- 1 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 4742 OF 2025 (MV-I) BETWEEN: RAVIKUMAR T.L. S/O LAKSHMINARAYANA RAO, AGED ABOUT 38 YEARS, RESIDING AT RANGAPPA COMPOUND, BALAJI RAO STREET, AGRAHRA, TUMAKUR. NOW RESIDING AT NO.51, SHIVASMARANE, 9TH BLOCK, 3RD MAIN, HANUMAGIRI, LAYOUT, NAGARBHAVI 2ND STAGE, BANGALORE - 560 070. …APPELLANT (BY SRI. SANDYA RANI S., ADVOCATE) AND: 1. LAKSHMI W/O GOLAKRISHNA, NO.19, 15TH CROSS, VIDYAPEETHA CIRCLE, BSK 1ST STAGE, BANGALORE - 560 050. 2. ORIENTAL INSURANCE COMPANY LTD. REGIONAL OFFICE NO.44/45, LEO SHOPPING COMPLEX, Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 RESIDENCY ROAD, BENGALURU - 560 025. …RESPONDENTS (BY SRI. H.C. VRUSHABHENDRAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 17.03.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.01.2025 PASSED IN MVC NO.2151/2020 ON THE FILE OF THE X ADDITIONAL COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16) 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 claimant seeking enhancement of compensation awarded in the Judgment and Award dated 10.01.2025 passed in MVC No.2151/2020 by X Additional Court of Small Causes and Member, MACT, Bengaluru (SCCH-16). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 31.12.2019 contending that the accident occurred due to rash and negligent driving by the driver of Tempo Traveller bearing registration No.KA-05-AD-8289. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future income Rs. NIL 2. Medical expenses Rs. 2,66,671/- 3. Pain and sufferings Rs. 40,000/- 4. Attendant charges Rs. 8,000/- 5. Food and nourishment Rs. 6,400/- 6. Conveyance expenses Rs. 4,000/- 7. Loss of income during treatment period Rs. NIL 8. Loss of amenities Rs. 20,000/- 9. Future medical expenses Rs. NIL Total Rs. 3,45,071/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant seeking enhancement of compensation awarded under the heads of pain and sufferings, loss of amenities and loss of income during laid up period. 8. The claimant has sustained the following injuries: a) Severe head injury-Diffuse Axonal Injury b) Right LMN Facial Nerve Palsy c) Right Great Toe IP joint Dislocation 9. Considering the said injuries, the compensation awarded towards pain and sufferings in a sum of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 Rs.40,000/- is enhanced to Rs.80,000/- and loss of amenities awarded in a sum of Rs.20,000/- is enhanced to Rs.70,000/-. 10. Considering the said injuries, the claimant has to take rest atleast for two (02) months and therefore the claimant is entitled to loss of income during laid up period in a sum of Rs.28,000/- (Rs.14,000/- x 02 months). 11. Considering all the above aspects, the claimant is entitled to enhanced compensation under the following heads: Sl. No. Particulars Amount 1. Pain and sufferings Rs. 40,000/- 2. Loss of amenities Rs. 50,000/- 3. Loss of income during laid up period Rs. 28,000/- Total Rs. 1,18,000/- 12. The claimant is entitled to enhanced compensation of Rs.1,18,000/- with interest at the rate of 6% per annum from the date of petition till realisation. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010412842025 NC: 2026:KHC:54153 MFA No. 4742 of 2025 13. Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest. 14. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,18,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 2 Sl No.: 31 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA