- 1 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 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. 1650 OF 2016 (MV) BETWEEN: SRI. H.D. NARAYANA S/O BORANARASAIAH @ DODDAIAH, AGED ABOUT 47 YEARS, R/AT NO.23/A, 5/2, 5TH CROSS, KSRTC LAYOUT, MAHADESHWARA NAGAR, HEROHALLI, MAGADI MAIN ROAD, VISHWANEEDUM P.O., BENGALURU-560 091. …APPELLANT (BY SMT. SREEVIDYA G.K., ADVOCATE FOR SRI. T N VISWANATHA, ADVOCATE) AND: 1. M/S NEW INDIA ASSURANCE INSURANCE CO.LTD. T.P.CLAIMS HUB, MAHALAKSHMI CHAMBERS, 2ND FLOOR, M.G.ROAD, BENGALURU-560 001. 2. SRI G SRINIVAS S/O SRI.G. GURUSWAMY, MAJOR, R/AT NO.24/1, 1ST "A" MAIN ROAD, SUDHAMA NAGAR, LALBAGH ROAD, BENGALURU-560 027. …RESPONDENTS (BY SRI. C R RAVISHANKAR., ADVOCATE FOR R1, R2-G. SRINIVAS-SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:22.07.2015 PASSED IN MVC NO.1787/2014 ON THE FILE OF XIX ADDITIONAL SCJ AND XLI ACMM, MACT, BANGALORE(SCCH-17), 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 The Court of XIX Additional Small Causes Judge and MACT, Bengaluru passed a common award dated 22.07.2015 in MVC Nos.1787 and 1788 of 2014. The present appeal is filed against the award of the Tribunal in MVC No.1787 of 2014. 2. The injured claimant, aged 45 years, working in Postal Department, met with an accident on 15.01.2014, and filed a claim application claiming compensation of Rs.5,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.65,747/- with interest at the rate of 6% per annum from the date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that he sustained multiple injuries and also fractures. The petitioner examined a doctor as P.W.3 and he assessed the disability of right of upper limb as 25% and to that of the whole body as 7%. But, the disability was not considered by the Tribunal. The amount granted under the other heads is meagre. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Admittedly, the petitioner has sustained four injuries as per Exhibit P8-wound certificate, which are as under: “a) Fracture lower end of right radius; b) Abrasion over the face; c) Abnormal mobility of right hand; d) Abrasion over the knee joint; e) Abrasion over the left shoulder joint.” 6. Out of which, injury Nos.1, 3 and 4 are simple in nature and injury No.2 is grievous in nature i.e. fracture to the right hand. It is stated that petitioner is working as a Postman in the Department of Posts earning Rs.25,401/- per month. He admitted in the cross examination that he is continuing to work - 4 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 in the department even after the accident. As per Exhibit P13, he has taken leave from 15.01.2014 to 05.03.2014 due to collar fracture. He had taken E.L., but, as per the wound certificate-Exhibit P8, he has not sustained any collar bone fracture. The tribunal observed that, as he sustained grievous injuries to the right hand, it may take at least one month to recover from the injuries. So the Tribunal granted Rs.22,286/- towards loss of income during the laid up period. Admittedly, the petitioner was on leave as per Exhibit P13 from 15.01.2014 to 05.03.2014 for 2 months and he had taken E.L. Therefore, this Court finds it reasonable to grant an amount of Rs.50,802/- (25,401 x 2) towards the loss of income during laid up period. He was treated conservatively and was hospitalized only for one day. Considering the nature of injuries sustained by him, this Court finds it reasonable to grant an amount of Rs.35,000/- for pain and suffering and he is also entitled for Rs.25,000/- towards loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The Tribunal granted Rs.3,461/- towards medical expenses and it is confirmed. Therefore, the total compensation comes to Rs.1,44,263/-. - 5 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 7. Thus, in all, the claimant is entitled for the compensation of Rs.1,44,263/- with interest at 6% per annum as against Rs.65,747/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Medical expenses 3,461/- 2. Pain and Suffering 35,000/- 3. Loss of amenities 25,000/- 4. Transportation, extra nourishment and attendant charges 30,000/- 5. Loss of earning during the laid up period 50,802/- Total 1,44,263/- 9. In this case, the insurance company is exonerated from paying the liability as the offending vehicle is a hazardous vehicle, and respondent No.2- owner alone is directed to pay the compensation. But, so far, he has not deposited any amount. Therefore, respondent No.2-owner of the vehicle, who has remained ex parte before the tribunal, is directed to deposit - 6 - HC-KAR NC: 2026:KHC:4743 MFA No. 1650 of 2016 Rs.1,44,263/- with interest at the rate of 6% within one month from the date of this order. 10. 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.1,44,263/- with interest at 6% per annum from the date of petition till the date of realization. (iii) Respondent No.2-owner is directed to deposit the aforesaid compensation 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.: 85