- 1 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5970 OF 2024 (MV- I) BETWEEN: SRI SARAVANA G., S/O GANESH, AGED ABOUT 54 YEARS, NO.93/1, 3RD MAIN, 3RD CROSS, SONNENAHALLI, FURTHER EXTENSION, VIVEKANAGAR POST, BENGALURU - 560 047. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE, T.P. HUB, KRISH BHAVAN, 6TH FLOOR, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001, BY ITS MANAGER. 2. SRI. SRINIVAS MURTHY S/O LATE VENKATAPPA, MAJOR, (AGE OF R-2 NOT KNOWN TO THE APPELLANT) NO.136, 7TH CROSS, WILSON GARDEN, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 BENGALURU - 560 027. …RESPONDENTS (BY SRI. GIRIMALLAIAH, ADVOCATE FOR SRI. G.S. MARULAIAH, ADVOCATE FOR R1; V/O DATED 22.10.2024 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2024 PASSED IN MVC NO.1733/2023 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-24), 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 03.06.2024 passed in MVC No.1733/2020, by the XXII Additional SCJ and ACMM, Member, Motor Accident Claims Tribunal, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 3. The injured claimant met with a road traffic accident on 15.11.2022 and filed a claim petition seeking compensation of Rs.20,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.4,39,174/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the appellant preferred an appeal and mainly contented that appellant sustained grievous injuries and was hospitalized for a period of 15 days as an inpatient and he has examined the doctor as PW.2. Doctors assessed the physical disability to the lower limb as 42% and that of the whole-body at 14%, he spent huge amount towards 'medical expenses'. The appellant was aged 53 years working as autorikshaw driver and earning Rs.30,000/- per month, but the Tribunal granted meager amounts under the other heads and inadequate compensation and thus requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 5. Though it is stated that the appellant was earning Rs.30,000/- 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/-, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 53 years and the applicable multiplier is '11'. 6. As per the medical evidence, he sustained working as orthopedic surgeon. He sustained the following injuries: i. He underwent surgery in form of ORIF with plate and screws and K-wires and discharge on 01.12.2022. ii. Post traumatic type-2 open left bimalleolar ankle fracture; iii. X-ray shows fracture malunited at media malleoli with implant in situ. - 5 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 7. The appellant assessed the permanent physical disability of the limb at 42% and that of the whole-body at 14%. Learned counsel for the appellant further stated that the doctor also stated that he requires another surgery for removal of the implants and approximate cost of the surgery is Rs.20,000/-. The Tribunal has taken one-third of 42% at 14% disability and it needs no interference. The Tribunal granted 'loss of future income' as Rs.15,500/- x12x11x14%=Rs.2,86,440/- and also granted Rs.16,734/- towards 'medical expenses' as per Ex.P-11 and it is confirmed. 8. The appellant is hospitalized for a period of 15 days. Considering the nature of injuries and period of hospitalization and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.30,000/- towards 'loss of amenities' and Rs.30,000 towards 'transportation, extra management and attendant charges'. The appellant might not have attended any other office for a period of four - 6 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 months Rs.15,500x4=Rs.62,000/- under the head 'loss of income during laid-up period'. The doctor estimated the cost of future surgery as Rs.20,000/-. Therefore, this Court finds it reasonable to grant an amount of Rs.20,000/- for 'future medical expenses'. 9. Thus, the compensation awarded by this Court is as follows: 10. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,20,174/- as against Rs.4,39,174/- awarded by the Tribunal. The enhanced Particulars Amount in Rs. Loss of future earning capacity 2,86,440.00 Pain and suffering 75,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 62,000.00 Future medical expenses 20,000.00 Medical Bills 16,734.00 Total 5,20,174.00 - 7 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 compensation works out to Rs.81,000/-. To this extent, the award passed by the Tribunal is modified. 11. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 03.06.2024 passed in MVC No.1733/2020, by the XXII Additional SCJ and ACMM, Member, Motor Accident Claims Tribunal, Bengaluru, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.81,000/- (Rs.5,20,174/- minus Rs.4,39,174/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Company is directed to deposit enhanced compensation - 8 - HC-KAR NC: 2026:KHC:8320 MFA No. 5970 of 2024 of Rs.81,000/- with interest rate of 6% per annum within one month from the release of such deposit. v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TIN List No.: 1 Sl No.: 59