- 1 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1544 OF 2025 (MV-I) BETWEEN: SRI. B.T. VEERESH S/O BETUR THIMMANNA AGED ABOUT 34 YAERS MANSON WORKER, R/O BOGALARAHATTI VILLAGE, TURVANUR HOBLI, CHITRADURGA TALUK AND DISTRICT - 577 501. …APPELLANT (BY SRI. B.M. SIDDAPPA, ADVOCATE) AND: 1. DR. SANTHOSH PATIL S/O DANAPPA AGED ABOUT 48 YAERS OWNER OF TOYOTA INNOVA CRYSTA CAR BEARING REGISTERED NO. KA 28-P-2188, R/O ASHRAMA ROAD, MALLIKARJUNA NAGARA, BIJAPURA. 2. THE BARNCH MANAGER HDFC GEENRAL INSURANCE COMPANY, NO. 25/1, 2ND FLOOR BUILDING SHANKARANARAYA, M.G. ROAD, BANGALORE - 560 001 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 POLICY NO. 2319100669091500000 VALID ROM 03/11/2020 TO 02/11/2021. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADVOCATE FOR R2; RESPONDENT NO.1 SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.07.2024 PASSED IN MVC NO.666/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 29.07.2024 passed in MVC No.666/2022 on the file of the Prl. Senior Civil Judge and Additional MACT-III, Chitradurga, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 2. Heard the arguments of learned counsel for the appellant and respondent No.2. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that the petitioner/injured claimant met with an accident on 04.07.2021. He had filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.35,000/- with interest at the rate of 6% p.a., from the date of petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the appellant/claimant was aged 31 years, doing Mason work and earning Rs.800/- per day. The amounts granted under the other heads are meager. No amount is granted towards medical expenses and transportation, extra nourishment and attendant charges. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent No.2/Insurance Company submitted that the petitioner/claimant has not examined the doctor. As such, the question of assessing the - 4 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 disability does not arise. Though the petitioner stated that he was working as a Mason and earning Rs.800/- per day i.e., Rs.24,000/- per month (800x30), he has not filed any income proof. He met with an accident in the year 2021. Therefore, this Court finds it reasonable to take the notional income at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured sustained the following injuries, which are grievous in nature: "1. Injuries to his right side head, left knee, multiple abrasion over right and left foot; 2. Injuries to chest and other injuries all over the body." 6. The petitioner/injured was hospitalized for three days, but he has not filed any medical bills. The doctor observed that in Ex.P.3-wound certificate, there is tenderness over anterior aspect of the chest, abrasion over left knee, multiple abrasion over right left foot, abrasion over right side of hand and thus, the injuries are grievous in nature. Considering the same, the Tribunal has granted a sum of Rs.15,000/- - 5 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 towards pain and sufferings and Rs.10,000/- towards loss of amenities and it is confirmed. He is also entitled to a sum of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended to his work for a period of two months. Therefore, this Court finds it reasonable to grant a sum of Rs.30,000/- towards loss of income during the laid-up period. 7. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Pain and suffering 15,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 30,000.00 Loss of amenities 10,000.00 Total 85000.00 - 6 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.85,000/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 29.07.2024 passed in MVC No.666/2022 on the file of the Prl. Senior Civil Judge and Additional MACT-III, Chitradurga, is modified. iii. The claimant is entitled to a sum of Rs.85,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.35,000/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent - 7 - HC-KAR NC: 2026:KHC:3483 MFA No. 1544 of 2025 No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.50,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 28