- 1 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8061 OF 2022(MV-I) BETWEEN: PUTTARAJU S/O. RANGEGOWDA AGED ABOUT 63 YEARS R/AT GARIGHATTA VILLAGE KUNDUR HOBLI, ALUR TALUK HASSAN DISTRICT …APPELLANT (BY SRI SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. NAGARAJU S/O. PUTTE GOWDA AGED ABOUT 39 YEARS NAGAVARA VILLAGE BHARATURU VILLAGE ALUR TALUK HASSAN DISTRICT 2. NEW INDIA INSURANCE CO., LTD., HARSHA MAHAL ROAD Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 R/AT FLAT-S1 KAVERI APARTMENTS SVG NAGAR, NAGARBHAVI POST BENGALURU-560 072 BY ITS MANAGER …RESPONDENTS (BY SRI NARENDRA S., ADVOCATE FOR R-2 V/C/O DATED 30/05/2024,NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.04.06.2022 PASSED IN MVC NO.964/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, JMFC, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR PART HEARD IN ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 ORAL JUDGMENT Heard Sri.Shripad.V.Shastri, learned counsel for the appellant as well as Sri.Narendra.S, learned counsel for respondent No.2. 2. Being aggrieved by the sum that is awarded as compensation by the Motor Accident Claims Tribunal, Hassan through orders in MVC No.964/2018 dated 04.06.2022, the claimant therein presented the present appeal seeking enhancement in compensation. 3. Sri.Shripad.V.Shastri, learned counsel for the appellant appears through video conference and submits that the appellant was working as driver in KSRTC as on the date of accident. Due to the injuries sustained he could not continue his work as driver and thereby he took voluntary retirement. Normally after retirement a driver in KSRTC will easily get a job in private sector and he will earn not less than Rs.25,000/- to Rs.30,000/- per month. However, appellant lost his total earnings due to the injuries sustained. But the Tribunal without considering - 4 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 these facts awarded very meagre sum as compensation under each head and therefore, appeal is filed. Learned counsel thereby seeks for enhancement in compensation. 4. On the other hand learned counsel for respondent No.2 submits that the appellant resigned his job after 9 months of the accident. Learned counsel states that the Tribunal awarded exorbitant sum as compensation under each and every head and that apart the Tribunal directed respondent No.2 to pay the awarded amount with interest at the rate of 9% per annum instead of 6% per annum. Learned counsel thereby seeks to dismiss the appeal. 5. It is not in dispute that the appellant sustained fracture of right hip joint and another simple injury. Equally it is not in dispute that the appellant underwent extensive treatment including bone grafting. As per the evidence of Pw.2 the disability in respect of lower limb is 35%. Observing the fact that a Government employee will - 5 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 get pension after his retirement, the Tribunal globally awarded a sum of Rs.1,00,000/- under the head loss of future earnings. The submission that is made by learned counsel for the appellant is that the compensation granted under all heads is on lower side. The Tribunal granted a sum of Rs.25,000/- as compensation under the head pain and suffering, Rs.1,90,711/- towards medical expenses, Rs.35,000/- towards attendant, nourishment, food and conveyance charges, Rs.10,000/- towards loss of amenities in life, Rs.20,000/- towards loss of earnings during laid up period and Rs.1,00,000/- towards loss of future income. Having considered the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of 3 months. That apart there is no denial of the fact that the appellant took voluntary retirement within short time from the date of accident. A person who sustains fracture of hip joint will not be in a position to continue his occupation as driver with the same strength and capability as before. - 6 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 Considering the amount that is granted by the Tribunal under each head, the occupation of the appellant, the fact he submitted voluntary retirement after the accident and also considering the fact that the appellant will undoubtedly receive pension, this Court is of the view that to meet the ends of justice, the compensation that is awarded by the Tribunal can be enhanced by Rs.75,000/- globally which includes the interest as well. 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, Hassan through orders in MVC No.964/2018 dated 04.06.2022 is enhanced by Rs.75,000/-. (iii) Respondent No.2 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. - 7 - HC-KAR NC: 2026:KHC:6061 MFA No. 8061 of 2022 (iv) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 17