- 1 - HC-KAR NC: 2026:KHC:18580 M.F.A. No.2053/2019 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.2053/2019 (MV-I) BETWEEN: SRI. SIRAJ AHMED S/O BASHA SAB AGED ABOUT 60 YEARS R/AT NO.30, JYOTHINAGARA VAJARAHALLI, NELAMANGALA BENGALURU RURAL-562 123. R/AT MARUTHI NILAYA KUVEMPU NAGARA NELAMANGALA TOWN-562 123. …APPELLANT (BY SRI. JAGADEESH H.T. ADV.,) AND: 1. RELIANCE GENERAL INSURANCE COMPANY LIMITED REGIONAL OFFICE NO.28 5TH FLOOR, CENTERNARY BUILDING M.G.ROAD, BENGALURU-560 001. 2. M/S. SRI. KANVA FASHIONS LTD, NO.661, I FLOOR, OPP. MODI HOSPITAL WOC ROAD, 2ND STAGE RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADV., FOR R1 V/O/DTD:20.06.2024 NOTICE TO R2 IS D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18580 M.F.A. No.2053/2019 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS IN M.V.C.NO.2387/2018 ON THE FILE OF THE HON'BLE XXI ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL (SCCH-23) AT BANGALORE IN MVC NO.2387/2018 ORDER DATED 28.09.2018. MODIFY THE AWARD BY ENHANCE THE COMPENSATION ON ALL HEADS PARTICULARLY ON THE HEADS OF LOSS OF FUTURE EARNINGS TO GRANT SUCH OTHER RELIEF AS THIS HON'BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE & ETC. THIS APPEAL, COMING ON FOR HEARING, 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 claimant challenging the judgment and award dated 28.09.2018 passed in M.V.C.No.2387/2017 by the XXI Additional Small Causes Judge and the Motor Accident Claims Tribunal (SCCH-23), Bengaluru. 2. Heard Sri.Jagadeesh H.T., learned counsel for the appellant-claimant and Sri.D.Vijaykumar, learned counsel for the respondent No.1. 3. The material on record indicates that the appellant met with a road accident on 22.04.2017 and - 3 - HC-KAR NC: 2026:KHC:18580 M.F.A. No.2053/2019 sustained fracture of femur and dislocation of hip. He was provided treatment at V.P.Magnus Hospital, Nelamangala, and was an inpatient for 10 days. Considering the oral evidence of the claimant and the other evidence on record, I am of the considered view that the compensation awarded by the Tribunal under the head of pain and suffering and the other heads is required to be re- assessed. 4. Insofar as the compensation towards the head of loss of future earning due to disability is concerned, the Tribunal has rightly declined to award the compensation in view of the fact that the appellant continues to work and earn the income. 5. Considering the nature of injury suffered, taking note of the treatment provided and considering the oral evidence of PW-2, the compensation awarded by the Tribunal is re-assessed as under: - 4 - HC-KAR NC: 2026:KHC:18580 M.F.A. No.2053/2019 HEADS AMOUNT (in Rs.) Pain and suffering 50,000 Loss of amenities 50,000 Medical expenses 4,46,920 Loss of income during laid up period (11000 x 3) 33,000 Food, nourishment and conveyance 20,000 Total 5,99,920 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.5,99,920/- as against Rs.5,06,920/- awarded by the Tribunal. 6. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 28.09.2018 passed by the Tribunal in M.V.C.No.2387/2017 is modified to an extent that the appellant-claimant would be entitled to - 5 - HC-KAR NC: 2026:KHC:18580 M.F.A. No.2053/2019 total compensation of Rs.5,99,920/- as against Rs.5,06,920/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Registry shall transmit the records to the Tribunal forthwith. Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 27