HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.3479 OF 2021(MV-I) BETWEEN: RAVI.P.K. S/O KITTAPPASHETTY, AGED ABOUT 53 YEARS, R/O NO.845, MEDARA BEEDHI, HASSAN-560 132. …APPELLANT (BY SRI. SAKARAJA.N.C., ADVOCATE FOR SRI. SUMANTH.L.BHARADWAJ., ADVOCATE) AND: 1. SANTHOSH S/O RAVI, MAJOR, R/O WARD NO.16, SHANTHINAGARA, HASSAN-560 132. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, KRUTHIKA ARCADE, N.R.CIRCLE, HASSAN-560 132. …RESPONDENTS (BY SRI. B.PRADEEP., ADVOCATE FOR R2; NOTICE TO R1-DISPENSED WITH V/O/DTD:11.02.2025) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.04.2021 PASSED IN MVC NO.912/2018 ON THE FILE OF THE MEMBER, PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 2 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal filed by the appellant/claimant seeks to challenge a Judgment and Award dated 23.04.2021 in MVC No.912/2018 passed by the Principal Senior Civil Judge and Addl. MACT, Hassan (hereinafter referred to as the ‘Impugned Award’). By the Impugned Award, the Learned Tribunal has awarded compensation in a sum of Rs.2,20,000/- along with interest at 9% p.a. from the date of petition till the date of realization. 2. This appeal has been filed by the appellant/claimant, seeking an enhancement of the amounts awarded. The appeal has been contested by the respondent No.1/owner of the offending vehicle as well as the learned counsel for respondent No.2/Insurance Company. 3. The brief facts relevant to the case are that on 23.02.2018 when the appellant/claimant was riding as a HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 3 pillion rider in a bike bearing Registration No.KA-13-EG- 5018 on Gorur Road, Venkateshwara Temple Cross, Near Kattaya Forest, one forest animal came across the road, as a result of which the respondent No.1/owner of the bike lost control of the bike and fell down on the road. The appellant/claimant being the pillion rider sustained injuries and was hospitalised and underwent treatment at N.D.R.K. Hospital, Hassan. He filed a claim petition seeking compensation. The claim petition was contested by both respondent No.1/owner of the vehicle as well as respondent No.2/Insurance Company. 4. Based on the pleadings of the parties, the following issues were framed by the learned Tribunal: “1) Whether the petitioner proves that he sustained grievous injuries in a road traffic accident occurred on 23.02.2018 at about 5.00 p.m. on Gorur Road, near Kattaya Forest, due to rash and negligent riding of bike bearing Reg.No.KA-13-EG-5018 by its rider? 2) Whether the petitioner is entitled for compensation? If so, to what extent and from whom? 3) What order or award?” HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 4 5. The appellant/claimant got himself examined as PW1 and produced certain documents as Ex.P1 to Ex.P.9. However, no oral or documentary evidence was produced by either of the respondents. The learned Tribunal, after examining the evidence on record as well as the FIR (Ex.P1), Complaint (Ex.P2), Spot Mahazar (Ex.P.3), Vehicle Release Mahazar (Ex.P4), Wound Certificate (Ex.P5), IMV report (Ex.P6), Charge sheet (Ex.P7), 26 Medical bills (Ex.P8) and 9 prescriptions (Ex.P9), found that there was rash and negligent driving by the rider of the bike and this was affirmed in view of the copy of the Spot Mahazar (Ex.P3) along with the sketch. The learned Tribunal thus found that the rash and negligent driving was established. On the award of compensation, the learned Tribunal found that although the appellant/claimant stated that he has sustained injuries, the Injury No.1 was grievous while Injury No.2 was simple in nature. In addition, a finding was given that the injuries did not cause any disability. A finding was also given by HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 5 the learned Tribunal that the appellant/claimant was treated as an in-patient for 8 days. 6. Based on the evidence on record, the learned Tribunal awarded amounts for pain and suffering, medical expenses, towards diet, food and nourishment, loss of amenities and loss of income during laid up period as follows: Sl.No. Heads of Compensation Amount (Rs.) 1 Towards pain and sufferings 40,000-00 2 Towards Medical expenses 1,25,297-00 3 Towards diet, food, nourishment, attendant