- 1 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.1689 OF 2023(MV-I) BETWEEN: ABIDA MOD USMAN SHEIK W/O SHEIK MOD, USMAN, NOW AGED ABOUT 36 YEARS, R/AT NO.52, NEAR GRAMAPANCHAYATH OFFICE, T. BEGUR, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. &APPELLANT (BY SRI. RANGEGOWDA N. R., ADVOCATE) AND: 1. SHANTHARAJU, S/O LATE DASAPPA, AGED MAJOR, R/AT NO.25, 3RD CROSS, 1ST BLOCK, EAST BYRASANDA JAYANAGAR, BANGALORE-560 011. 2. THE MANAGER, THE IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 SRISHANTHI TOWER, CUSTOMER SERVICE CENTER, 5TH FLOOR, NGEF LAYOUT, KASTURINAGAR, BANGALORE-560 001. &RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADVOCATE FOR R2; V/O. DATED 20.11.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S. 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DATED 08.02.2023 PASSED IN MVC NO.1437/2021 ON THE FILE OF THE III ADDITIONAL JUDGE AND MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), 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 DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 ORAL JUDGMENT Heard Sri.Rangegowda.N.R, learned counsel for the appellant as well as Sri.C.Shankar Reddy, learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.1437/2021 dated 08.02.2023, the claimant therein preferred the present appeal. 3. Making his submission with regard to the merits of the matter, learned counsel for the appellant contends that the appellant sustained two grievous injuries. One to the brain and another to the left wrist. The evidence of Pw.2 is that the appellant suffers with disability of 11% in respect of whole body. However, the Tribunal took the disability in respect of whole body as 8% which is unjustifiable. Learned counsel further submits that the - 4 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 Tribunal granted a sum of Rs.15,000/- only towards loss of income during laid up period and apart from that the compensation that is granted towards attendant, nourishment and conveyance charges is also on lower side. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand, learned counsel for respondent No.2 states that Pw.2 assessed the disability in respect of left wrist joint only but not in respect of head injury and the same was accepted by Pw.2 during the course of cross-examination. Learned counsel submits that the compensation that is granted by the Tribunal under all heads is highly justifiable. 5. At paragraph No.31 of the impugned order the Tribunal observing the fact that Pw.2 himself stated during the course of cross-examination that he has not expressed any opinion with regard to the head injury, has rightly took the disability in respect of whole body as 8%. Thus - 5 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 the compensation granted towards loss of future earnings i.e., Rs.2,30,400/- is highly justifiable. However, undisputedly the appellant sustained a head injury and also a grievous injury to the left wrist. Therefore, it can be safely inferred that the appellant might have taken bed rest at least for a period of 3 months. But the Tribunal granted a sum of Rs.15,000/- only towards loss of income during laid up period which as rightly submitted by learned counsel for the appellant is on lower side. Taking into consideration the totality of facts and circumstances of the case and the compensation that is granted by the Tribunal under each head, this Court is of the view that the appellant can be granted an additional sum of Rs.40,000/- so that the compensation which the appellant receives in total will be justifiable. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. - 6 - HC-KAR NC: 2026:KHC:2031 MFA No. 1689 of 2023 (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.1437/2021 dated 08.02.2023 is enhanced by Rs.40,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of the judgment. (v) On such deposit, the appellant is entitled to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 55