- 1 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 689 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1254 OF 2021 (MV-I) IN MFA No. 689/2021 BETWEEN: 1. MR UMMER FAROOQ @ UMMER FAROOQ S/O HASSAINAR, AGED ABOUT 43 YEARS, R.O NEHRUNAGARA HOUSE, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574220. …APPELLANT (BY SRI. RAJARAMA S.,ADVOCATE) AND: 1. SRI MOHAMMED SHARIFF S/O LATE ABDUL KHADAR, AGED 48 YEARS, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 R.AT KASTURI GENERAL STORES, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574220. 2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LIMITED REGD. CORPORATE OFFICE, UNIT 401, 4TH FLOOR, SANGAMA COMPLEX, 127, ANDHERI KURLA ROAD, ANDHERI (EAST), MUMBAI-400059. 3. M/S VRL LOGISTIC LIMITED REP BY THE MANAGING DIRECTOR, GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD, HUBLI DISTRICT-560028. 4. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE, CITY B.R.-II, RAM BHAVAN COMPLEX, III FLOOR, MANGALORE, DAKSHINA KANNADA DISTRICT-575001. …RESPONDENTS (BY SRI S RAJASHEKAR, ADVOCATE FOR R.1 SRI PRADEEP B , ADVOCATE FOR R.2 SRI ARAVIND M. NEGLUR, ADV FOR R.3 SRI JANARDHAN REDDY, ADV. FOR R.4) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 03.02.2020, PASSED IN MVC NO.1353/2016, ON THE FILE OF THE V-ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT-XI, D.K., MANGALURU, SITTING AT PUTTUR, D.K., PARTLY - 3 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1254/2021 BETWEEN: 1. SRI DEVAPPA GOWDA S/O SHIVAPPA GOWDA, AGED 41 YEARS, R/O MARPU HOUSE, KOILA VILLAGE AND POST, BANTWALA TALUK, D.K. DISTRICT, NO. R.AT. KABAKA OF KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574220. APPELLANT.. (BY SRI RAJARAMA S., ADVOCATE) AND: 1. SRI MOHAMMED SHARIFF S/O LATE ABDUL KHADAR, AGED 51 YEARS, R.AT. KASTURI GENERAL STORES, KABAKA VILLAGE, PUTTUR TALUK, DAKSHINA KANNADA DISTRICT-574220. 2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., REGD. CORPORATE OFFICE, UNIT 401, 4TH FLOOR, SANGAMA COMPLEX, 127, ANDHERI KURLA ROAD, - 4 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 ANDHERI (EAST), MUMBAI-400059. 3. M/S VRL LOGISTIC LIMITED THE MANAGING DIRECTOR, M/S VRL LOGISTIC LIMITED, GIRIRAJ ANNEXE, CIRCUIT HOUSE ROAD, HUBLI DISTRICT-560028. 4. THE NEW INDIA ASSURANCE COMPANY LTD., BRANCH OFFICE CITY B.R.-II, RAM BHAVAN COMPLEX, III FLOOR, MANGALORE, DAKSHINA KANNADA DISTRICT-575001. ...RESPONDENTS (BY SRI. RAJASHEKAR, ADV. FOR R.1 SRI B.PRADEEP, ADV. FOR R.2 SRI ARAVIND M.NEGLUR, ADV. FOR R.3 SRI JANARDHAN REDDY, ADV. FOR THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.02.2020 PASSED IN MVC NO.1179/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT-XI, D.K. MANGALURU, SITTING AT PUTTUR, D.K, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE C.M. POONACHA - 5 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) These two appeals have been filed against the award dated 03.02.2020 passed in MVC No.1353/2016 C/W 1179/2017. The Tribunal after considering the disability suffered due to the accident has awarded the compensation on the following heads to the two appellants as under: Sl. No. Heads MVC NO.1179/2017 In Rs. MVC NO.1353/2016 In Rs. 1. Pain and suffering 23,000/- 1,00,000/- 2. Medical expenses 1,10,053/- 3,81,648/- 3. Loss of income during laid up period 24,000/- 36,000/- 4. Special diet, nutrition and attendant’s charges 10,000/- 11,200/- 5. Travelling expenses 11,300/- 14,000/- 6. Loss of future income 1,72,800/- 3,24,000/- 7. Future Medical expenses 25,000/- 50,000/- 8. Discomfort and loss of amenities of life 11,000/- 10,000/- Total 3,87,153/- 9,26,848/- - 6 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 2. Sri S.Rajarama, learned counsel for the appellant fairly submits that except for the compensation in respect of the head discomfort and loss of amenities of life, compensation in respect of the other heads have been fairly and correctly awarded by the Tribunal. 3. We have considered the submissions of the parties and we are of the opinion that the compensation in respect of the head ‘discomfort and loss of amenities’ requires some enhancement. We therefore grant further compensation of Rs.25,000/- to each of the appellants in respect of the head discomfort and loss of amenities. Thus the total compensation payable to the two appellants shall be as under: Sl. No. Heads MFA NO.1254/2021 In Rs. MVC NO.689/2021 In Rs. 1. Pain and suffering 23,000/- 1,00,000/- 2. Medical expenses 1,10,053/- 3,81,648/- 3. Loss of income during laid up period 24,000/- 36,000/- 4. Special diet, nutrition and attendant’s charges 10,000/- 11,200/- - 7 - HC-KAR NC: 2026:KHC:5496-DB MFA No. 689 of 2021 C/W MFA No. 1254 of 2021 5. Travelling expenses 11,300/- 14,000/- 6. Loss of future income 1,72,800/- 3,24,000/- 7. Future Medical expenses 25,000/- 50,000/- 8. Discomfort and loss of amenities of life 36,000/- 35,000/- Total 4,12,153/- 9,51,848/- 4. MFA Nos.689/2021 and 1254/2021 are partly allowed and the appellants are entitled to enhanced compensation of Rs.9,51,848/- and Rs.4,12,153/- respectively. The impugned awards are modified accordingly. The enhanced compensation will carry interest at the rate of 6% p.a. from the date of filing of the claim petition till date of deposit by the respondents. SD/- (D K SINGH) JUDGE SD/- (C.M. POONACHA) JUDGE AKC List No.: 1 Sl No.: 15