- 1 - HC-KAR NC: 2026:KHC:4410 MFA No. 4906 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4906 OF 2017 (MV-I) BETWEEN: SRI. P. VENKATESH S/O LATE VENKATAIAH AGED ABOUT 52 YEARS R/A NO.60, NELLURUPURAM NEAR AYYAPPA TEMPLE NEW THIPPASANDRA POST BENGALURU - 560 096. …APPELLANT (BY SRI. PRADEEP KUMAR J, ADVOCATE) AND: THE MANAGING DIRECTOR THE BMTC, SHANTHINAGARA BUS STAND, BENGALURU - 560 004. …RESPONDENT (BY SRI. D. VIJAYA KUMAR, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.08.2016 PASSED IN MVC NO.1583/2015 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE AND XXVIII ACMM, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4410 MFA No. 4906 of 2017 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments from both the sides. 2. This appeal is filed against the award of the Tribunal in M.V.C.No.1583/2015 dated 27.08.2016. Injured claimant met with an accident on 17.11.2014 and has filed the claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record has granted the compensation of Rs.6,55,304/- with interest at the rate of 6% per annum from date of petition till the date of deposit. 3. Aggrieved by the said award, the appellant- claimant preferred an appeal and mainly contented that the amount of compensation granted by the Tribunal is inadequate and thus requested for enhancement of the compensation. The appellant-claimant has sustained - 3 - HC-KAR NC: 2026:KHC:4410 MFA No. 4906 of 2017 tenderness and swelling of the right leg below knee level, X-ray of right leg showed both bones fracture and degloving injury measuring 30 x 5 cm. extending from the middle third of left leg to the heel, exposing the underlying muscles, heel is avulsed. The appellant-claimant has examined the Doctor as PW.3 and he assessed the disability at 48.40% to both lower limbs and whole body disability at 16%. Tribunal has taken 16%. The Tribunal by taking the petitioner's income as Rs.10,000/- per month and adopting multiplier as '13' had granted an amount of Rs.2,49,600/- towards 'loss of future earning capacity on account of disability' and also granted the amounts under the other heads. PW.3 - Doctor also stated that the claimant requires another surgery and has estimated the cost of it as Rs.50,000/-. The Tribunal has granted Rs.40,000/- which is reasonable and the Tribunal has granted an amount of Rs.2,07,704/- towards 'medical expenses', based on the relevant medical documents as per Ex.P8 and Ex.P9 and it is confirmed. The petitioner - 4 - HC-KAR NC: 2026:KHC:4410 MFA No. 4906 of 2017 was hospitalized for a period of 53 days and the Tribunal has granted an amount of Rs.40,000/- under the head 'loss of income during laid up period' for four months and this Court finds it reasonable. The Tribunal has granted reasonable amounts under the heads of 'pain and suffering' at Rs.60,000/- and towards 'conveyance, nourishment, food, etc.', a sum of Rs.58,000/- is granted. But no amount is granted under the head of 'loss of amenities'. Considering the nature of injuries and period of hospitalization, this Court finds it reasonable to grant an amount of Rs.50,000/- towards 'loss of amenities'. The total compensation comes to Rs.7,05,304/-. The claimant is entitled for enhanced compensation of Rs.50,000/- (Rs.7,05,304 minus Rs.6,55,304) 4. The respondent-Corporation has already deposited the awarded amount before the Tribunal. Therefore, respondent is directed to deposit the enhanced compensation amount of Rs.50,000/- with interest at the - 5 - HC-KAR NC: 2026:KHC:4410 MFA No. 4906 of 2017 rate of 6% p.a. within a period of one month from the date of this order. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA List No.: 2 Sl No.: 39