- 1 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8119 OF 2022(MV-I) BETWEEN: SRI PRADEEP @ PRADEEP KUMAR S/O. LINGARAJU AGED ABOUT 32 YEARS R/AT LALANKERE GANDASI HOBLI HASSAN DISTRICT-573 164 …APPELLANT (BY SRI VIJAY KUMAR T., ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD. REP. BY ITS MANAGER REGIONAL OFFICE T. P. HUB, 5TH AND 6TH FLOORS KRISHI BHAVAN HUDSON CIRCLE OPP. BBMP HEAD OFFICE NRUPATHUNGA ROAD BENGALURU-560 001 Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 2. SRI SHIVAPPA S/O. THIMMEGOWDA MAJOR R/AT NO 13, 1ST CROSS, 1ST MAIN NEAR CANTEERAVA STUDIO NARASIMHALU LAYOUT NANDINI LAYOUT BENGALURU-560 096 …RESPONDENTS (BY SRI B. A. RAMAKRISHNA, ADVOCATE FOR R-1; V/O/D 19/4/2023 NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S.173(1) OF M.V. ACT, AGAINST THE JUDGMENT AND AWARD DT.16.12.2021 PASSED IN MVC NO.6474/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-11), 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:3457 MFA No. 8119 of 2022 ORAL JUDGMENT Heard Sri.Vijay Kumar.T, learned counsel for the appellant as well as Sri.B.A.Ramakrishna, learned counsel for respondent No.1. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.6474/2019 dated 16.12.2021, the claimant therein preferred the present appeal. 3. Making his submission on the merits of the matter, learned counsel for the appellant states that the appellant sustained multiple injuries in a road traffic accident that occurred in the year 2019. Though the appellant took extensive treatment, he is left with disability. Appellant sustained injuries to the delicate parts of his body thereby he became incapacitated to perform sexual acts. Learned counsel states that the appellant thereby is deprived of sexual happiness. But the Tribunal without considering the nature of injuries sustained, - 4 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 awarded very meager sum as compensation under different heads. Learned counsel thereby seeks for enhancement in compensation. 4. Learned counsel for respondent No.1 though states that the compensation granted by the tribunal is justifiable however contends that there may be marginal enhancement. 5. By all the evidence produced appellant succeeded in establishing that he sustained 'Y' shaped lacerated wound on right inquino scrotal region with intestine protruding on right side, with lacerated skin muscle and right testis, abrasion on left side of face, abrasions on back of chest and abdomen both on right and left sides, abrasion on back of left shoulder joint, abrasion on back of right shoulder joint, abrasion on front of right knee, abrasion on front of right side of leg, abrasion on front of right ankle joint, abrasion on front of left knee joint, lacerated wound on dorsum of right foot, lacerated - 5 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 wound on upper part of right knee, lacerated wound on lower part of left knee joint, herniation on right upper side of chest and tenderness in lower part of abdomen. Stating that the appellant sustained the aforementioned injuries, Pw.3 also gave evidence to the effect that scrotal debridement was done and the appellant also underwent split thickness skin grafting on left side of the face. The evidence of Pw.3 is also that the semen analysis disclosed teratozoospemia which makes him infertile and that one scrotal removal resulted in unfit for sex. 6. Submitting that in the circumstances alike, this Court awarded a sum of Rs.10,00,000/- as compensation for loss of amenities and enjoyment in life, learned counsel for the appellant relied upon the decision of the Division Bench of this Court in MFA No.103473/2017 between Basavaraj and Umesh and another. 7. In the decision relied upon by learned counsel for the appellant, a boy aged 14 years met with similar - 6 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 situation of disability. In the case on hand the appellant was aged 31 years by the date of accident. Thus taking into consideration the totality of facts and circumstances, the nature of injuries sustained and the disability, this Court is of the view that the appellant is entitled to a sum of Rs.5,00,000/- towards loss of amenities in life including conjugal happiness. The Tribunal awarded a sum of Rs.30,000/- only towards loss of amenities in life. Thus the appellate is entitled to an additional sum of Rs.4,70,000/- (Rs.5,00,000 - Rs.30,000). 8. Having considered the nature of injuries sustained, this Court is also of the view that the appellant is entitled to a sum of Rs.1,00,000/- towards pain and suffering. However, the Tribunal granted a sum of Rs.45,000/- only under the said head. Thus the enhancement under the head to pain and suffering will be Rs.55,000/- (Rs.1,00,000 - Rs.45,000). - 7 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 9. Also taking into consideration the nature of injuries sustained and the treatment taken, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 5 months. Taking the nominal income of the appellant as Rs.14,000/- per month as arrived at by the Tribunal, loss of income during laid up period comes to Rs.70,000/- (Rs.14,000 X 5). However, the Tribunal granted a sum of Rs.28,000/- only. Thus the enhancement under the head loss of income during laid up period will be Rs.42,000/- (Rs.70,000 - Rs.28,000). Therefore, it is clear that the appellant is entitled to an additional sum of Rs.5,67,000/- (Rs.4,70,000 + Rs.55,000 + Rs.42,000) as compensation. 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, Bengaluru through orders in MVC No.6474/2019 - 8 - HC-KAR NC: 2026:KHC:3457 MFA No. 8119 of 2022 dated 16.12.2021 is enhanced by Rs.5,67,000/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit except for the period of delay of 143 days as per the orders on I.A.No.1/2022. (iv) Respondent No.1 is directed to deposit the enhanced sum within a period of 8(eight) weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 27