- 1 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5203/2016 (MV-I) BETWEEN: MR ABDUL NAWAZ S/O ABDUL KHADER AGED ABOUT 34 YEARS R/AT NO.1/97, KOTIYAR HOUSE SOORINGE, SURATHKAL MANGALURU TALUK …APPELLANT (BY SRI. GURUPRASAD B R., ADVOCATE) AND: 1. NATIONAL INSURANCE CO. LTD., NO.4-75/2, SRI VITTALA, OPP POST OFFICE, MAIN ROAD, SURATHKAL MANGALURU TLAUK-574 158 REPRESENTED BY ITS MANAGER 2. MR.S.M. HAMEED S/O S.K. MOIDINABBA, AGED 54 YEARS, R/AT BISMILLA MANZIL SOORINJE VILLAGE MANGALURU TALUK …RESPONDENTS (BY SRI. DHIRAJ KUMAR, ADVOCATE FOR R1, V/O DTD:12.07.2021 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED16.12.2015 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 NO.896/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT & SESSIONS JUDGE, MEMBER, MACT-III, D.K., MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 16.12.2015 passed in MVC No.896/2014 on the file of the II Additional District & Sessions Judge, Member, MACT-III, D.K., Mangaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and respondents. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 21.01.2014 and filed claim petition claiming compensation of Rs.10,00,000/-. Tribunal considering the entire - 3 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 evidence on the record granted Rs.1,46,000/- with interest at the rate of 6% p.a., from date of petition till realisation. 4. Aggrieved by the said order, this appeal is preferred in which it is mainly contended that appellant was a coolie and earning Rs.15,000/- per month. But the tribunal has taken only Rs.12,000/- per month as he was aged 32 years and working as coolie. He sustained fracture of both bones of right leg proximal 1/3rd. He was treated in the hospital for 12 days as an inpatient. But the Tribunal granted meager amount under the other heads and also not granted any amount under the head loss of amenities and thus requested for enhancement of the compensation. Learned counsel for respondent stated that the Tribunal considered all the aspects rightly and granted reasonable amount and it needs no interference. 5. Though it is stated that the petitioner was earning Rs.15,000/- per month he has not filed any income proof. As he met with an accident in the year 2014, income was taken as Rs.12,000 as per the chart - 4 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 prepared by the Karnataka State Legal Services Authority. Tribunal considering the fact that he was a coolie and aged 32 years has considered his income as Rs.12,000/- per month and observed that he might not have attended any other work at least for a period of 3 months and also granted Rs.36,000/- under the head loss of income during laid up period. 6. It is contended that the petitioner sustained fracture of both bones of right leg proximal 1/3rd but the petitioner has not examined the doctor. As such, the question of assessing the disability does not arise and he is not entitled for any compensation under the head loss of future earning capacity. So considering the period of hospitalization and nature of injuries, Tribunal already granted Rs.60,000/- for pain and suffering. But not granted any amount under the head loss of amenities. This Court finds it reasonable to grant Rs.50,000/- for loss of amenities and Rs.75,000/- towards pain and suffering. The Tribunal granted Rs.40,000/- for medical expenses - 5 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 and granted Rs.10,000/- for future medical expenses and it is confirmed. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,46,000/- to Rs.2,11,000/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Pain and suffering 75,000 2 Loss of amenities 50,000 3 Medical expenses 40,000 4 Loss of income during laid up period 36,000 5 Future medical expenses 10,000 Total 2,11,000 - 6 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 ii. The judgment and award dated 16.12.2015 passed in MVC No.896/2014 on the file of the II Additional District & Sessions Judge, Member, MACT-III, D.K., Mangaluru, is modified. iii. The claimant is entitled to a sum of Rs.2,11,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,46,000/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.65,000/- along with the interest at the rate of 6% p.a., within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:8696 MFA No. 5203 of 2016 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 08.11.2017 the delay of 114 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 79