- 1 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6438 OF 2024 (MV-I) BETWEEN: GOPALAKRISHNA B S/O. BALASUBRAMANYAM, AGED ABOUT 35 YEARS, R/AT NO-31, BYRAKUR, MULBAGAL-TALUK, KOLAR-DISTRICT-563 131. …APPELLANT (BY SRI. P SURESH., ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., TP CLAIMS HUB, NO.9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS, M.G.ROAD, BANGALORE-560 001 BY ITS MANAGER 2. C.K. ABDUL LATHEEF S/O. KUNJU MOHAMMED, MAJOR IN AGE, R/AT PROPRIETOR, FOOD CONCEPTS, 2/12-A, CHERANELLOR, SIGNAL JUNCTION, ERNAKULAM, KERALA-682 034. …RESPONDENTS (BY SRI. ASHOK N. PATIL., ADVOCATE FOR SMT. PADMA S UTTUR, ADVOCATE FOR R1 (VK NOT FILED), V/O DATED 01.04.2026 NOTICE TO R2 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2024 PASSED IN MVC NO. 1296/2022 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-26 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 appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 26.02.2024 passed in MVC No.1296/2022 on the file of the XXIV Additional SCJ and ACMM, Member-MACT, Bengaluru, (SCCH-26), seeking enhancement of 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 06.02.2022 and filed petition before the - 3 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 Tribunal for claiming compensation of Rs.19,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,13,782/- 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 and mainly contended that the petitioner/injured was working as a Maintenance Executive at Kalyani Motors, Bengaluru, and was earning Rs.19,000/- per month. He sustained head injuries in the accident. The petitioner examined the doctor as PW.2 and he assessed the whole- body disability at 25%. But the Tribunal erred in taking the same as 8%. The amounts awarded by the Tribunal under other heads are meagre. Therefore, requested for enhancement of the compensation. 4. Learned counsel for the appellant stated that though the petitioner produced the pay slips under Ex.P.14, he did not examine the employer or any authorized person to prove his income. Therefore, the Tribunal has rightly taken the notional income at - 4 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 Rs.15,500/- per month, as he met with an accident in the year 2022 and the same is confirmed. The petitioner was aged 33 years and the relevant multiplier is ‘16’. The petitioner also produced Ex.P.10-wound certificate, Ex.P.11-discharge summary and Ex.P.12-lab reports and examined the doctor, a Consultant Neurosurgeon as PW.2. The doctor stated that the petitioner was initially intubated, given primary aid and was in altered sensorium with GCS- of E1V3M4, pupils: b/1 sluggishly reactive. CT Brain done on 07.02.2022 shows Comminuted displaced fracture of right temporal bone extending through the right petrous temporal bone and extending to mastoid air cells with fluid opacification in mastoid air cells and middle ear canal. EDH was seen along the right temporal convexity largest of size 5.7 mm. Subarachnoid Hemorrhage was seen in right ambient cistern. USG ABDOMEN with pelvis was done. Neuro ICU for further management and an erectx-ray abdomen was taken which showed large bowel distention and flatus tube was put in - 5 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 ICU for abdominal distention. He was treated with IV Fluid's, antibiotic, analgesic, anticonvulsant, and other supportive medications. Faltus tube was removed on 16th February and erect X-ray abdomen was done which showed improvement in bowel distention. Hyponatremia was corrected with 3% Nacl. He was advised to underfo Neuro psychology assessment, C. T brain plain. PW.2 assessed the whole-body disability at 25%. Considering the medical evidence on record, this Court finds it reasonable to take the disability at 25%. As the disability is more than 20% the petitioner is entitled for future prospects, as per the citation reported in New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022), as the petitioner was aged 33 years, he is entitled for 40% towards future prospects. Therefore, loss of future earning capacity is calculated as follows, Rs.15,500 + 40% X 12 X 16 X 20% = Rs.8,33,280/-. - 6 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 Tribunal had granted Rs.4,64,202/- towards medical expenses, as per Exs.P2 and P3 and the said amount is confirmed. The petitioner was hospitalized for a period of 12 days. Considering the nature of injuries, period of hospitalization this court finds it reasonable to allow an amount of Rs.75,000/- towards pain and suffer, Rs.50,000/- towards amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not and have attended any other work for a period of 4 months. Therefore, Rs.15,500 x 4 = Rs.62,000/- is to be granted under the loss of income during laid up period. 5. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 8,33,280 2 Pain and suffering 75,000 3 Loss of amenities 50,000 4 Transportation, extra 30,000 - 7 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.8,13,782/- to Rs.15,14,482/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 26.02.2024 passed in MVC No.1296/2022 on the file of the XXIV Additional SCJ and ACMM, Member-MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 15,14,482/- along with interest at 6% nourishment and attendant charges. 5 Loss of income during laid down period 62,000 6 Medical bills 4,64,202 Total 15,14,482 - 8 - HC-KAR NC: 2026:KHC:20553 MFA No. 6438 of 2024 p.a., from the date of petition till the date of realization, instead of Rs.8,13,782/- 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.7,00,700/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA,AKV CT:NR List No.: 1 Sl No.: 55