- 1 - HC-KAR NC: 2026:KHC:20245 M.F.A. No.280/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.280/2020 (MV-I) BETWEEN: CHANDRASHEKAR H.G. SINCE DEAD BY LR'S. 1(a). VANAJAKSHI W/O CHANDRASHEKARA H.G. AGED ABOUT 54 YEARS. 1(b). PRAVENA H.C. S/O CHANDRASHEKARA H.G. AGED ABOUT 28 YEARS. 1(c) NAGARAJA H.C. S/O CHANDRASHEKARA H.G. AGED ABOUT 26 YEARS. 1(d) PALLAVI H.C. D/O CHANDRASHEKARA H.G. AGED ABOUT 21 YEARS. ALL ARE R/AT. HIMBIYALU VILLAGE HEDDUR POST THIRTHAHALLI TALUK SHIVAMOGGA DIST. …APPELLANTS (BY SRI. PRASANNA D.P. ADV.,) AND: 1. SUNIL .S S/O SHEKAR SHETTY AGED ABOUT 26 YEARS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20245 M.F.A. No.280/2020 KATAGARU VILLAGE KATTEHAKKALU POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT. 2. SHEKAR SHETTY S/O MANJAYA SHETTY AGED ABOUT 48 YEARS KATAGARU VILLAGE KATTEHAKKALU POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT. 3. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY VINAYAKA HEALTH R/AT. VPO INDALI THE JHUNJHUNU DIST RAJASTHAN-333001. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADV., FOR R3 R1 & R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2019 PASSED IN MVC NO.683/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., ADDITIONAL MACT-14, THIRTHAHALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 27.04.2019 - 3 - HC-KAR NC: 2026:KHC:20245 M.F.A. No.280/2020 passed in MVC.No.683/2018 by the Senior Civil Judge & JMFC and AMACT-14, Thirthahalli (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. Heard Sri.Prasanna D.P., learned counsel appearing for the appellant, Sri.S.V.Hegde Mulkhand, learned counsel appearing for respondent No.3 and meticulously perused the material available on record. 4. The appellant met with a road accident on 17.12.2017 and sustained fractures of the left fibula and tibia, as is evident from Ex.P5. The appellant was hospitalized as an inpatient at KMC Hospital, Manipal for a period of 20 days from 17.12.2017 to 05.01.2018, during which he underwent surgery and implants were inserted. However, the appellant neither examined the doctor to assess the disability nor produced any disability certificate. The Tribunal, taking into consideration the oral and - 4 - HC-KAR NC: 2026:KHC:20245 M.F.A. No.280/2020 documentary evidence on record awarded a total compensation of Rs.1,32,000/-. The contention of the appellant that he is entitled to compensation under the head of loss of future income due to disability was rightly rejected by the Tribunal in the absence of any supporting evidence. Having regard to the oral and documentary evidence on record and considering the nature of injuries sustained, I am of the considered view that compensation under the head of loss of amenities is required to be awarded and some additional amount is required to be awarded under the head of food, nourishment, attendant charges and conveyance, in view of the fact that the appellant was hospitalized as an inpatient for a period of 20 days. Instead of awarding a nominal amount under these heads, the ends of justice would be met if an additional compensation of Rs.65,000/- is awarded to the appellant in addition to what has been awarded by the Tribunal. Accordingly, the appellant is entitled to an additional sum of Rs.65,000/- as compensation. - 5 - HC-KAR NC: 2026:KHC:20245 M.F.A. No.280/2020 5. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till realization. 6. 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. The Registry is directed to transmit the records to the Tribunal forthwith and draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 15