- 1 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6868 OF 2024 (MV-I) BETWEEN: MALLIKARJUNA M. K. S/O KOTRESHAPPA M. J. AGED 27 YEAR, OCC: AGRICULTURIST AND TRACTOR DRIVER, AT PRESENT NO WORK, R/O: MADANAHALLI, BILLICHODU POST, JAGALUR TALUK, DAVANGERE DIST - 577 002. …APPELLANT (BY SRI. SREE HARSHA A K., ADVOCATE) AND: 1. H.D.F.C. ERGO GEN INSU CO. LTD., REP BY ITS MANAGER, I.R.D.A.I RI.NO.115, REGISTERED CORPORATE OFFICE, 1ST FLOOR, H.D.F.C HOUSE, 165/166, BACKWAY RECLAMATION, HT PAREKH MARG, CHURCH GATE, MUMBAI - 400 020. REP BY THE BRANCH MANAGER, HDFC IRGO GEN INSU COM LTD., 1ST FLOOR, VIRUPAKSHA KRUPA, I.I.M.S. OPPOSITE MAINGATE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 P.B.ROAD, VIDYANAGAR, HUBLI - 580 009. 2. SRI RAMANJANAIAH, S/O NARAYANAPPA, AGED ABOUT 32 YEAR, (DRIVER OF TATA ACE VEHICLE BEARING REG.NO.KA-52/A-5321) R/O VENKATESHPURA, SIRAGATE (BHARATH M.D.S.) TUMKUR - 572 101. 3. SRI. KARIYAPPA D. @ KARIYAPPA DODDA KARIYAPPA, S/O DODDA KARIYAPPA, AGED ABOUT 40 YEARS, (OWNER OF TATA ACE VEHICLE BAERING REG. NO.KA-52/A-5321) R/O DOOR NO.34, 6TH CROSS, NEAR GANESH TEMPLE, (ISHWAR TEMPLE) MALLASANDRA, DASARAHALLI, BANGALORE NORTH, BANGALORE - 560 001. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N. A., ADVOCATE FOR SRI. B. PRADEEP., ADVOCATE FOR R1; V/O DTD 6/3/2026, NOTICE TO R2 AND R3 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.07.2024 PASSED IN MVC NO.223/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND IV MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM - 3 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 06.07.2024 passed in MVC No.223/2022 on the file of the Principal Senior Civil Judge and Member, MACT-IV, Davanagere, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. 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 14.01.2022 and filed petition before the Tribunal for compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted an amount of - 4 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 Rs.5,53,070/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured was aged 24 years and was doing agricultural work. He was also working as a tractor driver and earning Rs.20,000/- per month. He was hospitalized as an inpatient for 15 days. The doctor assessed the permanent disability at 30%. But the Tribunal has considered only 10% disability. The petitioner had produced Ex.P.19-driving licence to prove his age, but the Tribunal has not considered the same and taken the multiplier as ‘17’ instead of ‘18’. It is further stated that the amounts awarded under the other heads are meagre. Therefore, requested for enhancement of the compensation. 5. Though it is stated that the petitioner/injured was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As per the driving licence produced and marked as - 5 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 Ex.P.19, the petitioner was born in the year 1997 and met with the accident on 14.01.2022. Therefore, he was aged 24 years as on the date of the accident. Accordingly, the appropriate multiplier to be applied is ‘18’. The petitioner/injured sustained the following injuries: "1. Mandible fracture 2. Lacerated wound over the chin. Ex.P.8 is the wound certificate and he was treated with ORIF and fixation of with plates and screws. After discharge he was regularly following an outpatient basis. In the parasymphosyis (left) and angle of mandible. Mouth opening is painful and restricted unable to approximate teeth of upper and lower jaw. On examination: • Tenderness present over parasymphysis of mandible • Tenderness over angle of mandible • Occlusion is deranged • X-ray shows implant in situ with mal-union Opinion: • Mal-occlusion unable to approximate upper and lower jaw teeth 25% • Chronic pain interfering with restriction 5%." Therefore, the doctor assessed the permanent disability at 30% after clinical and radiological examination. The Tribunal - 6 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 has rightly considered 1/3rd of the same as 10% to the whole body. Accordingly, the loss of future earning capacity comes to Rs.3,34,800/- (15,500 × 12 × 18 × 10%). 6. The petitioner/injured has incurred Rs.1,16,869/- towards medical expenses and the said amount is confirmed. He was hospitalized for a period of 10 days. Considering the nature of the injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended any other work at least for a period of three months. Therefore, a sum of Rs.46,500/- (15,500x3) is awarded towards loss of income during the laid-up period. 7. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,08,169/- 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 06.07.2024 passed in MVC No.223/2022 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards medical expenses 1,16,869/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of amenities 30,000/- 5. Towards loss of income during laid up period 46,500/- 6. Towards loss of future earning capacity 3,34,800/- Total 6,08,169/- - 8 - HC-KAR NC: 2026:KHC:13884 MFA No. 6868 of 2024 Principal Senior Civil Judge and Member, MACT-IV, Davanagere, is modified. iii. The claimant is entitled to a sum of Rs.6,08,169/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,53,070/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.55,099/- 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 AMA/List No.: 1 Sl No.: 24