- 1 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5009 OF 2025 (MV-I) BETWEEN: THRINETRA S/O ESWARAPPE AGED ABOUT 34 YEARS R/AT DOOR No. 119 HBN COLONY, YG PAILL AMARAPURA (M) HEMAVATHI ANANTHPUR DISTRICT. A P STATE – 510 051. …APPELLANT (BY SRI. SHEKARAPPA, ADVOCATE) AND: 1. SHASHIKALA W/O SRINIVAS R/AT No. 365, JANATHA COLONY MADANAYAKANAHALLI BENGALURU – 562 123. 2. ICICI LOMBARD MOTOR INSURANCE AND GENERAL INSURANCE CO. LTD., KRISHNA ARCADE, 2ND FLOOR Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 2ND CROSS, M G ROAD TUMAKURU – 572 101. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B C SHIVANNE GOWDA, ADVOCATE FOR R2 V/O DTD. 22.09.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:30.01.2025 PASSED IN MVC No.972/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, SIRA, 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 30.01.2025 passed in MVC No.972/2020 by the Senior Civil Judge and AMACT, Sira. 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 01.08.2020 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-04- JJ-4000. 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. Towards medical expenses 32,451/- 02. Towards loss of income during laid up period 87,000/- 03. Towards loss of future income - 04. Towards pain and suffering 50,000/- 05. Towards future medical expenses - 06. Towards food, nourishment, attendance charges and conveyance towards loss of future income 20,000/- Total 1,89,451/- 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 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 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 claimant has sustained the following injuries as per Ex.P7 – wound certificate: • Fracture of both bones left leg • Fracture of left metatarsal bone • Fracture of 3rd left toe with crush injury • 6 cms x 5 cms of cut lacerated wound over left side of forehead • 3 cms x 2 cms contusion over left fore arm on dorsal aspect. 7. Out of the said injuries, injuries No.1 to 3 are grievous injuries and injury No.1 contains two fractures. Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.50,000/- is enhanced to Rs.1,50,000/-. The Tribunal has not awarded loss of amenities. Considering the said injuries, the claimant is entitled to loss of amenities in a Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 sum of Rs.80,000/-. Considering the injuries, the Tribunal has rightly awarded loss of income during laid up period in a sum of Rs.87,000/- and attendant and conveyance charges etc., in a sum of Rs.20,000/-. Ex.P11 contains medical bills. The total medical expenses as per the said Ex.P11 is Rs.67,451/- and the Tribunal has awarded only Rs.32,451/-. Therefore, the claimant is entitled to medical expenses of Rs.67,451/-. 8. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 1,50,000/- 02. Loss of amenities 80,000/- 03. Loss of income during laid up period 87,000/- 04. Attendant and conveyance charges 20,000/- 05. Medical expenses 67,451/- Total 4,04,451/- 9. Considering the above aspects, the claimant is entitled to total compensation of Rs.4,04,451/- as against Rs.1,89,451/- awarded by the Tribunal with interest. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 Consequently, the claimant is entitled to enhanced compensation of Rs.2,15,000/- 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. 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.2,15,000/- 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010438332025 NC: 2026:KHC:54439 MFA No. 5009 of 2025 iv) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 33 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA