- 1 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4989/2024 (MV-I) BETWEEN: MR YASHAS D G S/O GANGADHARA D.S. AGED ABOUT 28 YEARS RESIDING AT D. NO. 4, 4TH BLOCK, RAMASWAMY LAYOUT, NANJANGUD TALUK-571301, MYSURU DISTRICT. …APPELLANT (BY SMT. MANJULA B.N., ADVOCATE FOR SRI. NAGARAJA R C., ADVOCATE) AND: 1. MR MANJUNATH C S/O CHANNEGOWDA AGED ABOUT 48 YEARS, R/O A.P.C. 35, D.A.R., MANDYA 571 401. 2. SUPERINTENDENT OF POLICE MANDYA-571 401. 3. KARNATAKA GOVERNMENT INSURANCE DEPARTMENT MOTOR BRANCH, BENGALURU - 560 001. …RESPONDENTS (BY SRI. ADITYA VIKRAM BHAT, AGA FOR R1 TO R3(ABSENT)) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2023 PASSED IN MVC NO.1387/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, NANJANGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. 2. Though this matter was passed over in the morning session till afternoon, learned counsel for respondent Nos.1 to 3 has not appeared before the Court even at 4.15 p.m., and he has not filed memo of appearance till today. Hence, the matter is taken up for disposal and disposed of by this judgment. 3. This appeal is filed against the judgment and award dated 23.09.2023 passed by the MACT and Senior Civil Judge and JMFC and MACT, Nanjangud in MVC No.1387 of 2021. 4. The injured claimant, aged 25 years, met with an accident on 11.07.2021 and filed a claim petition claiming compensation of Rs.58,40,000/- with interest. The Tribunal, - 3 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 considering the entire evidence on record, granted the compensation of Rs.4,68,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 5. Agrived by the said award, the claimant has preferred this appeal and mainly contained that the Tribunal ought to have granted more compensation towards medical expenses. The compensation granted for pain and suffering and the other heads is meagre and thus, requested for enhancement of the compensation. 6. Heard the arguments of learned counsel for the appellant. 7. Petitioner-claimant was working as an Engineer in Utthunga Technologies Private Limited, Banashankari, Bangalore and he filed Exhibit P16-certificate to that effect. He was aged 25 years. As he continued his employment even after the injury sustained in the accident, no amount is granted for the loss of future earning. As per Exhibit P6-wound certificate, the petitioner sustained wound over left ankle, left leg, bone poking over left ankle, laceration 6 cm x 4 cm over - 4 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 left ankle over medical malleoli, distal tibial poking through medial aspect, which are grievous in nature. Petitioner also examined doctor as PW2, who assessed the disability as 47.6% to the left lower limb and he further stated that the petitioner requires another surgery for pan-talar fusion and estimated the cost of surgery as Rs.2,00,000/-. 8. As per bills-Exhibits P8, P14 and P17, the Tribunal granted Rs.1,75,231/- towards medical expenses and it is confirmed. The petitioner was hospitalised for a period of 22 days, and the Tribunal, considering the nature of injuries and the period of hospitalisation, granted Rs.1,50,000/- towards pain and suffering and the said amount is confirmed. The Tribunal also granted Rs.1,01,000/- towards loss of income during period of treatment and it is confirmed. Apart from that, the petitioner is entitled for Rs.35,000/- towards loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. PW2 also suggested another surgery and estimated the cost of surgery as Rs.2,00,000/-. Therefore, this Court finds it reasonable to grant an amount of Rs.1,00,000/- towards future medical expenses. - 5 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 9. Thus, in all, the claimant is entitled for the compensation of Rs.6,01,231/- with interest at 6% per annum as against Rs.4,67,831/- awarded by the Tribunal. 10. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Medical expenses 1,75,231/- 2. Pain and Suffering 3. Loss of amenities 1,50,000/- 35,000/- 4. Transportation, extra nourishment and attendant charges 40,000/- 5. Loss of earning during the laid up period 1,01,000/- 6. Future medical expenses 1,00,000/- Total 6,01,231/- 11. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.6,01,231/- with interest at 6% per annum from the date of petition till the date of realization. - 6 - HC-KAR NC: 2026:KHC:3497 MFA No. 4989 of 2024 (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.1,33,400/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 81