it is reasonable to grant an amount of Rs.30,000/- towards transportation, extra nourishment and attendant charges. Tribunal granted Rs.25,000/- towards future medical expenses, PW2 estimated the cost of the surgery as Rs.50,000/-. Therefore, this court finds that it is just and reasonable to grant Rs.40,000/- towards future medical expenses. - 7 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 9. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.2,77,740/- to Rs.3,16,740/- along with interest at the rate of 6% p.a. 10. 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 75,000 2 Loss of amenities 35,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Medical expenses 54,700 5 Future medical expenses 40,000 6 Loss of earning during laid up period 82,040 Total 3,16,740 - 8 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 ii. The judgment and award dated 09.02.2015 passed in MVC No.23/2014 on the file of the II Addl. Small Causes Judge and XXVIII ACMM, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.3,16,740/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,77,740/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.39,000/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR CNR: KAHC010443512015 NC: 2026:KHC:40683 MFA No. 8082 of 2015 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.: 37