Sri Dinesh B S Vs the Manager Universal Sompo General Ins Co. Ltd.

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1 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF MARCH, 2026

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BEFORE

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THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3934 OF 2025 (MV-I)

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BETWEEN:

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SRI DINESH B.S. S/O SRINIVASA SHETTY AGED ABOUT 41 YEARS, R/AT NO.05, 1^ST FLOOR, 3^RD BLOCK, RISHALDAHAR STREET, POLICE QUARTERS SHESHADRIPURAM, BANGALORE - 560 020

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…APPELLANT

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(BY SRI. ANANDA K.S., ADVOCATE)

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AND:

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Digitally signed by SHARADAVANI B Location: High Court of Karnataka

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THE MANAGER UNIVERSAL SOMPO GENERAL INS CO. LTD, NO.7/3, KUD TOWERS, 2^ND FLOOR, OLD MADRAS ROAD, INDIRANGAR,

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BENGALURU - 560 038

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WEL CAB SERVICES, REPRESENTED BY ITS MANAGER, NO.1, 3^RD CROSS, NARAYANAREDDY ROAD, GOPAL REDDY LAYOUT, BANASWADI, BENGALURU-560043

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…RESPONDENTS

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(BY SRI. MALLIKARJUNAREDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1 VIDE ORDER DATED 10.09.2025, NOTICE TO R2 IS DISPENSED WITH)

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2 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 02.03.2024 PASSED IN MVC NO.4045/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES, MEMBER, MACT15, BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

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ORAL JUDGMENT

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Heard the arguments of both sides.

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This appeal is filed by the appellant/claimant

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under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 02.03.2024 passed in MVC No.4045/2020, by the XIII Additional Small Causes Judge, ACMM, Court of Small Causes and Member, MACT-15 at Bengaluru (SCCH-15) (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation.

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3 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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The injured claimant met with a road traffic accident on 05.06.2020 and filed a claim petition seeking compensation of Rs.13,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a global compensation of Rs.1,00,000/- with interest at 6% per annum from the date of petition till realization.

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Aggrieved by the said order, the claimant preferred an appeal and mainly contended that he sustained grievous injuries and was hospitalised as inpatient for eight days, as per Ex.P7. However, the Tribunal has awarded a meager amount of compensation and not granted compensation under various heads, granted interest at a lower rate and erred in awarding only global compensation. Therefore, the appellant seeks enhancement of compensation along with interest at the rate of 12% per annum.

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The appellant was aged 36 years at the time of

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the accident and was working as a Head Constable

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4 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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earning Rs.43,000/per month as per Ex.P-10. Admittedly, he continued in service even after the accident. Therefore, he is not entitled for compensation under the head 'loss of future earning capacity'.

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As per Ex.P5-wound certificate, the appellant sustained fracture of distal third of tibial and fibula of the right leg, which is grievous in nature. As per Ex.P-9, he incurred medical expenses of Rs.50,260/-. Though some bills were reimbursed under the Aarogya Bhagya Scheme, the actual expenditure supported by bills is Rs.50,260/-.

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Considering the nature of injures, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- towards 'pain and suffering', Rs.15,000/towards 'loss of amenities', Rs.30,000/- towards 'transportation, extra nourishment and attended charges' and Rs.50,260/towards medical expenses.

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Though the appellant/claimant has not produced documentary proof regarding leave, it is evident

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5 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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that due to the fracture injury and hospitalization, he might not have attended any work at least for a period of 20 days. Therefore, this Court finds it reasonable to grant an amount of Rs.28,660/- (Rs.1,433/- * 20 days) towards

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'loss of income during laid-up period'.

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Thus, the compensation awarded by this Court

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is as follows:

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Particulars	Amount in Rs.
Pain and suffering	30,000.00
Loss of amenities	15,000.00
Transportation, extra nourishment and attendant charges	30,000.00
Medicalexpenses	50,260.00
Loss of income during laid- up period	28,660.00
Total	1,53,920.00

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In summary, the appellant/claimant is entitled

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to a total compensation of Rs.1,53,920/- as against Rs.1,00,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.53,920/-. To this extent, the award passed by the Tribunal is modified.

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In the result, pass the following:

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6 - NC: 2026:KHC:15892 MFA No. 3934 of 2025

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HC-KAR

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ORDER

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i. The appeal is allowed in part.

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ii. The judgment and award dated 02.03.2024 passed in MVC No.4045/2020, by the XIII Additional Small Causes Judge, ACMM, Court of Small Causes and Member, MACT-15 at Bengaluru (SCCH-15), is hereby modified;

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iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,53,920/with interest at the rate of 6% per annum from the date of petition till its realization.

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iv. The policy was in existence at the time of the accident, however, the Insurance Company remained ex-parte before the Tribunal, and therefore, the amount has not been deposited. Accordingly, the Insurance Company is directed to deposit Rs.1,57,920/- along with interest at the

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