- 1 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.303 OF 2023 (MV-I) BETWEEN: THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD. 30, BHARATH BUILDING P.M. RAO ROAD, MANGALURU THROUGH ITS REGIONAL OFFICE NATIONAL INSURANCE COMPANY LTD. MOTOR CLAIMS HUB NO.144, SUBHARAM COMPLEX M.G. ROAD, BENGALURU-560 001 REP. BY ITS MANAGER SMT. C. K. PARIMALA …APPELLANT (BY SRI BHUVAN B. M., ADVOCATE FOR; SRI SEETHA RAMA RAO B. C., ADVOCATE AND SRI ANUP SEETHARAM RAO, ADVOCATE) AND: 1. SRI ANANDA KUMAR K. AGED ABOUT 47 YEARS S/O. SRI CHENNUR DEVADIGA R/AT NO.2-66/1 'SRI DEVI KIRAN NIVAS' DEVANAGUDDE, BAJAVU KUTHETHOOR, KATIPALLA MANGALURU-575 030 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 2. MR. S. RAHAMATHULLA AGED ABOUT 58 YEARS S/O. LATE S. ARABI R/AT 402, ESSEL STAR OPP. SYNDICATE BANK JAYASHREE GATE BIKARNAKATTE, KULSHEKAR MANGALURU-575 003 (OWNER OF CAR NO.KA-MG-4299) …RESPONDENTS (BY SRI SANDESH SHETTY T., ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2022 PASSED IN MVC NO.799/2020 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, MACT-IV, D. K. MANGALURU, AWARDING COMPENSATION OF RS.9,64,225/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF DEPOSIT. THIS APPEAL, COMING ON FOR DICTATING JUDGMENT, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 ORAL JUDGMENT Challenge in this appeal is the order that is rendered by the Motor Accident Claims Tribunal-IV, D.K. Mangaluru, in MVC No.799/2020 dated 15.11.2022. 2. The matter was heard on appellant's side on 07.01.2026. Though sufficient time was granted to respondent No.1 to make his submission, respondent No.1 has not chosen to do so. 3. Respondent No.1 filed a petition claiming compensation on the ground that he sustained injuries in a road traffic accident that occurred in the year 2022. The tribunal, subjecting the evidence of PWs.1 and 2, Exs.P11 to P14 to scrutiny came to a conclusion that respondent No.1 is entitled to a sum of Rs.9,64,225/- as compensation. Projecting that the sum thus awarded is exorbitant, the appellant is before this Court. 4. Learned counsel for the appellant submitted that the appellant sustained only one grievous injury and he took treatment for the said injury. Respondent No.1 continued his job even after the date of accident and thus there is no loss in - 4 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 earnings whatsoever. However, the tribunal granted a sum of Rs.3,78,000/- towards loss of earnings due to disability. Learned counsel further submitted that the tribunal awarded a sum of Rs.1,00,000/- towards pain and suffering, Rs.2,00,000/- towards loss of amenities, Rs.90,000/- towards loss of income during laid up period, Rs.50,000/- towards attendant, food, nourishment and conveyance charges and Rs.50,000/- towards future medical expenses. Learned counsel contended that the amount fixed and awarded under those heads is highly exorbitant. Learned counsel also stated that respondent No.1 during the course of cross-examination when he examined himself as PW1 clearly stated that he is working in the same organization in which he was working prior to the date of accident and he is getting salary. That itself goes to show that there is no loss in earnings. Learned counsel thereby seeks to allow the appeal. 5. By the evidence produced, respondent No.1 established that he sustained comminuted proximal humerus fracture and also abrasion over face. At para 12 of the impugned order the tribunal clearly made a mention that PW1 in the cross-examination stated that till 03.06.2020 an amount - 5 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 of Rs.20,000/- has been credited to his account as salary and that from July 2020 till the date of giving evidence, Mayya Electronics paid Rs.20,000/- as salary. Thus, as rightly submitted by learned counsel for the appellant there is no loss of earnings as such due to disability. However, as the appellant suffers with permanent partial disability to an extent of 24% in respect of his right hand, this Court is of the view that he will not be in a position to perform his duties as effectively as before. Thus, this Court is of the view that the compensation awarded towards loss of amenities and discomfort in future life i.e. Rs.2,00,000/- is justifiable. 6. Having considered the nature of injury sustained, this Court is of the view that, Rs.1,00,000/- awarded under the head pain and suffering as rightly submitted by learned counsel for the appellant is exorbitant. This Court is of the view that respondent No.1 is entitled to a sum of Rs.50,000/- under the head pain and suffering. Thus, the amount that is awarded in excess under the head pain and suffering is Rs.50,000/-. 7. Also as earlier discussed, respondent No.1 is not entitled for any compensation towards loss of future earnings. - 6 - HC-KAR NC: 2026:KHC:4608 MFA No. 303 of 2023 But, the tribunal awarded a sum of Rs.3,78,000/- under the said head. Therefore, the compensation that is awarded in excess by the tribunal is Rs.4,28,000/- (Rs.3,78,000 + Rs.50,000/-). Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal-IV, D.K. Mangaluru, through orders in MVC No.799/2020 dated 15.11.2022 is reduced by Rs.4,28,000/-. iii) Amount, if any in deposit be transmitted to the concerned tribunal. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP CT:VC List No.: 1 Sl No.: 29