- 1 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 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. 2967/2015 (MV-I) BETWEEN: SRI. NAVEEN MOOLYA S/O K KORAGAPPA MOOLYA AGED ABOUT 30 YEARS R/O KAMPA HOUSE VOLATHADKA, ARYAPUR VILLAGE PUTTUR TALUK DK DISTRICT-574 201. …APPELLANT (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. G. SATHISHA KULAL S/O G VASU AGED ABOUT 34 YEARS R/O GOVINDA KODI HOUSE BALEPUNI POST & VILLAGE BANTWAL TALUK DK DISTRICT-574 201. 2. THE BRANCH MANAGER THE NATIONAL INSURANCE CO. LTD MANGALORE BRANCH OFICE 1ST FLOOR, EMJAY COMPLEX BALMATTA, MANGALORE DK DISTRICT-574 201 …RESPONDENTS (BY SRI. GEETHA RAJ., ADVOCATE FOR R2, R1-SATHISHA KULAL SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED21.6.2014 PASSED IN MVC NO.564/2012 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MEMBER, MACT, PUTTUR, D.K., 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 Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 21.06.2014 the passed by the Additional Senior Civil Judge and Member, MACT, Puttur, D.K., in MVC No.564 of 2012. 3. The injured claimant, aged 25 years, met with an accident on 05.04.2010, and filed a claim petition claiming compensation of Rs.5,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.1,17,510/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is contended that the - 3 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 Tribunal granted meagre amounts under all the heads, the compensation is inadequate and thus, requested for enhancement of the compensation. 5. Learned counsel for the respondent contended that the doctor has not been examined and therefore, the Tribunal rightly considered the other evidence on record and granted a reasonable amount and it needs no interference. 6. Heard the learned counsel for both sides. 7. Petitioner stated that he was working as a glazier and earning Rs.15,000/- per month, but he has not filed any income proof. He met with an accident in the year 2010 and this Court finds it reasonable to take his notional income as Rs.5,500/- per month based on the chart prepared by Kannada State Legal Services Authority. 8. As per Ex.P.4-wound certificate, the petitioner has sustained the following injuries: “1. C.L.W. over /// chin 3cmX2cmX05cm Bleeding 2. Abrarion over both foxarm 3. Abrarion over the (R) cheek 4. Swelling Tenderness over the (R) T.M. Joint - 4 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 5. Swelling Tenderness over the (L) T.M. Joint 6. Cepitas heard in the (L) ear during mandilenlor Movements 7. +Fracture sublaxation of tooth +fracture of tooth at 1/3rd. X-ray findings and C.T.Scan findings: Bilateral condylar fracture with T.M. Joint dislocation.” 9. Out of the 7 injuries sustained by the petitioner, injury Nos.4, 5 and 7 are grievous in nature, and injury Nos.1, 2, 3 and 6 are simple in nature. Petitioner has not examined the doctor, but filed a certificate as per Exhibit P12 in which it is stated that petitioner was treated for bilateral condyle fracture of mandible before the right subcondyle and closer direction of left condyle on 10.04.2020 and he was advised for implant removal from right subcondyle region. The approximate expenses estimated is Rs.25,000/-. The petitioner was hospitalized for a period of 8 days and the Tribunal granted Rs.26,178/- as per Exhibit P13 to Exhibit P43 and it is confirmed. Considering the nature of injuries, period of hospitalisation and other relevant factors, Tribunal granted Rs.50,000/- for pain and suffering. This Court finds it reasonable to grant an amount of Rs.30,000/- for loss of amenities and Rs.30,000 for transportation, extra nourishment - 5 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 and attendant charges. Petitioner might not have attended any other work at least for a period of one month. Therefore, he is entitled for Rs.5,500/- towards loss of income during laid-up period. The Tribunal already granted Rs.20,000/- towards future medical expenses and it is confirmed. 10. Thus, in all, the claimant is entitled for the compensation of Rs.1,61,678/- with interest at 6% per annum as against Rs.1,17,510/- awarded by the Tribunal. 11. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Medical expenses 26,178 /- 2. Pain and Suffering 50,000/- 3. Loss of amenities 30,000/- 4. Transportation, extra nourishment and attendant charges 30,000/- 5. Loss of earning during the laid up period 5,500/- 6. Future Medical expenses 20,000/- Total 1,61,678/- - 6 - HC-KAR NC: 2026:KHC:3494 MFA No. 2967 of 2015 12. 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.1,61,678/- with interest at 6% per annum from the date of petition till the date of realization. (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.44,168/- 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.: 75