- 1 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 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. 2054 OF 2026 (MV-I) BETWEEN: SRI RAJAIAH M N S/O. NAGAIAH AGED ABOUT 54 YEARS OLD R/O: MATTIGATTA VILLAGE KADABA HOBLI, GUBBI TALUQ PRESENTLY R/AT MUSTANDRA VILLAGE, KASABA HOBLI TUMKURU TALUQ – 577 101. …APPELLANT (BY SRI MALLIKARJUN B RYAKHA, ADVOCATE) AND: 1. SRI PUNEETH H K S/O. KALLESH AGED ABOUT 48 YEARS R/AT: IYYANAPALYA, GOLLARAHATTI KIBBANAHALLI HOBLI TIPTUR TALUQ., TUMKURU DISTRICT. 2. THE MANAGING DIRECTOR TATA AIG GEN. INS. CO. LTD., REP. BY ITS GENERAL MANAGER Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 of 2026 MANJUNATH AND YALLAPPA B P REGISTERED OFFICE AT EMPIRE HOTEL 2ND FLOOR, DEVI JAMBUKESHWARS ARCADE No. 69, MILLERS ROAD BENGALURU – 560 052. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 18.03.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:28.10.2025 PASSED IN MVC No.685/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, AND CJM, TUMAKURU, 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 28.10.2025 passed in MVC No.685/2022 by the I Additional Senior Judge and MACT-XI, Tumakuru. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 of 2026 learned counsel for appellant and learned counsel for respondent No.2. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 15.08.2020 contending that the accident occurred due to rash and negligent driving of the driver of Dost LS Goods vehicle bearing Regn.No.KA-41-C-2165. The Tribunal after recording 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. Future loss of income 1,87,920.00 02. Medical expenses 1,71,287.52 03. Pain and suffering 20,000.00 04. Attendant, extra diet and conveyance 10,000.00 Total 3,89,207.52 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 - 4 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 of 2026 interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 6. The date of accident is 15.08.2020 and as on the date of accident, the claimant was aged 58 years. The Tribunal has rightly taken the notional income of the claimant at Rs.14,500/-. The appellant/claimant is seeking enhancement only under the head ‘pain and suffering’, non-awarding of compensation under the heads ‘loss of amenities’ and ‘loss of income during laid up period’. The claimant has sustained segmental fracture of right femur and fracture of right tibial condyle. Considering the said two fractures suffered by the claimant, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.20,000/- is enhanced to Rs.60,000/-. The claimant is awarded Rs.40,000/- towards loss of amenities. Considering the injuries sustained, the claimant - 5 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 of 2026 whose avocation was Mason, has to take rest atleast for a period of three months and therefore, loss of income during laid up period would be Rs.43,500/- (Rs.14,500 x 3 months). 7. Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.1,23,500/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 8. 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.1,23,500/- 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 - 6 - HC-KAR CNR: KAHC010195962026 NC: 2026:KHC:49564 MFA No. 2054 of 2026 the Tribunal within a period of six weeks from this day. iv) Appellant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 44 Ct.sm