and conveyance charges 15,000-00 4 Loss of earning capacity due to disability Nil 5 Loss of income during laid-up period 20,000-00 6 Towards loss of amenities 20,000-00 Total 2,20,297-00 6.1. Thus, an amount of Rs.2,20,297/- along with interest at the rate of 9% per annum was awarded by the Learned Tribunal. HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 6 7. The learned counsel for the appellant/claimant has contended that one of the injuries was grievous in nature and that is the finding given by the learned Tribunal as well. The learned Tribunal has also found that the appellant/claimant was an in-patient in a hospital and took treatment for 8 to 10 days. The appellant/claimant has also incurred substantial amounts towards medical bills which have been proved by him. 8. The learned counsel for the respondents supported the Impugned Award and contended that there is no need for interference in the compensation awarded by the learned Tribunal. 9. The question that arises for consideration before this Court is whether the compensation that has been awarded by the learned Tribunal is in accordance with law? 10. The record also reflects that the appellant/claimant has sustained grievous injuries, in as much as fracture to his right leg and this injury would have confined him to HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 7 bed rest. The loss of amenities though granted at the rate of Rs.20,000/- per month, given the settled law, the same could be enhanced to Rs.30,000/-. Since there is a finding on income during laid-up period of the appellant/claimant being confined to his bed for a period of two months, this Court also deems it apposite to award compensation for a period of three months for the laid-up period at the notional income taken at Rs.12,500/- per month, being Rs.37,500/-(Rs.12500 x 3). 10.1 Since the appellant/claimant failed to produce any evidence qua his disability nor examined the Doctor who treated him to prove the disability, no amounts were awarded in this behalf by the learned Tribunal. The appellant/claimant has not laid any challenge before this Court on this aspect. In any event, the appellant/claimant has failed to produce any evidence in this behalf before this Court either. Accordingly, the compensation awarded shall be as follows: Sl.No. Heads of Compensation Amount (Rs.) 1 Towards pain and sufferings 40,000-00 HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 8 2 Towards Medical expenses 1,25,297-00 3 Towards diet, food nourishment, attendant and conveyance charges 15,000-00 4 Loss of income during laid-up period 37,500-00 5 Towards loss of amenities 30,000-00 Total 2,47,797-00 Less: Awarded by Tribunal 2,20,297-00 Enhanced compensation 27,500-00 11. Hence, the appellant/claimant is entitled to total compensation of Rs.2,47,797/- along with interest at 9% p.a. as awarded by the learned Tribunal from the date of petition till the date of realization. 12. Accordingly, the Court proceeds to pass the following: ORDER (i) The appeal is allowed in part; (ii) The Impugned Judgment and Award dated 23.04.2021 in MVC No.912/2018 passed by the learned Principal Senior Civil Judge and Addl. MACT, Hassan is modified, to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.27,500/- along with interest HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 9 at the rate of 9% per annum in addition to Rs.2,20,297/- as awarded by the learned Tribunal; (iii) The remaining portion of the Impugned Award of the learned Tribunal remains undisturbed. (iv) The respondent No.2/Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the learned Tribunal, within a period of four weeks from the date of receipt of a copy of this judgment; (v) On such deposit of compensation, the same shall be released in favour of the appellant/claimant, on filing of an appropriate application by the appellant/claimant for withdrawal of the enhanced amount. (vi) The Registry is directed to draw the modified Award accordingly. HC-KAR NC: 2026:KHC:20736 MFA No. 3479 of 2021 10 (vii) The Registry is directed to transmit a copy of this judgment to the concerned Tribunal. (viii) No order as to costs. KS List No.:1 Sl No.:37 Sd/- (TARA VITASTA GANJU) JUDGE Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA