- 1 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4515 OF 2017 (MV-I) BETWEEN: SANJEEVA S/O ANANDA AGED ABOUT 46 YEARS, R/AT VENKATESHPURA KALKERE VILLAGE PALYA HOBLI, ALUR TALUK HASSAN DISTRICT - 573 201 SINCE THE APPELLANT IS DUMB REPRESENTED BY HIS WIFE BY NAME SHIVAMMA W/O SANJEEVA AGED ABOUT 42 YEARS. …APPELLANT (BY SRI. KUMAR H N., ADVOCATE) AND: 1. REGIONAL MANAGER TATA AIG GENERAL INS. CO. LTD., 2ND FLOOR, NO. 69, JP & JV JAMBUKESHWARA ARCADE, MILLERS ROAD, BENGALURU - 560 052. 2. RANGASWAMY S/O THIMMEGOWDA AGED ABOUT 45 YERAS, R/AT VALAMBIGE VILLAGE KASABA HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 (BY SRI. RAJENDRA MULKHAND AND SRI. S.V. HEGDE MULKHAND., ADVOCATES FOR R1, V/O DTD: 27.02.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 04.10.2016 PASSED IN MVC NO.542/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 04.10.2016 passed in MVC No.542/2014 on the file of the II Additional District and Sessions Judge and Additional MACT, Hassan, for enhancing the compensation. 2. Heard the arguments for learned counsel for respondent No.1. Learned counsel for appellant remained absent. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 3. The injured claimant met with an accident on 02.11.2013 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal after considering the entire evidence on record granted an amount of Rs.1,95,364/- along with interest at the rate of 6% p.a., from the date of petition till the date of payment. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained grievous injuries. He was admitted in the hospital as an inpatient for 13 days and he spent huge amounts for medical expenses. But the tribunal granted meager amounts under other heads. He was working as Mason and also doing agriculture and earning Rs.15,000/- per month. The doctor stated that he requires another surgery for removal of the implants. But no amount is granted under the head future medical expenses. Therefore, requested for enhancement of the compensation. Though petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year - 4 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 2013, this Court finds that it is just and reasonable to take his notional income as Rs.8,000/- per month, as per the chart preferred by Karnataka State Legal Services Authority. Petitioner was aged 43 years at the time of the accident and the relevant multiplier is ‘14’. Petitioner filed Ex.P2/Wound certificate and Ex.P6/Discharge summaries and also examined PW3 who stated that he was admitted in the hospital for one day. The petitioner sustained following injuries, 1. Sutured wound upper lip and nose 2. Periorbital edema - Bilateral 3. Difficulty mouth opening 4. Deranged occlusion 5. Asymmetry of face 6. Floating maxilla 7. Mid palatal split 8. Frontal bone # with head injury Out of which injuriy No.4 and 8 are grievous in nature and others are simple. PW3 doctor is on oral and maxillofacial surgeon. He is consultant in oral and maxillofacial surgery. 5. In the cross examination PW2 stated that there is no disability. Petitioner was admitted on 02.11.2013 - 5 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 discharged on the same day. Again was admitted on 05.11.2013 and discharged on 15.11.2013 and was admitted as an inpatient for 13 days. Considering the nature of injuries, period of hospitalisation, his occupation and other relevant factors, Tribunal already granted Rs.50,000/- for pain and suffering, Rs.50,000/- for loss of amenities and petitioner is also entitled for Rs.30,000/- towards transportation, extra nourishment and attendant charges. The Tribunal already granted Rs.40,764/- towards medical expenses and Rs.40,000/- towards future medical expenses. The said amounts are confirmed. Petitioner might not have attended any other work at least for period of time one month, therefore, this Court finds it is reasonable to grant an amount of Rs.8,000/- towards loss of income during laid up period. 6. Thus in all, components awarded by this court are as below, - 6 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 Hence, the compensation granted by tribunal is enhanced from Rs.1,95,364/- to Rs.2,18,764/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 50,000 2 Loss of amenities 50,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Loss of income during laid down period 8,000 5 Medical bills 40,764 6 Future medical expenses 40,000 Total 2,18,764 - 7 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 ii. The judgment and award dated 04.10.2016 passed in MVC No.542/2014 on the file of the II Additional District and Sessions Judge and Additional MACT, Hassan, is modified. iii. The claimant is entitled to a sum of Rs.2,18,764/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,95,364/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.23,400/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR CNR: KAHC010328852017 NC: 2026:KHC:39955 MFA No. 4515 of 2017 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 64