- 1 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO. 8060 OF 2022 (MV-I) BETWEEN: SOMASHEKAR T, S/O THIMMAIAH K.T. AGED 40 YEARS R/AT SIDDESWARA NILAYA GOPI SCHOOL, MEENAKSHI NAGAR, KAMAKSHIPALYA, BANGALORE - 79. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. THE MANAGER THE UNITED INDIA ASSURANCE CO. LTD., T.P. HUB, KRUSHI BHAVAN BUILDING 6TH FLOOR, HUDSON CIRCLE BANGALORE - 01. 2. MR. KUMAR R.K, S/O RAMAKRISHNAPPA R/AT NO.497, CHIKKABIDARAKALLU Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 NAGASANDRA, DASANAPURA, BENGALURU - 560 073. …RESPONDENTS (BY SMT. KOUSALYA, ADVOCATE FOR SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE FOR R1; VIDE COURT ORDER DATED 27.11.2025, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.09.2022 PASSED IN MVC NO.3628/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), 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:1409 MFA No. 8060 of 2022 ORAL JUDGMENT Heard Sri. Shripad V Shastri learned counsel for the appellant who appears through video conference, as well as Ms. Kousalya, who appears physically before this Court and represents Sri. Ravish Benni, learned counsel for respondent No.1. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal, Bangalore in MVC No.3628/2019 dated 23.09.2022. This is a claimant's appeal. 3. The appellant on the ground that he sustained grievous injury in an accident that occurred in the year 2018, filed a petition claiming compensation of Rs.15,00,000/- in total. The tribunal through the impugned order held that the appellant is entitled to a sum of Rs.2,83,933/- as compensation. With a version that he is entitled to a higher sum, present appeal is filed. - 4 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 4. Making his submission with regard to the merits of the matter, learned counsel for the appellant submits that the appellant sustained grievous injury in a road traffic accident and underwent a surgery. However, he is left with disability of 37% in respect of left lower limb and 13% in respect of whole body. Though through the evidence of PW-2 the aspect of disability is established yet the tribunal took the functional disability in respect of whole body as 8% only. Learned counsel states that the tribunal failed to award justifiable sum under the heads pain and suffering, loss of future earnings and loss of amenities in life. Learned counsel further contends that no sum is awarded as compensation towards the loss the appellant sustained financially during the period of rest. Learned counsel thereby seeks to enhance the sum that was awarded as compensation by the tribunal. 5. Learned counsel who represents respondent No.1 on the other hand states that the appellate failed to produce substantive proof with regard to his occupation - 5 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 and earnings as on the date of accident. But the tribunal took the income of the appellant as Rs.15,000/- per month which is exorbitantly. Learned counsel also contends that there are no merits in the appeal. 6. Undisputedly, the appellant sustained fracture of left ankle and he underwent a surgery. As rightly contented by learned counsel for respondent No.1, the appellant failed to produce any substantive proof with regard to his occupation and earnings as on the date of accident. The tribunal awarded a sum of Rs.2,16,000/- as compensation towards loss of future earnings. The sum thus awarded is justifiable. However, the tribunal failed to award any compensation towards the loss which the appellant would have sustained due to difficulty on his part in attending the work during the period of treatment and till recovery. 7. Having considered the nature of injury sustained this Court is of the view that the appellant would have - 6 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 taken bed rest at least for a period of 3 months. Taking the income of the appellant as Rs.15,000/- per month as assessed by the Tribunal, the compensation which the appellant is entitled to receive towards loss of income during laid up period comes to Rs.45,000/- (15,000 x 3). Also this Court is of the view that the compensation that is granted by the tribunal towards pain and suffering and the loss of amenities in life is on lower side. Hence, this Court is of the view that the compensation which the appellant is entitled justifiably in addition to the sum that is awarded by the Tribunal is Rs.70,000/-. 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, Bangalore through orders in MVC No. 3628/2019 dated 23.09.2022 is enhanced by Rs.70,000/-. - 7 - HC-KAR NC: 2026:KHC:1409 MFA No. 8060 of 2022 iii. The enhanced sum shall carry interest at the rate of 6% per annum from the date of petition till the date of deposit. iv. Respondent No.1 is directed to deposit the enhanced sum within a period of 8 weeks from the date of receipt of certified copy of this judgment. v. On such deposit, the appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE VS List No.: 1 Sl No.: 26