- 1 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 664 OF 2025 (MV-I) BETWEEN: SURYA G, S/O GURU SIDDAPPA, AGED ABOUT 21 YEARS, RESIDING AT LINGAYATHARA BEEDI, DHANAGERE SARAGURU, KOLLEGAL (TQ), CHAMARAJANAGARA (D) - 571 440. …APPELLANT (BY SRI.SHANTHARAJ K., ADVOCATE) AND: 1. M/S THE SECRETARY, M/M HILLS, KOLLEGAL (TQ), CHAMARAJANAGARA (D) - 571 490. 2. M/S. THE EXECUTIVE OFFICER, SRI.MAHADESWARASWAMY DEVASTHANA, MAHAESHWARA HILLS, KOLLEGAL (TQ), CHAMARAJANAGARA (D) - 571 490. 3. THE MANAGER, UNITED INDIA INS. CO., LTD., MOTOR TP HUB, NO.1134, PRINCE OF WALES ROAD, BALLAL CIRCLE, CHAMARAJAPURAM, MYSORE - 570 005. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 (BY SRI.B. A. RAMAKRISHNA, ADVOCATE FOR R3; V/O/D 10.03.2026, NOTICE TO R1 & R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2024 PASSED IN MVC NO.1100/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, PARTLY ALLOWING THE CLAIM 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 common judgment and award dated 18.04.2024 passed in MVC Nos.1099/2022 and 1100/2022. However, MFA No.664/2025 is filed against the award passed in MVC No.1100/2022 on the file of the Judge, Additional Court of Small Causes and Motor Accidents Claims Tribunal, Mysuru, seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.3/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 14.05.2022 and filed petition before the Tribunal for compensation of Rs.40,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.18,22,000/- 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, this appeal is filed and mainly contended that the petitioner/injured was aged 18 years at the time of the accident. He was doing coolie work and earning Rs.25,000/- per month. But the Tribunal has taken his income as Rs.10,000/- per month, which is on the lower side. The petitioner/injured examined the doctor as PW.3, who stated that the petitioner had suffered an above-knee amputation and assessed the disability at 80% to the whole body. But the Tribunal instead of considering the functional disability as 100%, has taken it only at 40% and future prospects have also not been added. The petitioner/injured was hospitalized as an - 4 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 inpatient for 25 days and spent more than Rs.5,00,000/- towards medical expenses. But the Tribunal has granted meagre amount under the said head. Therefore, requested for enhancement of the compensation and the interest is to be granted at the rate of 12% per annum. 4. Though the petitioner/injured stated that he was earning Rs.25,000/- 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. The petitioner/injured was aged 18 years at the time of the accident and the applicable multiplier is ‘18’. The petitioner/injured also examined the doctor as PW.3 and he is treated doctor and a Consultant Plastic Surgeon. He stated that he had taken up surgery and done above-knee amputation. He further stated that the above-knee amputation stump was healthy and assessed the permanent disability at 80% in respect of the above-knee amputation up to lower one-third. He also stated that the petitioner/injured requires an artificial limb and the estimated cost of the same is between Rs.40,000/- and Rs.50,000/-. Considering the medical evidence - 5 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 and the fact that it is a case of amputation, this Court finds it reasonable to take the disability at 80%. The petitioner/injured is also entitled to future prospects at the rate of 40%. Accordingly, the loss of future earning capacity comes to Rs.37,49,760/- (15,500 + 40% × 12 × 18 × 80%). The petitioner/injured was hospitalized for 25 days. The Tribunal has granted a sum of Rs.2,78,000/- towards medical expenses as per Ex.P.16 and the said amount is confirmed. The Tribunal has also granted Rs.2,00,000/- towards pain and suffering, Rs.3,00,000/- towards loss of amenities and marriage prospects and Rs.1,50,000/- towards transportation, nourishment, attendant charges and miscellaneous expenses and the said amounts are confirmed. Further, a sum of Rs.30,000/- has been granted towards future medical expenses. As the petitioner/injured requires an artificial limb which needs to be replaced periodically, this Court finds it reasonable to grant a sum of Rs.2,00,000/- towards future medical expenses. 5. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.48,77,760/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 18.04.2024 passed in MVC No.1100/2022 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 2,00,000/- 2. Towards medical expenses 2,78,000/- 3. Towards loss of amenities and marriage prospectus 3,00,000/- 4. Towards transportation, nourishment, attendant and miscellaneous expenditure 1,50,000/- 5. Towards future medical expenses 2,00,000/- 6. Towards loss of future earning capacity 37,49,760/- Total 48,77,760/- - 7 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 Judge, Additional Court of Small Causes and Motor Accidents Claims Tribunal, Mysuru, is modified. iii. The claimant is entitled to a sum of Rs.48,77,760/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.18,22,000/- granted by the Tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.30,55,760/- 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. vi. On 10.03.2026, the delay of 177 days is condoned by this Court on the condition that - 8 - HC-KAR NC: 2026:KHC:14164 MFA No. 664 of 2025 the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.3 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 8