- 1 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 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.5084 OF 2022(MV-I) BETWEEN: ANIL T. M., S/O T L MURALIDHAR, AGED ABOUT 33 YEARS, NANDGOKULA NILAYA, S L N KALYANAMANTAPA ROAD, HANUMATHAPURA-572 107. TUMAKURU. &APPELLANT (BY SRI. MANOJ B.M., ADVOCATE FOR SRI.THRIMURTHY K. P.,ADVOCATE) AND: 1. SAREENA ARATA MANZIL P.O.G.A. COLLEGE CALICUT, KOZHIKODE, KERALA-673014. Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 2. ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., (REPRESENTED BY ITS BRANCH MANAGER TUMAKURU) ZENITH HOUSE, KESHAVARAO KHADE MARGE, MAHALAXMI, MUMBAI-400034. &RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; R1-SERVED- UNREPRESENTED) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.04.2019 PASSED IN MVC NO.1502/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 ORAL JUDGMENT Heard Sri.Manoj.B.M learned counsel who represents Sri.Thrimurthy.K.P learned counsel on record for the appellant as well as Sri.B.C.Shivanne Gowda learned counsel for respondent No.2. 2. This appeal is the outcome of the award that is passed by the Motor Accident Claims Tribunal, Tumakuru in MVC No.1502/2014 dated 04.04.2019. This is a claimant's appeal. As against the claim for Rs.20,00,000/- in total, the Tribunal through the impugned order granted a sum of Rs.1,98,500/- as compensation. 3. Arguing the matter, learned counsel for the appellant submits that the appellant sustained grievous injury to his nasal bone and underwent a surgery. The appellant was a sports person and received gold medal as a volleyball player. Due to the injury sustained, he could not continue his athletic activities. But without taking into consideration these facts, the Tribunal awarded meagre - 4 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 sum as compensation and therefore, the present appeal is filed. 4. On the other hand, learned counsel for respondent No.2 submits that the Tribunal apart from granting Rs.75,000/- towards pain and suffering, granted a sum of Rs.1,00,000/- towards mental agony and discomfort and therefore, the compensation granted by the Tribunal is highly justifiable. 5. It is not in dispute that the appellant sustained fracture to his nasal bone and underwent two surgeries by getting admitted into hospital on two different occasions. The Tribunal having observed the admission of the appellant when he got examined himself as PW1 during the course of cross-examination that his medical expenditure was paid by HDFC Bank in which he was working, failed to award any compensation for the treatment that went on. Likewise, having observed the admission of PW1 that as on the date of accident he was - 5 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 working at HDFC Bank and was drawing Rs.18,500/- per month as salary and as on the date of giving evidence, he is working at Kotak Mahindra Bank as Branch Manager and is drawing salary of Rs.62,000/- per month, did not award any compensation towards loss of future earnings. However, there is no denial of the fact that the appellant was an athlete and he received several awards as volleyball player. Admittedly, with the nature of injury sustained, the appellant may not be in a position to perform as an athlete as before. Though the tribunal granted justifiable sum as compensation under all heads, however, as the appellant lost his career as an athlete, this Court is of the view that a sum of Rs.50,000/- is required to be awarded as compensation due to the loss thereby sustained as an athlete. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. - 6 - HC-KAR NC: 2026:KHC:1859 MFA No. 5084 of 2022 (ii) The compensation that is granted by the Motor Accident Claims Tribunal, Tumakuru, through orders in MVC No.1502/2014 dated 04.04.2019 is enhanced by Rs.50,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit except for the period of delay of 392 days as per orders in I.A.No.1/2022. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of eight weeks from the date of receipt of certified copy of the judgment. (v) On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:TSM List No.: 1 Sl No.: 25