- 1 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 193 OF 2016 (MV-I) BETWEEN: MANJAPPA @ MANJANNA S/O VEERABHADRAPPA AGED ABOUT 40 YEARS, NO.63, UDAGATTA, JAGALUR TALUK - 577 528 DAVANGERE DISTRICT. ALSO AT C/O N.GANESH NO.7, 26TH BLOCK, NANDI SANKIRNA, POLICE QUARTERS (CAR SOUTH) ADUGODI, BENGALURU - 560 030. …APPELLANT (BY SRI. SHANTESH AVAJI, ADVOCATE) AND: 1. MR. MOHAMED NIYAZ S/O MOHAMED SHERIFF AGED ABOUT 49 YEARS, RESIDING AT NO.20 SRI KRISHNA TEMPLE STREET, DODDABOMMASANDRA VIDHYARANYAPURA, BENGALURU - 560 097. (RC HOLDER OF MOTOR CYCLE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 BEARING NO. KA-04-X-5672) 2. HANUMANTHAPPA S/O LATE KRISHNAPPA AGED ABOUT 40 YEARS, RESIDING AT NO.11, 3RD CROSS, THIMMAIAH LAYOUT, SINGAPURA, VALMIKINAGAR, JALAHALLI EAST, BENGALURU - 560 097. (OWNER OF THE MOTOR CYCLE BEARING NO. KA-04-X-5672) …RESPONDENTS (BY SRI. B.M. CHANDRASHEKAR, ADVOCATE FOR R2(ABSENT); VIDE ORDER DATED 15.09.2023, NOTICE TO R1 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.7.2015 PASSED IN MVC NO.6409/2012 ON THE FILE OF THE 13TH ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 - 3 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 29.07.2015 passed in MVC Nos.8230/2011 and 6409/2012. However, MFA No.193/2016 is filed against the award passed in MVC No.6409/2012 by the XIII Additional Small Cause Judge & Member MACT, Court of Small Causes, Bengaluru, seeking enhancement of the compensation. 2. The petitioner/injured claimant met with an accident on 20.11.2010 and filed the claim petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,30,000/- with interest at the rate of 8% p.a., from the date of filing the petition till the date of realization. 3. Being aggrieved by the said order, he preferred this appeal and mainly contended that the Tribunal granted meagre amounts under the other heads and it is - 4 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 also observed that the doctor has not examined. As such, no amount is granted under the head future loss of income. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of the learned counsel for the appellant yesterday and today i.e., 31.07.2026 the matter was posted for the arguments of respondents. But none appeared on behalf of the respondents. Therefore, it is held that there are no arguments on behalf of the respondents and the matter is taken up for dictation of orders. 5. Though it is stated that the petitioner/injured was an agriculturist earning Rs.6,000/- per month, he has not filed any income proof. As he met with an accident in the year 2010, his notional income is to be taken as Rs.5,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 42 years and the applicable - 5 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 multiplier is ‘14’. The petitioner filed Ex.R.6-wound certificate, Ex.R.9-discharge summaries and Ex.R.11- prescriptions, but not examined the doctor. As per the Ex.R6-wound certificate, the petitioner sustained Type II compound fracture of both bones of right leg. He was treated surgically in the form of ORIF and external fixation is applied on 21.11.2010 totally he was in the hospital for a period of 17 days. As per the discharge summary, the petitioner was admitted in the hospital on 23.05.2011 and was discharged on 27.05.2011 and diagnosed for fracture of both bones of right leg and external fixator was removed during the said period. Ex.R.8 are the x-rays, he has suffered fracture of both bones of right leg and toe. He was inpatient for 17 days in different spells. Considering his age, occupation, nature of injuries, period of hospitalization and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.60,000/- towards pain and suffering. The Tribunal already granted Rs.50,000/- towards loss of amenities, - 6 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 Rs.30,000/- towards attendant charges, diet, conveyance charges, Rs.80,000/- towards medical expenses and the said amounts are confirmed. The Petitioner stated that he was doing agricultural work and also filed RTC under Ex.R.16. Considering the same, the Tribunal has taken his income as Rs.6,000/- per month. This Court finds no reason to interfere with the said order. The Tribunal also granted Rs.30,000/- towards loss of income during laid up period and it is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Towards loss of amenities 50,000/- 3. Towards attendant charges, diet and conveyance charges 30,000/- 4. Towards loss of income during laid up period 30,000/- 5. Towards medical expenses 80,000/- Total 2,50,000/- - 7 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,50,000/- along with interest at the rate of 6% p.a. 8. The manner of accident shows that on 20.11.20210, while rider of a motorcycle bearing Reg.No.KA-04-X-5672 was proceeding from Tamalehalli Village, the rider of Hero Honda Motorcycle (appellant herein) bearing Reg No.KA-27-K-4677, came in a rash and negligent manner with high speed and dashed the motorcycle of the deceased. It is observed by the Tribunal that as per Ex.R.14-indemnity bond executed by respondent No.3 in favour of respondent No.1, it is stated that respondent No.1 is Mohamed Niyaz, who was RC owner and respondent No.3 is the present owner. Respondent No.2 stated that he purchased vehicle four years prior to the accident. But still the ownership is not transferred in his name. Therefore, the Tribunal rightly stated that both of them are jointly and severally liable to - 8 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 pay the compensation. But so far they have not deposited any amount. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 29.07.2015 passed in MVC No.6409/2012 on the file of the XIII Additional Small Cause Judge & Member MACT, Court of Small Causes, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.2,50,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,30,000/- granted by the tribunal. iv. The respondent Nos.1 and 2 are directed to deposit the compensation amount equally - 9 - HC-KAR CNR: KAHC010180332016 NC: 2026:KHC:40277 MFA No. 193 of 2016 along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 30