- 1 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 684 OF 2024 (MV-I) BETWEEN: 1. THE RELIANCE GENERAL INSURANCE COMPANY LIMITED NO. 782, 2ND FLOOR, BALAJI ENCLAVE, ABOUT BATA SHOWROOM, 16TH MAIN ROAD, 2ND STAGE, BTM LAYOUT, BENGALURU 560075. ALSO AT RELIANCE GENERAL INSURANCE COMPANY LIMITED, NO 28, 5TH FLOOR, SOUTHERN PORTION, EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU 560 001. REPRESENTED BY MANAGER LEGAL. …APPELLANT (BY SRI. ASHOK N PATIL.,ADVOCATE) AND: 1. SRI. SANTHOSH T.N. S/O SRI NINGARAJU, AGED ABOUT 38 YEARS, RESIDING AT NO. 2588, 11TH MAIN ROAD, E BLOCK, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 2ND CROSS, RAJAJINAGAR, BENGALURU 560010. 2. SRI KRUNAL K DHARAMSHI S/O SRI KHUSHENDRA DHARAMSHI, RESIDING AT PLOT NO. 9, FLAT NO. 10, 3RD FLOOR, BHORAS DELUE, PALACE MODEL HOUSE STREET, BASAVANAGUDI, BENGALURU 560004. …RESPONDENTS (BY SRI. PUTTARAJA C P.,ADVOCATE FOR R1; VIDE ORDER DATED 23.02.2024; NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.11.2023 PASSED IN MVC NO.4297/2021 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU, SCCH-22 AWARDING COMPENSATION OF RS.4,80,643/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT OF THE AMOUNT IN THE TRIBUNAL. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 ORAL JUDGMENT This appeal is filed by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 18.11.2023 passed in MVC No.4297/2021 on the file of the XX Additional Small Causes Judge and ACMM, Bengaluru for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant/Insurance Company and learned counsel for respondent. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 19.04.2018 and filed claim petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,80,643/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, the - 4 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 Insurance Company is in appeal contending that the complaint was registered five days after the accident and the Tribunal has granted compensation in a sum of Rs.2,00,000/- towards pain and suffering and loss of amenities which is on higher side. 4. It is stated that the petitioner/injured sustained only one fracture. He examined the doctor as PW.2, who assessed the disability at 14% to the whole body. The petitioner was an inpatient for 2 days, but the Tribunal has granted compensation of Rs.1,57,500/- towards loss of income during laid up period which is also on higher side. Thus requested for modification of the impugned judgment and award of the Tribunal. 5. The petitioner/injured was working as an Accountant, earning Rs.90,000/- per month. He also produced offer letter and bank statements under Exs.P.16 and P.17. The petitioner was aged 36 years at the time of accident. The petitioner examined the doctor as PW.2, who - 5 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 stated that the nature of injuries sustained by the petitioner is as follows: "closed mid distal third junction shaft fracture of left tibia" The doctor further stated that due to the injuries the petitioner is unable to sit down and unable to sit in cross and unable to sit for a long time. The doctor assessed the disability at 14% to the whole body and the Tribunal has also considered the disability at 14%. 6. The injured in his cross-examination stated that presently he is earning Rs.90,000/- per month. The learned counsel stated that he is now terminated but the same was not because of the accident. Admittedly, he is not working and earning but the petitioner is not entitled for future earning capacity. The injured sustained one injury and therefore, Court finds it reasonable to grant a sum of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant - 6 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 charges. The injured has produced in 11 medical bills as per Ex.P.10. The Tribunal has granted a sum of Rs.76,143/- towards medical expenses and the same is confirmed. The injured might not have attended to any other work for a period of three months. Therefore, a sum of Rs.52,500/- is awarded towards loss of income during the laid-up period. The Tribunal has awarded Rs.30,000/- towards future medical expenses and this is confirmed. 7. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards medical expenses 76,143/- 3. Towards loss of amenities 25,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 52,500/- 7. Towards future medical expenses 30,000/- Total 2,63,643 - 7 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 8. Hence, the petitioner is entitled for a total compensation of Rs.2,63,643/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 18.11.2023 passed in MVC No.4297/2021 on the file of the XX Additional Small Causes Judge and A.C.M.M., Bengaluru, is modified. iii. The petitioner is entitled to a sum of Rs.2,63,643/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,80,643/- granted by the tribunal. iv. The Insurance Company is directed to deposit the total compensation of - 8 - HC-KAR NC: 2026:KHC:16638 MFA No. 684 of 2024 Rs.2,63,643/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SA