- 1 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6498 OF 2023(MV-I) BETWEEN: SRINIVAS M. S. AGED ABOUT 55 YEARS S/O. SIDDAPRABHU R/O. HOUSE NO.2674 2ND CROSS MEDARAKERE NANJUMALLIGE K. R. MOHALLA MYSURU-570 024 …APPELLANT (BY SRI PRABHUGOUDA TUMBIGI BASAVANTARAYAGOUDA, AND SRI ADITYA S. K., ADVOCATES) AND: 1. RAMESH N. AGED ABOUT 50 YEARS S/O. LATE NARASIMHAMURTHY R/AT HOUSE NO.G-7 BALAJI RESIDENCY GANIGARA PALYS Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 THALAGATTAPURA POST BENGALURU CITY-560 109 2. TATA AIJ GENERAL INSURANCE CO., LTD., REP. BY BRANCH MANAGER POLICY SERVICING BRANCH 2ND FLOOR, J. P. AND DAY JAMBU ARCADE, NO.69 MILLERS ROAD BENGALURU-560 052 …RESPONDENTS (BY SRI B. C. SHIVANNE GOWDA, ADVOCATE FOR; SRI B. PRADEEP, ADVOCATE FOR R-2; VIDE ORDER DATED 6/10/23, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.12.2021 PASSED IN MVC NO.1258/2017 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 ORAL JUDGMENT Heard Sri.Prabhugowda Tumbigi, learned counsel for the appellant as well as Sri.B.C.Shivanne Gowda, who represents Sri.B.Pradeep, learned counsel on record for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal Mysuru, through Orders in MVC No.1258/2017 dated 30.12.2021, the claimant therein presented the present appeal. 3. As against the claim for ₹21,85,000 in total, the Tribunal through the impugned order held that the appellant is entitled to a sum of ₹1,65,000/- as compensation. The version of the appellant is that he is entitled to a higher sum. 4. Arguing the matter, learned counsel for the appellant states that the appellant sustained grievous injury in a road traffic accident that occurred in the year 2017. As a businessman appellant was earning huge sum - 4 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 as on the date of accident. However, the Tribunal took the national income of the appellant as ₹7,000/- per month. Learned counsel further submits that the Tribunal granted a sum of ₹15,000/- only towards pain and suffering. Likewise ₹14,000/- only towards loss of income during laid up period. Learned counsel contends that the appellant took treatment as inpatient for 11 days, but he could not recover soon. Learned counsel also states that as per the evidence of PW2, the disability is 12%, but the Tribunal did not award any compensation towards loss of future earnings. Learned counsel thereby seeks for enhancement in compensation. 5. On the other hand learned counsel who represents respondent No.2 submits that there is no functional disability as projected by the appellant. Perceiving the fact that for a facial injury it cannot be held that there is functional disability which prevents the appellant from earning, the Tribunal rightly did not award any compensation towards loss of future earnings. - 5 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 Learned counsel also states that the compensation granted by the Tribunal is justifiable. 6. It is not in dispute that the appellant sustained an abrasion over left palm and frictional abrasion over left foot with loss of skin over the dorsum. Equally it is not in dispute that the appellant took treatment as inpatient for 11 days. However, the appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of accident. Without any proof of the exact occupation of the appellant as on the date of accident, having regard to the nature of injuries sustained, it cannot be held that he suffers with disability to work and earn. At the same time, this Court is of the view that the compensation granted towards pain and suffering and towards loss of income during laid up period is on lower side. Also, compensation granted towards loss of amenities in life is required to be enhanced in the light of the nature of injuries sustained. Thus, taking into consideration the totality of facts and circumstances of the - 6 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 case, this Court is of the view that the appellant is entitled to an additional sum of ₹60,000/-. Therefore, the appeal is disposed of with the following ORDER i) The appeal is allowed in part. ii) The compensation that is granted by the Motor Accident Claims Tribunal, Mysuru, through Orders in MVC 1258/2017 dated 30.12.2021 is enhanced by ₹60,000/-. 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 442 days, as per orders in IA No.1/2023. 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 this judgment. - 7 - HC-KAR NC: 2026:KHC:3034 MFA No. 6498 of 2023 v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE AP List No.: 1 Sl No.: 53