- 1 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5329/2020 (MV-I) BETWEEN: SRI. MUDLIGIRAIAH .G S/O GOVINDAIAH AGED ABOUT 25 YEARS R/O. SRINIVASA NAGAR S. KODAGIHALLI POST GUBBI TALUK 572213 TUMAKURU DISTRICT. …APPELLANT (BY SRI. HARISH N.R. ADV.,) AND: 1. SRI. SRINIVASA PRABHU S/O K. NARAYANA PRABHU AGED ABOUT 48 YEARS R/O. 674, 12TH MAIN 1ST BLOCK, 3RD STAGE BASAVESHWARANAGAR BENGALURU 560079. 2. THE MANAGER THE NEW INDIA ASSURANCE CO LTD BENGALURU CITY RAJAJINAGAR BRANCH (670303) OFFICE AT NO.65 ESHWARI COMPLEX DR. RAJKUMAR ROAD RAJAJINAGAR, BENGALURU 560021. …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 (BY SRI. C.R. RAVISHANKAR, ADV., FOR R2 R1 SERVICE OF NOTICE D/W V.C.O. DTD:20.10.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2019 PASSED IN MVC NO.537/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT -17, GUBBI, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 09.10.2019 passed in MVC.No.537/2017 by the Senior Civil Judge and Member, Additional MACT-17, Gubbi (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Harish N.R., learned counsel appearing for the appellant, Sri.C.R.Ravishankar, learned - 3 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 counsel for respondent No.2 and meticulously perused the material available on record. 4. The material on record indicates that the injured appellant filed a claim petition seeking compensation of Rs.12,00,000/- with 12% interest per annum on the ground that he met with a road accident on 25.08.2016 and sustained fracture of the femur shaft, medial femoral condyle fracture, and was hospitalized as an inpatient for a period of 14 days and provided treatment. It is claimed that the appellant was employed as a temporary employee at Denso Kirolskar Industries Pvt. Ltd., Nelamangala, Bengaluru, earning a monthly income of Rs.8,000/- to Rs.12,000/-. The Tribunal, considering the said evidence on record, assessed the income at Rs.9,500/-, which is in consonance with the evidence available on record. The medical evidence indicates that the doctor assessed the disability at 30% to a particular limb and the Tribunal, considering the same - 4 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 assessed the whole body disability at 10%, which in my considered view, is just and proper. 5. However, having regard to the nature of injuries sustained by the appellant, the Tribunal erred in not awarding any compensation under the head of loss of amenities and in granting meager compensation under the heads of pain and suffering, food, nourishment, attendant charges and conveyance and future medical expenses. In view of the above, the appellant is entitled to enhanced compensation. Accordingly, an additional sum of Rs.5,000/- is awarded under the head of pain and suffering, an additional sum of Rs.10,000/- is awarded under the head of future medical expenses, a sum of Rs.20,000/- is awarded under the head of food, nourishment, attendant charges and conveyance and Rs.40,000/- is awarded under the head of loss of amenities. The appellant is entitled to the modified compensation as under: - 5 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 Thus, the appellant-claimant shall be entitled to total compensation of Rs.3,75,700/- as against Rs.3,03,500/- awarded by the Tribunal. 6. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.3,75,700/- as against Rs.3,03,500/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 40,000 Loss of amenities 40,000 Medical expenses 12,000 Loss of income during laid-up period 28,500 Loss of future income due to disability 2,05,200 Towards conveyance, attendant charges, food and nourishment 20,000 Future medical expenses 30,000 Total 3,75,700 - 6 - HC-KAR NC: 2026:KHC:20248 M.F.A. No.5329/2020 c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The 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 certified copy of this judgment. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18