- 1 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2571 OF 2026 (MV-I) BETWEEN: DILEEP M DILEEP.M S/O MALLESHA AGED ABOUT 33 YEARS R/AT ANKANAHALLI VILLAGE K.R.NAGARA TALUK MYSORE DISTRICT-570 038. …APPELLANT (BY SRI SREENIVASAN M Y, ADVOCATE) AND: 1. RASHIK RASHIK S/O ABDUL AZIZ MAJOR, R/AT PUTIYATIL HOUSE PERIYA 36, PERIYA POST WAYANAD, KERELA - 670 644. 2. UNITED INDIA INSURANCE CO. LTD. R/P BY MANAGER, No.2912 SRI VENKATESHWARA PLAZA 1ST MAIN, SARASWATHIPURAM MYSORE CITY-570 009. …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2 V/O DTD. 16.4.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:21/11/2025 PASSED IN MVC No.395/2023 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 21.11.2025 passed in MVC No.395/2023 by the I Additional Senior Civil Judge and MACT, Srirangapatna. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2/insurer. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 17.02.2023 contending - 3 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 that the accident occurred due to rash and negligent driving of the driver of lorry bearing Regn.No.KL-AE-1645. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of future earning 6,52,800/- 02. Loss of future prospect 2,61,120/- 03. Loss of earnings during laid up period 6,396/- 04. Medical expenses 1,10,020/- 05. Food, nourishment, conveyance and attendant charges 12,000/- 06. Pain, suffering and trauma 20,000/- 07. Loss of comfort, amenities and happiness 25,000/- 08. Future medical expenses 60,000/- Total 11,47,336/- 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. - 4 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 5. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 6. Appellant/claimant is seeking enhancement of compensation under pain and suffering, loss of amenities and loss of income during laid up period. The claimant is not seeking enhancement under other heads. 7. The claimant has sustained fracture of tibia and his avocation is driver. Considering the same, pain and suffering awarded by the Tribunal in a sum of Rs.20,000/- is enhanced to Rs.40,000/- and loss of amenities of Rs.25,000/- is enhanced to Rs.30,000/-. Considering the said fracture and avocation of the claimant, he has to take rest atleast for 3 months. Therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.48,000/-(Rs.16,000 x 3 months). 8. In view of the above, the claimant is entitled to enhanced compensation under three heads as under: - 5 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 20,000/- 02. Loss of amenities 5,000/- 03. Loss of income during laid up period 41,604/- Total 66,604/- 9. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.66,604/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. - 6 - HC-KAR CNR: KAHC010245702026 NC: 2026:KHC:49565 MFA No. 2571 of 2026 iv) Appellant/claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 46 Ct.sm