- 1 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4224 OF 2023 (MV-I) BETWEEN: MR. MARUTHEESHA. K. H. S/O HANUMANTHA RAYAPPA K.A AGED ABOUT 36 YEARS R/AT KARIMARANAHALLI HULIKUNTE BENGALURU- 561 204. …APPELLANT (BY SRI GURUDEV PRASAD K T, ADVOCATE) AND: 1. M/s. TATA AIG GENERAL INSURANCE CO. LTD., REGIONAL MANAGER No.69, 2ND FLOOR JP AND DEVI JAMBUKESHWAR ARCADE, MILLER ROAD BENGALURU- 560 052. 2. PRAVEEN R.L S/O K RAMALINGAPPA R/AT 24, “ARAGINI” 5TH MAIN, 18TH CROSS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 BTM, 2ND STAGE BENGALURU - 560 076. …RESPONDENTS (BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R1 V/O DTD. 16.07.2026 NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:21.02.2023 PASSED IN MVC No.2639/2021 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of the compensation awarded in the judgment and award dated 21.02.2023 passed in MVC No. 2639/2021 by the III Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-18). 2. Even though the matter is listed for `Admission’ today, with the consent of the learned counsel appearing - 3 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 for the appellant and learned appearing for respondent No. 1 - Insurer it is taken up for disposal. 3. Appellant - claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 21.11.2020 contending that the accident occurred due to the rash and negligent driving by the driver of the Car bearing registration No.KA-05-MU-8779. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Compensation heads Compensation amount 1. Pain and Suffering Rs.60,000-00 2. Loss of income during laid-up period and rest period Rs.47,350-00 3. Medial expenses Rs.1,39,856-00 4. Attendant, Nourishment and Conveyance Charges Rs.50,000-00 5. Reduced eligibility of employment or damages due to disability Rs.1,00,000-00 - 4 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 6. Loss of Amenities Rs.50,000-00 7. Future medication Rs.50,000-00 TOTAL Rs.4,97,206.00 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 1 – Insurer to pay the said award amount with interest. Claimant, seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant - claimant and learned counsel for respondent No.1 – Insurer. 6. Learned counsel for appellant - claimant would contend that the claimant had sustained two injuries noted in Ex.P.8 – wound certificate and he was admitted in the hospital for 21 days. Considering the same, compensation awarded by the Tribunal for `pain and suffering’ and `loss of amenities’ is on lower side. Claimant, due to the injuries sustained, had not attended to his duties and took leave for 261 days. Out of 261 days, he did not receive - 5 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 salary for 73 days, for 108 days he availed earned leave and for 80 days he availed converted leave. Considering the said aspect totally he had not attended the office for 261 days and therefore, he is entitled to `loss of income during laid up period’ for 261 days taking his monthly salary as Rs.31567/-. With this he prayed to allow the appeal. 7. Learned counsel for respondent No. 1 – Insurer would contend that the Tribunal considering the leave availed by the appellant - claimant and salary received by him has rightly awarded `loss of income during laid up period’ for 1-½ months. The Tribunal rightly awarded compensation for `pain and suffering’ and `loss of amenities’ taking into consideration the injuries sustained by the claimant. There are no grounds for enhancing the compensation. With this he prayed to dismiss the appeal. 8. Having heard learned counsel for the parties, this Court has perused the judgment and award. - 6 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 9. Claimant was working as Second Division Surveyor and his gross salary was Rs.31,567/- as per Ex.P.7 and Ex.P.8. As per Ex.P.7 and Ex.P.8 claimant had availed 73 days leave without pay, 108 days earned leave and 80 days converted leave. Considering the said aspect total leave availed by the claimant is 261 days. 108 days earned leave availed by the claimant is encashable and due to the accident he has lost the said leave. Therefore, claimant is entitled to `loss of income during laid up period’ for 261 days. As income of the claimant per month is Rs.31,567/-, salary per day is Rs.1053 (31567/30). Therefore, claimant is entitled to `loss of income during laid up period’ in a sum of Rs.2,74,833/- (1053 X 261). 10. Claimant had sustained the following injuries: a) Type – II Comminuted fracture both bones right leg b) Right common peroneal nerve injury 11. claimant was admitted in the hospital for 21 days. Considering the said injuries the compensation - 7 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 awarded by the Tribunal for `pain and suffering’ in a sum of Rs.60,000/- requires to be enhanced to Rs.80,000/- and for `loss of amenities’ in a sum of Rs.50,000/- requires to be enhanced to Rs.70,000/-. The Tribunal has rightly awarded medical expenses, attendant, nourishment and conveyance charges, future medical expenses and reduced eligibility of employment or damages due to disability. 12. In view of the above, claimant is entitled to total compensation as under: Compensation heads Compensation amount 1. Pain and Suffering Rs.80,000-00 2. Loss of income during laid-up period and rest period Rs.2,74,833-00 3. Medial expenses Rs.1,39,856-00 4. Attendant, Nourishment and Conveyance Charges Rs.50,000-00 5. Reduced eligibility of employment or damages due to disability Rs.1,00,000-00 6. Loss of Amenities Rs.70,000-00 7. Future medication Rs.50,000-00 TOTAL Rs.7,64,689.00 - 8 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 13. Claimant is entitled to total compensation of Rs.7,64,689/- as against Rs.4,97,206/- awarded by the Tribunal with interest at the rate of 6% p.a. from date of petition till the date of realization. Consequently, the claimant is entitled enhanced compensation of Rs.2,67,483/- with interest at the rate of 6% p.a. from date of petition till the date of realization. Respondent No. 1 – Insurer is liable to pay the said enhanced compensation with interest. 14. In view of the above, the following; O R D E R i) Appeal is allowed in part. ii) Appellant - claimant is entitled to enhanced compensation of Rs.2,67,483/- with interest at the rate of 6% p.a. from date of petition till the date of realization. - 9 - HC-KAR CNR: KAHC010309982023 NC: 2026:KHC:39957 MFA No. 4224 of 2023 iii) Respondent No. 1 – Insurer is directed to deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. iv) Claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 38 Ct.sm