IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5865 OF 2019 (MV-I)

BETWEEN:

MR. SYED RAFFIQ S/O SYED NISAR, AGED ABOUT 24 YEARS R/AT NO.338, 4^TH CROSS, 3^RD STAGE, 3^RD BLOCK, BASAVESHWARANAGAR, BENGALURU - 560 079 …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE)

AND:

Digitally signed by PADMASH REE 1. UNITED INDIA INSURANCE CO LTD SHEKHAR DESAI TP CLAIMS HUB, Location: High BY ITS MANAGER, Court Of Karnatka 5^TH AND 6^TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU - 560 002 2. MR. VENKATESH S S/O SRINIVASAMURTHY, R/AT SRI. LAKSHMIDEVI NILAYA, NO.1508, SRINIVASANAGAR, VIJAYANAGAR, BENGALURU - 560 072 …RESPONDENTS (BY SRI. NIKHIL J., ADVOCATE FOR, SMT. GEETHARAJ, ADVOCATE FOR R1, SRI. VASANTH RAJ, ADVOCATE FOR R2)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.02.2019 PASSED IN M.V.C.NO.4753/2018 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES & MEMBER, MACCT, BENGALURU [SCCH-21], 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 MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT

This appeal is filed by the appellants/claimants under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 25.02.2019 passed in MVC No.4753/2018 by the XVII Additional Judge, Court of Small Causes & Member, MACT, Mayo Hall Unit, Bengaluru (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation.

2. The injured claimant, aged 23 years met with an accident on 06.08.2018 and subsequently filed a claim petition before the Tribunal seeking compensation of Rs.25,00,000/-. The Tribunal after considering the entire evidence on record, awarded a sum of Rs.9,76,471/- (excluding future medical expenses of Rs.50,000/-) with interest at the rate of 6% per annum from the date of petition till realization. Being aggrieved by the said award, the appellant has preferred the present appeal.

3. Heard the arguments of both parties and perused the records.

4. It is contended that the petitioner/appellant sustained grievous injuries and the amount awarded under the head of 'pain and suffering' is meager. He incurred medical expenses of Rs.5,00,000/- but the Tribunal has granted only Rs.3,93,271/-. He was hospitalized for four days and even after discharge, he was advised to take rest. However, the Tribunal has awarded only Rs.10,000/- towards nourishment, conveyance and attendant charges, which is inadequate. Petitioner is aged about 22 years and had completed his B.E. and was offered employment at Access6 Technologies, Bengaluru, with a salary of Rs.1,80,000/- per annum. However, the Tribunal considered his monthly income as Rs.13,000/-, which is on the lower side, since the accident has occurred in the year 2018. PW-2 assessed the permanent disability at 15% to the whole body and PW-4 assessed it as 30%. But the Tribunal has taken only 15% disability. The petitioner suffered facial disfigurement and he is unable to continue with his job and eventually resigned it. It is submitted that the disability should be treated as 100% for 'loss of earning capacity' and the compensation be modified. He is unmarried and also lost his teeth, but no amount was awarded towards 'loss of marriage prospects'. Hence, he seeks enhancement of compensation.

5. It is further stated that petitioner/appellant was aged 22 years was working as an engineer in a private company. The appointment letter marked as Ex.P.17, shows his salary details. As per the appointment letter, he was entitled to an amount of Rs.2,00,000/- during the probation period.

6. The Tribunal considered his income as Rs.13,000/- per month this Court finds no reason to interfere with the said finding of the Tribunal.

7. Learned counsel for the appellant mainly contended that PW.4 assesse