- 1 - HC-KAR NC: 2026:KHC:18567 M.F.A. No.3662/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3662/2020 (MV-I) BETWEEN: MISS. BINDURANI S.R. D/O SRI. RAJAGOPALA RAO S.V. AGED ABOUT 44 YEARS OCCUPATION SENIOR MANAGER COFFEE DAY GLOBAL LTD K M ROAD, CHIKKAMAGALURU. …APPELLANT (BY SRI. RAJA SUBRAHMANYA BHAT B, ADV.,) AND: 1. SRI. LATHESH RAJ AGED ABOUT 21 YEARS S/O SRI NAGARAJ JANATHA BEEDHI TEGOOR VILLAGE CHIKKAMAGALURU TALUK. 2. SRI. RAGHU I.G. AGED ABOUT 25 YEARS S/O SRI GANGADHAR RAJ R/O JANATHA BEEDHI TEGOOR VILLAGE CHIKKAMAGALURU TALUK. 3. NATIONAL INSURANCE COMPANY YASHORAM CHAMBERS R G ROAD Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18567 M.F.A. No.3662/2020 CHIKKAMAGALURU CITY. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, ADV., FOR R1 SRI. B. PRADEEP, ADV., FOR R3 R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS FROM THE COURT PERTAINING TO MVC NO.9/2019 DD ON 24.2.2020 AND OR EXAMINING THE SAME BE PLEASED TO ALLOW THIS MFA BY GRANTING THE CLAIMED ENHANCED COMPENSATION OF RS.13,50,000/- TOGETHER WITH INTEREST IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 24.02.2020 passed in MVC.No.9/2019 by the Principal Senior Civil Judge & CJM and Member, MACT, Chikkamagaluru, (for short 'the Tribunal). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:18567 M.F.A. No.3662/2020 3. I have heard the arguments of Sri.Rajasubrahmanya Bhat B., learned counsel appearing for the appellant and Sri.B.Pradeep, learned counsel for respondent No.3 and meticulously perused the material available on record. 4. The appellant sustained grievous injuries in a road accident dated 09.12.2016 and she was an inpatient from 09.12.2016 to 26.12.2016. The evidence available on record indicates that the appellant sustained a fracture of the right clavicle along with 4 ribs fracture on the right side. The Tribunal considering the material evidence available on record, has awarded a total compensation of Rs.1,50,000/- by disallowing the compensation under the head of loss of future income due to disability on the ground that the appellant continued with her employment even after the accident. It is to be noticed that, after the accident, the appellant continued with her employment and her salary was increased. In view of these facts, the finding of the Tribunal with regard to the award of - 4 - HC-KAR NC: 2026:KHC:18567 M.F.A. No.3662/2020 compensation under the head of loss of future income due to disability is upheld. 5. Taking note of the injuries sustained by the appellant, namely the fracture of the right clavicle and 4 rib fractures on the right side, I am of the considered view that the compensation awarded by the Tribunal under the head of pain and suffering is required to be enhanced appropriately and also noting that the Tribunal has not awarded any compensation under the head of loss of amenities, the same shall also be awarded. Considering both these components, this Court is of the view that the interest of justice would be met if an additional compensation of Rs.75,000/- is awarded to the appellant over and above the compensation awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.75,000/- as compensation. 6. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional - 5 - HC-KAR NC: 2026:KHC:18567 M.F.A. No.3662/2020 compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. 7. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 12