- 1 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6882 OF 2015(MV-I) BETWEEN: SRI. RAMAMURTHY S/O P. VADIVELU AGED ABOUT 46 YEARS R/AT SAROJAMMA BUILDING RAMANJENEYA ROAD SARAKKI VILLAGE BANGALORE - 560 078. …APPELLANT (BY SRI. RANJAN KUMAR K., ADVOCATE) AND: 1. SRI. NAGARAJU H. S/O HONNAPPA G.T. AGED ABOUT 60 YEARS R/AT NO.190, GROUND FLOOR TAVAREKERE MAIN ROAD BTM, 1st STAGE, BANGALORE - 560 029. 2. THE MANAGER BHARATHI AXA GENERAL INSURANCE COMPANY LIMITED FIRST FLOOR, THE FERNS ICON SURVEY NO.28 NEXT TO AKME BALLET DODDANEKUNDI Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 OFF:OUTER RING ROAD BANGALORE - 560 037. …RESPONDENTS (BY SRI H. LOKESH, ADVOCATE FOR R1 (ABSENT); SRI B. PRADEEP FOR R2, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2015 PASSED IN MVC NO.6076/2012 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant and learned counsel for respondent No.2 are present. 2. Learned counsel for respondent No.1 is absent, as it is an old matter. This Court proceeded to dispose of the matter. 3. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 13.03.2015 passed in MVC No.6076/2012 by the Court of the XXII - 3 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 Additional Small Causes Judge and Member Motor Accident Claims Tribunal, Bengaluru, (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 4. The injured claimant met with a road traffic accident on 07.06.2012 and filed a claim petition seeking compensation of Rs.15,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.33,289/- with interest at 6% per annum from the date of petition till realization. Aggrieved by the said award, the present appeal is preferred. 5. It is mainly contended that the appellant sustained the following grievous injuries: i. Blunt trauma all over the body, particularly to the left leg; ii. Segmental fracture of the left tibia with no external injury. 6. As per Ex.P7, the wound certificate, the injures sustained by the claimant is grievous in nature. However, the Tribunal awarded only meager compensation, despite - 4 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 the claimant having been treated as an inpatient for a period of six days. The claimant could not attend to his work for about three months. It is further contended that the Tribunal fixed liability only on respondent No.1, the owner of the car, on the ground that there was no insurance coverage. He filed a valid policy, but it was not considered and the Tribunal erred in not fixing liability on respondent No.2 and thus requested for enhancement of the compensation. 7. Learned counsel for respondent No.2 submits that the accident occurred on 07.06.2012, whereas the insurance policy was valid from 19.08.2012 to 18.08.2013. Hence, there was no insurance coverage on the date of accident. Therefore, the Tribunal has rightly exonerated respondent No.2 and fixed liability on respondent No.1. This Court finds no reason to interfere with the said finding. 8. Though the appellant has not examined doctor as per Ex.P7, it discloses that the claimant sustained two - 5 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 grievous injuries. He sustained blunt trauma all over the body, particularly to the left leg and a segmental fracture of the left tibia with no external injury, which are grievous in nature. He was hospitalized for six days and an implant was fixed to the left leg. Considering the nature of injuries and treatment, the claimant is entitled to: i. Rs.20,000/- towards pain and suffering; ii. Rs.10,000/- towards loss of amenities; iii. Rs.10,000/- towards transportation, extra nourishment and attendant charges. 9. The accident occurred in the year 2012. The claimant’s notional monthly income is taken at Rs.7,000/-. As per the chart prepared by the Karnataka State Legal Services Authority. As he would not have been able to work for at least two months, a sum of Rs.14,000/- is awarded towards 'loss of income during the laid-up period'. 10. The Tribunal awarded Rs.8,289/- towards 'medical expenses' and the same is confirmed. - 6 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 11. Thus, the compensation awarded by this Court is as follows: 12. In summary, the appellant/claimant is entitled to a total compensation of Rs.62,289/- as against Rs.33,289/- awarded by the Tribunal. The enhanced compensation works out to Rs.29,000/-. To this extent, the award passed by the Tribunal is modified. 13. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 13.03.2015 passed in MVC No.6076/2012, by the Court of the XXII Additional Small Particulars Amount in Rs. Pain and suffering 20,000.00 Loss of amenities 10,000.00 Transportation, extra nourishment and attendant charges 10,000.00 Loss of income during laid up period 14,000.00 Medical expenses 8,289.00 Total 62,289.00 - 7 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 Causes Judge and Member Motor Accident Claims Tribunal, Bengaluru, is hereby modified; iii. The appellant-claimant is entitled for total compensation of Rs.62,289/- with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1-owner of the offending vehicle is directed to deposit the said compensation amount with interest at the rate of 6% within one month from the date of this order. v. Owner of the vehicle/respondent No.1 is directed to deposit Rs.62,289/- within one month from the date of this order along with interest. vi. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with accrued interest. - 8 - HC-KAR NC: 2026:KHC:4826 MFA No. 6882 of 2015 vii. Respondent No.2-Insurance Company is exonerated from paying the liability. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 54