- 1 - HC-KAR NC: 2026:KHC:6484 MFA No. 8636 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.8636 OF 2022(MV-I) BETWEEN: SUNEESH JAYAN, S/O JAYAN, AGED ABOUT 29 YEARS, R/AT PADINJARE VEETIL HOUSE ADAKAM, KALLAR VILLAGE, KALLAR, KASARGOD, KERALA. PIN-671532 …APPELLANT (BY SMT. POOJA, ADVOCATE FOR SRI. RAVISHANKAR SHASTRY G.,ADVOCATE) AND: 1. MR ABDUL RAZAK, S/O MOIDDU KUNHI, ADULT, R/AT D.NO.184, ATTAKUMERI, SALETHURU, BANTWAL TALUK, DK DISTRICT, PIN-574211. Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:6484 MFA No. 8636 of 2022 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., RAMBHAVAN COMPLEX, KODIALBAIL, MANGALURU, DK DISTRICT, PIN-575003. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2 (VC); V/C/O DATED 08.12.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.08.2022 PASSED IN MVC NO.230/2021 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MACT-I, D.K, MANGALURU, 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:6484 MFA No. 8636 of 2022 ORAL JUDGMENT Heard Ms.Pooja who appears physically before this Court and represents Sri.Ravishankar Shastry.G, learned counsel on record for the appellant. Also heard Sri.L.Sreekanta Rao, learned counsel for respondent No.2 who appears through video conference. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal-I, Dakshina Kannada, Mangaluru in MVC No.230/2021 dated 03.08.2022. This is a claimant's appeal. The appellant was awarded compensation of Rs.4,78,300/- through the impugned order. His version is that he is entitled to a higher sum. 3. Learned counsel for the appellant submits that the appellant sustained grievous injuries in a road traffic accident that occurred in the year 2020. As vegetable vendor he was earning around Rs.25,000/- per month. Due to the injury sustained, he lost his earnings. But - 4 - HC-KAR NC: 2026:KHC:6484 MFA No. 8636 of 2022 Tribunal failed to award the amount claimed and therefore, this appeal is filed. 4. On the other hand, learned counsel for respondent No.2 states that the award of the Tribunal is valid on all aspects. Learned counsel submits that the Tribunal has taken into consideration each and every aspect of the case. Learned counsel also states that in case this Court intends to enhance the sum that is awarded as compensation by the tribunal, there may be marginal enhancement. 5. By all the material that is brought on record, appellant succeeded in establishing that he sustained fracture of right femur and underwent a surgery. He also established that he took treatment as inpatient for a period of 16 days. Making an observation that the appellant might have lost earnings for 1 month, the Tribunal awarded a sum of Rs.14,500/- towards loss of earnings during laid up period. However having considered - 5 - HC-KAR NC: 2026:KHC:6484 MFA No. 8636 of 2022 the nature of injury sustained, this Court is of the view that the appellant could not have attended his normal pursuits at least for a period of 3 months. Furthermore, the compensation granted towards loss of amenities i.e., Rs.10,000/- is on lower side. Also, the Tribunal has not granted any compensation for the expenses which the appellant would have incurred for his diet and attendant charges. Therefore, taking into consideration all these aspects, this Court is of the view that appellant is entitled to an additional sum of Rs.50,000/- globally. Hence 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-I, Dakshina Kannada, Mangaluru through orders in MVC No.230/2021 dated 03.08.2022 is enhanced by Rs.50,000/-. - 6 - HC-KAR NC: 2026:KHC:6484 MFA No. 8636 of 2022 (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) 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. (v) On deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:TSM List No.: 1 Sl No.: 29