- 1 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5173 OF 2026 (MV-I) BETWEEN: SRI PUTTARAJU C K S/O KULLALINGETGOESA AGE ABOUT 50 YEARS R/A 27/2, H .GOLLAHLALLI NEAR WATER TANK BENGALURU SOUTH BENGALURU – 560 060. …APPELLANT (BY SRI GURUDEVA PRASAD K T, ADVOCATE) AND: 1. MR NAVEEN KUMAR TALARI S/O RAMANJINEYULU T AGE ABOUT 40 YEARS RESIDING AT No. 3 -66 M KALIPT RODDAM CITY ANANTHAPR DISTRICT ANATNPUR ANDHARA PRADESH – 515 124. 2. THE MANAGER CREDIT THE NATIONAL INSURANCE CO. LTD., T P HUB, No. 144, 2ND FLOOR Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 SUBRAM COMPLEX, M. G ROAD BENGALURU – 560 001. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI C SHANKARA REDDY, ADVOCATE FOR R2 V/O DTD. 21.07.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:25/03/2024 PASSED IN MVC No. 4359/2021 ON THE FILE OF THE XI ADDL. SMALL CAUSES AND ADDL. MACT., BANGALORE., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS 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 25.03.2024 passed in MVC No.4359/2021 by the XI Additional Small Causes Judge, Member, MACT-12, Bengaluru. 2. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 11.09.2021 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 contending that the accident occurred due to rash and negligent driving of the driver of Eicher Motors Goods vehicle bearing Regn.No.AP-02-Y-9758. 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. Pain and suffering 30,000/- 02. Medical expenses 29,859/- 03. Food and nourishment 3900/- 04. Attendant charges 3,900/- 05. Loss of income during laid up period 45,000/- 06. Conveyance charges 5,000/- 07. Loss of income due to disability 4,53,600/- 08. Future medical expenses 20,000/- Total 5,91,259/- 3. 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 4. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 5. The accident occurred on 11.09.2021 and as on the date of accident, the claimant was aged 44 years. Learned counsel for the appellant has not disputed the disability taken and compensation awarded towards loss of future income due to disability, loss of income during laid up period, medical expenses, food and nourishment and attendant and conveyance charges. Learned counsel for the appellant is seeking enhancement only under the heads of pain and suffering, future medical expenses and non-award of loss of amenities. 6. The claimant has sustained the following injuries: • Left proximal tibia • Left medial melleolus 7. Considering the said injuries, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.30,000/- is enhanced to Rs.60,000/-. The Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 Tribunal has not awarded loss of amenities. Considering the said injuries, the claimant is entitled to loss of amenities in a sum of Rs.40,000/-. Considering the evidence of Doctor, the claimant is entitled to future medical expenses of Rs.40,000/- as against Rs.20,000/- awarded by the Tribunal. 8. In view of the above, the claimant is entitled to enhanced compensation as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 30,000/- 02. Loss of amenities 40,000/- 03. Future medical expenses 20,000/- Total 90,000/- 9. Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.90,000/- with interest @ 6% p.a. from the date of petition till realization. Claimant is not entitled to interest for the delay period of 700 days in filing the appeal as per order dated 25.09.2026 passed on I.A.1/2026. Respondent Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010475302026 NC: 2026:KHC:53134 MFA No. 5173 of 2026 No.2/insurer is liable to pay the said enhanced compensation with interest. 10. 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.90,000/- 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. iv) Appellant/claimant is not entitled to interest for the delay period of 700 days in filing the appeal. v) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 15 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA