- 1 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1252 OF 2015 (MV-I) BETWEEN: SRI. S. RAGHAVENDRA SON OF LATE SEETHARAM AGED ABOUT 33 YEARS RESIDENT OF NO.202/2, SEETHARAM COMPOUND, OLD S B M ROAD, KAVAL BYRASANDRA, BANGALORE-560 032. …APPELLANT (BY SRI. MAHADEVA K N., ADVOCATE(ABSENT)) AND: 1. THE NATIONAL INSURANCE CO. LTD. BANGALORE DIVISION, NEAR MADURA COATS, M G ROAD, BANGALORE, REPRESENTED BY REGIONAL MANAGER (INSURER OF THE MARUTHI ALTO BEARING REGN.NO.KA-14-M-5975) 2. SRI MANJAPPA S SON OF LATE S ESWARAPPA, NOP.26/11, 3RD CROSS, SARASWATHIPURA, NANDINILAYOUT, BANGALORE-560 096. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 (BY SRI. M ARUN PONAPPA., ADVOCATE FOR R1, SRI. B.S. PRASAD, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.10.2014 PASSED IN MVC NO.5341/2012 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSE JUDG, MACT, MEMBER, BANGALORE, 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 18.10.2014 passed in MVC No.5341/2012 on the file of the XX Additional Small Cause Judge, MACT, MEMBER, Bangalore, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the respondents. Learned counsel for appellant remained absent. As it is a matter of 2015, this Court intended to proceed with the dictation. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 3. Injured claimant met with an accident on 28.05.2012 and filed claim petition claiming compensation of Rs.12,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.75,000/- along with interest at the rate of 6% p.a., from the date of petition till realization of the amount. 4. Aggrieved by the said order he preferred an appeal and contended that the PW2 stated that petitioner has spent Rs.50,000/- for removal of the implants, but the tribunal granted meager amount and no amount granted under other heads. Therefore, requested for enhancement of the compensation. 5. It is stated that he was working as lecturer in Doddanna Vidya Samsthe, Bangalore and earning Rs.17,080/- per month and he was also working as a lecturer in Seshadripuram Evening Pre-university college and earning a salary of Rs.17,641/- per month. He filed the Exs.P11 and P12 salary certificates, but he has not examined the employer to prove the same. It is further stated that the petitioner after the accident joined in a Government College and continued the - 4 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 employment. As such, it cannot be said that there is any loss of income due to the injuries sustained in the accident. 6. The Tribunal considering the facts and relevant documents, granted global compensation of Rs.75,000/-. As per the wound certificate filed under Ex.P8, he sustained fracture of both bones of right leg and contusion over right shoulder and further stated that both injuries are grievous in nature. He also examined doctor as PW2 and he stated that petitioner has undergone operation and internal fixation of fracture by close K nail was done under anesthesia. He was an inpatient for 4 days. He continued physiotherapy and was advised to follow treatment. As per the X-ray, he cannot sit and stand and do his job and is suffering severe pain. He is also limping and as per the recent X-ray, bones are united properly. There is no malunion, no shortening of leg and he is limping. It is stated that he requires another surgery for removal of the internal fixation of the plates and rods of the right leg and he had to spend Rs.50,000/-. It was suggested in the cross- examination that he falsely stated about the cost of expenditure for future payment towards medical expenditure - 5 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 but he denied. Even in the affidavit, there was correction regarding of future medical expenses, therefore considering the nature of injuries, period of hospitalisation and other relevant factors, this court finds that it is just and reasonable to grant Rs.30,000/- towards pain and suffering, Rs.20,000/- for loss of amenities, Rs.30,000/- towards attendant charges, extra nourishment and transportation charges. He has not filed any documents to show his medical expenses. But as he sustained one grievous injury, this court finds it is reasonable to grant Rs.10,000/- for the medical expenses. 7. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 30,000 2 Loss of amenities 20,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Medical expenses 10,000 Total 90,000 - 6 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 Hence, the compensation granted by tribunal is enhanced from Rs.75,000/- to Rs.90,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 18.10.2014 passed in MVC No.5341/2012 on the file of the XX Additional Small Cause Judge, MACT, MEMBER, Bangalore, is modified. iii. The claimants is entitled to a sum of Rs.90,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.75,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, - 7 - HC-KAR CNR: KAHC010166302015 NC: 2026:KHC:44521 MFA No. 1252 of 2015 respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.15,000/- along with the interest at the rate of 6% within one month from the date of this order. 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.: 18