- 1 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7176 OF 2014 (MV-I) BETWEEN: S. SUNDARA S/O LATE SHAMBU, AGE 44 YEARS, OCC: FIELD OFFICER IN TATA COFFEE LIMITED, HUKKUNDA, THIRUMAL DIVISION, MYLIMANE ESTATE, JAGA VILLAGE, JAGARA HOBLI, CHICKMAGALUR TALUK & DISTRICT-577101 …APPELLANT (BY SRI. S V PRAKASH., ADVOCATE) AND: 1. K.S.RAJU S/O K SANNEGOWDA, AGE 34 YEARS, OCC: PWD CONTRACTOR, R/O CHURCH ROAD, CHICKMAGALUR CITY-577101. 2. M/S UNIVERSAL SOMPO GENERAL INSURNACE COMPANY LIMITED, BANGALORE BRANCH OFFICE REPRESENTED BY ITS BRNACH MANAGER-560 001. Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 3. RELIANCE GENERAL INSURANCE 1ST FLOOR, KRUTHIKA ARCADE, MPLSA S.NO.329, 331, NEAR N.R CIRCLE, N.R.PURA, HASSAN-573 201. …RESPONDENTS (BY SRI. H S LINGARAJ., ADVOCATE FOR R3, SRI. B. PRADEEP, ADVOCATE FOR R2, R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 10.03.2014 PASSED IN MVC NO.447/2010 ON THE FILE OF THE PRINCIPAL DISTRICT JUDGE, MEMBER, MACT, CHICKMAGALUR, 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 10.03.2014 passed in MVC No.447/2010 on the file of the Principal District Judge, Member, MACT, Chickmagalur, for enhancing the compensation. - 3 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 02.01.2010 and filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.1,87,300/- along with interest at the rate of 6% p.a., from the date of petition till realization. 4. Aggrieved by the said order, he preferred this appeal and mainly contended that the appellant was working as a field officer in Tata Coffee Ltd., and drawing a salary of Rs.12,000/- per month. But at the time of treatment he could not work in the office and sustained loss of salary. The Tribunal granted meager compensation. He spent Rs.96,447/- towards medical treatment. Tribunal - 4 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 granted meager amounts under the other heads. It is further stated that in spite of medical evidence, future medical expenses was not granted to him and thus requested for enhancement of the compensation. 5. Heard the arguments of both sides. 6. Petitioner stated that he was working as a field officer in Tata Coffee Ltd., and earning Rs.12,000/- per month and also filed Ex.P14, 6 pay slips and certificate issued by the employer under Ex.P13. He was getting a gross income of Rs.10,000/- and net income of Rs.6,168/- per month after the deductions. He was aged 40 years. He filed Ex.P3/wound certificate, P6/discharge summary and P8/treatment certificate issued by Tejaswini Hospital, apart from other medical records and also examined doctor as CW1/doctor. So the doctor stated that the petitioner sustained posterior dislocation of right hip with acetabular wall fracture with sciatic nerve injury, Type II - 5 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 compound fracture of right tibia. He underwent operative procedure in form of tibia nailing and acetabular wall reconstruction. He was operated on right side and discharged and was assessed with permanent disability of which amounts to 20% to the right lower limb. He further stated that he requires two more surgeries and estimated the cost of the same as Rs.30,000/- as per Ex.P8. 7. Admittedly petitioner was working in a private company and he continued in the said company, even after accident. Therefore, no amount can be granted under the head loss of future earning capacity. In the treatment certificate, it is mentioned that the petitioner was on regular follow up and it is stated that he has right sciatic nerve palsy with inability to bend the knee and move the ankle and is on physiotherapy and bracing. 8. Considering the nature of injuries, period of hospitalisation and the disability assessed by the doctor - 6 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- per transportation, extra nourishment and attendant charges. Petitioner was already granted an amount of Rs.96,447/- towards medical bills as per Ex.p12 and the said amount is confirmed It was held by the Tribunal that he might not have attended any other work at least for a period of 5 months, as per Ex.P13. Therefore, Rs.50,000/- is to be granted under the head loss of income during laid up period. The doctor further stated that he requires 2 more surgeries and the estimated cost of the same is Rs.30,000. Therefore, Rs.30,000/- is granted towards future medical expenses. - 7 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 9. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,87,300/- to Rs.2,81,447/- along with interest at the rate of 6% p.a. 10. 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 25,000 3 Transportation, extra nourishment and attendant charges. 30,000 4 Loss of income during laid up period 50,000 5 Medical bill 96,447 6 Future medical expenses 30,000 7 Total 2,81,447 - 8 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 ii. The judgment and award dated 10.03.2014 passed in MVC No.447/2010 on the file of the Principal District Judge, Member, MACT, Chickmagalur, is modified. iii. The claimant is entitled to a sum of Rs.2,81,447/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,87,300/- 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.94,147/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR CNR: KAHC010409562014 NC: 2026:KHC:46562 MFA No. 7176 of 2014 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.: 51