- 1 - HC-KAR NC: 2026:KHC:201 MFA No. 5917 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5917 OF 2024 (MV-I) BETWEEN: AMUDA S D/O LATE SHIVAPPA, AGED ABOUT 18 YEARS, R/AT HUTHURU ODEYARPALYAM VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGAR DISTRICT - 571 441. …APPELLANT (BY SRI. SREENIVASAN M.Y, ADVOCATE) AND: THE DIVISIONAL CONTROLLER OWNER CUM CUSTODIAN OF INTERNAL INSURANCE FUND OF KSRTC, K.H. DOUBLE ROAD, SHANTHINAGARA, BANGALURU - 560 027. …RESPONDENT (BY SRI. F.S. DABALI, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DT.30.10.2023 PASSED IN MVC NO.166/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, 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 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:201 MFA No. 5917 of 2024 ORAL JUDGMENT Heard the arguments from both the counsel. 2. This appeal is filed against the judgment and award passed in MVC No.166/2022 dated 30.10.2023 by the Court of Senior Civil Judge & Addl. MACT, Kollegal. 3. The injured claimant, who is aged 16 years, has met with an accident on 14.03.2022 and filed the claim petition claiming compensation of Rs.15,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.3,27,360/- with interest at the rate of 6% from the date of petition till the date of realization. 4. Aggrieved by the said order, the present appeal is preferred. In which, it is contended that as per the evidence of CW.1 - doctor and Wound Certificate at Ex.P6, the claimant has sustained fracture of left humorous and surgery was also done, but the compensation granted under the heads 'pain and suffering' and 'discomfort, - 3 - HC-KAR NC: 2026:KHC:201 MFA No. 5917 of 2024 inconvenience and loss of earnings to the parents' is on lower side. Therefore, this Court finds it reasonable to enhance the compensation. The Tribunal has granted compensation of Rs.15,000/- under the head 'discomfort, inconvenience and loss of earnings to the parents', which is on the lower side. The same is enhanced to Rs.45,000/. 5. Thus, the claimant is entitled for the following compensation : SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering. 3,00,000.00 2. Discomfort, inconvenience and loss of earning to the parents during the period of hospitalization 45,000.00 3. Medical expenses 2,360.00 4. Future medical expenses 15,000.00 Total 3,62,362.00 Less: the respondent paid Rs.5,000 which is to be deducted 5,000.00 Payable 3,57,360 6. The Tribunal has awarded the compensation of Rs.3,27,360/- but the appellant/claimant is entitled to total compensation of Rs.3,57,360/-. Therefore, the - 4 - HC-KAR NC: 2026:KHC:201 MFA No. 5917 of 2024 appellant/claimant is entitled to enhanced compensation of Rs.30,000/- (Rs.3,57,360 - Rs.3,27,360) along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. 7. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.166/2022 dated 30.10.2023 by the Court of Senior Civil Judge & Addl. MACT, Kollegal, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.30,000/- along with interest @ 6% p.a., from the date of petition till its realization, in addition to what has been awarded by the Tribunal. iii. Respondent is directed to deposit the compensation amount along with interest at the rate of 6% p.a. within a period of one month from today. - 5 - HC-KAR NC: 2026:KHC:201 MFA No. 5917 of 2024 iv. The appellant/claimant is not entitled for interest for the delayed period of 213 days in filing the appeal. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 87 CT: BHK