- 1 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2359 OF 2024 (MV-I) BETWEEN: SRI CHANNARAJU S/O LATE DODDAIAH, AGED ABOUT 53 YEARS, NO 39/1, 1ST MAIN ROAD, 3RD CROSS, VIJAYANAGAR, BENGALURU- 560040 …APPELLANT (BY SRI. P S KAILAS SHANKAR, ADVOCATE FOR SRI. K T MADHU, ADVOCATE) AND: 1. M/S BHARAT KUMAR ENTERPRISES REPT BY PROPRIETOR: OBLESH A NO. 68, MRS PALYA, BENSON TOWN, NANDI DURGA ROAD, BENGALURU- 560046 (REPRESENTED BY THEIR COUNSEL) 2. RELIANCE GENERAL INSURANCE CO., LTD LEGAL OFFICE, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU- 560001 (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI. D VIJAYAKUMAR, ADVOCATE FOR R2; V/O DATED 04/02/2025, NOTICE TO R1 D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.26.09.2023 PASSED IN MVC NO.3572/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 26.09.2023 passed in MVC No.3572/2020, by the Chief Judge, Court of Small Causes and Member, Principal MACT, Bengaluru (SCCH-1), for enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 2. Heard the arguments of both sides. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 06.07.2020 and filed a claim petition claiming compensation of Rs.10,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.3,55,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. It is stated that respondent No.1 has already paid a sum of Rs.55,000/-. Therefore, the said amount is deducted. Being aggrieved by the said order, the claimant has preferred this appeal and mainly contended that the petitioner was treated as an inpatient for a period of 4 days, underwent plastic surgery and spent huge medical expenses. The doctor assessed the disability of the right upper limb at 30% and that of the whole body at 10%. It is further stated that the petitioner was working as an office clerk at Champak Enterprises and - 4 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 earning Rs.20,000/- per month. But, the Tribunal has granted meager amounts under other heads. Thus, requested for enhancement of compensation. 4. Since the petitioner was continuing in the same employment, the Tribunal has not granted any amount under the head 'loss of future earning capacity' and it is confirmed. 5. As per Ex.P6 - wound certificate, the petitioner sustained the following injuries: i) Contused abrasion over right fronto-temporal region extending up to the zygoma and right ear. ii) Large contused abrasion over the lateral aspect of the right arm and forearm. iii) Avulsed lacerated wound over the right wrist and thenar aspect extending to the fingers. iv) Abrasion over the lateral aspect of the right patella. - 5 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 v) Multiple abrasions over both feet and left hand. vi) Facial injuries: (a) displaced fracture of nasal bone (b) displaced fracture of left maxilla. vii) Blunt injury to chest with: (a) fracture of right 1st rib (b) fracture of 1st and 3rd ribs on the left side (c) acromioclavicular joint fracture (d) laceration of right lung with contusions. As per the opinion of the doctor, injury Nos.1 to 5 are simple in nature and injury Nos.6(a) and (b) and 7(a) to (d) are grievous in nature. Ex.P8 is the discharge summary. 6. The Tribunal has granted reasonable amounts under other heads. However, considering the nature of injuries, treatment undergone and other relevant factors, this Court finds it reasonable to grant an additional compensation of Rs.75,000/- in addition to the amount already granted by the Tribunal. 7. In the result, the following order is passed: - 6 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 26.09.2023 passed in MVC No.3572/2020, by the Chief Judge, Court of Small Causes and Member, Principal MACT, Bengaluru (SCCH-1), is modified; iii. The claimant is entitled to an additional compensation of Rs.75,000/- along with interest at 6% p.a., from the date of petition till the date of realization, over and above the compensation awarded by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the additional compensation of - 7 - HC-KAR NC: 2026:KHC:20288 MFA No. 2359 of 2024 Rs.75,000/- 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 SHS List No.: 1 Sl No.: 50