- 1 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6790 OF 2025 (MV-I) BETWEEN: SRI. SHANKAR RAO NOW AGED ABOUT 58 YEARS NO. 4234 (NEW NO. 20/1) 19TH MAIN ROAD, A BLOCK, NEAR ARALIMARA, 2ND STAGE, RAJAJINAGARA SRIRAMPURAM BENGALURU - 560021 …APPELLANT (BY SRI. GIRI MALLAIAH.,ADVOCATE) AND: 1. SRI. THE NEW INDIA ASSURANCE COMPANY LTD., MAHALAKSHMI CHAMBERS T.P.HUB, NO. 9/2, 2ND FLOOR, M.G.ROAD, BENGALURU - 560001 BY ITS MANAGER 2. SMT. SUJTHA BALAKRISHNA W/O K K BALAKRISHNA MAJOR SRI ANNAPORNESHWARI TRANSPORT, HORANADU ROAD KALASA - 577124 CHIKKAMAGALURU DISTRICT …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 (BY SRI. A.M.VENKATESH, ADVOCATE for R1; VIDE ORDER DATED 16.09.2025, NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2025 PASSED IN MVC NO.1602/2024 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 09.06.2025 passed in MVC No.1602/2024 on the file of the XXI Addl. Small Cause Judge and MACT, Bengaluru (SCCH-23), for enhancement of the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1/Insurance - 3 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,84,800/- 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. The claimant mainly contended that he sustained grievous injuries and multiple fractures, which are grievous in nature and was admitted in hospital for 38 days in a span of 7 months. He examined the doctor as PW-2. The doctor assessed the disability of 55.85% to right lower limb, 16.71% to left lower limb and 31.09% disability to the whole body. The Tribunal granted meager amounts under the other heads. The petitioner has produced his driving licence at Ex.P11 and clearly shows that he had licence to drive heavy vehicles. 4. Learned counsel for respondent No.1–Insurance Company submitted that the Tribunal has already considered all - 4 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 the facts and awarded just and reasonable compensation, which needs no interference. 5. The petitioner/injured claimant stated that he was earning Rs.25,000/- per month by working as a driver. He has not produced any proof of his income. Therefore, as he met with an accident in the year 2023, his notional income is to be taken at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As he was aged 58 years and the applicable multiplier is '9'. The petitioner also examined doctor as PW-2 and the petitioner has sustained the following injuries: a. 5x3 cm lacerated wound over medial aspect of right leg distally. b. Crepitus, tenderness, swelling and deformity right leg. c. Abnormal mobility right leg distally. d. Swelling and tenderness over left leg. e. Grazed abrasion over anterior aspect of left leg with deformity and abnormal mobility. f. Left shoulder swelling and tenderness with loss of deltoid contour. g. X ray right leg showed both bones fracture - Type 2 open injury. h. X ray left leg showed both bones fracture. i. X ray left shoulder showed anterior dislocation. - 5 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 It is also submitted that he underwent closed reduction of left shoulder followed by immobilization on same day of admission. Closed reduction with IM nail for left tibia and ORIF with plate and screws for fibula was done on 04.01.2024. Same day open reduction and internal fixation (ORIF) right fibula and ankle spanning external fixator for tibial fracture. He was discharged on 12.01.2024. Later he was on regular follow up in OPD. He underwent external fixator removal right leg in OPD during the month of April, 2024. He was readmitted on 11.07.2024 for maluniting fracture right tibia and fibula. He underwent implant removal right fibula and replating with plate and screws with plating of distal tibia with bone graft from right iliac crest on 20.07.2024. Later he was on a regular follow up in OPD. The doctor stated that the petitioner has sustained total permanent physical disability of 55.85% to right lower limb, 16.71% to left lower limb and 31.09% disability to the whole body. It is further stated that he has to undergo one more surgery for removal of implants for which he may require Rs.25,000/- for each side with separate admissions. Total disability is 55.85% + 16.71% = 72.56%. This Court finds it reasonable to take 1/3rd of the same at 24%. But the Tribunal has taken disability at 18% without any basis and is set aside. As the disability is more than 20%, he is also entitled for 10% towards future prospects is to be added. Accordingly, the loss of future earning capacity comes to Rs.4,56,192/- (Rs.16,000 - 6 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 +10% × 12 × 9 × 24%). The petitioner met with an accident on 29.12.2023. The discharge summary indicates that the petitioner was treated as an inpatient from 30.12.2023 to 21.01.2024 and he re-admitted in the hospital from 11.07.2024 for non-union of the fracture and as such he underwent implant removal of fibular plate on 20.07.2024. Therefore, the petitioner might not have attended to any other work at least for a period of eight months. Therefore, a sum of Rs.1,28,000/- (Rs.16,000 × 8) is awarded towards loss of income during the laid-up period. He is also entitled for Rs.50,000/- for future medical expenses as per the evidence of the doctor. The Tribunal granted Rs.45,600/- towards attendance charges, extra nutritious food and conveyance charges, which is confirmed. The amount awarded towards pain and sufferings and loss of future amenities and happiness is appropriate and does not call for interference. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.8,43,992/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 09.06.2025 passed in MVC No.1602/2024 on the file of the XXI Addl. Small Cause Judge and MACT, Bengaluru (SCCH-23) is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 80,000 2. Towards loss of amenities 50,000 3. Towards transportation, extra nourishment and attendant charges 45,600 4. Towards loss of income during laid up period 1,28,000 5. Towards loss of future earning capacity 4,56,192 6. Medical expenses 34,200 7. Future medical expenses 50,000 Total 8,43,992/- - 8 - HC-KAR NC: 2026:KHC:18236 MFA No. 6790 of 2025 iii. The claimant is entitled to a sum of Rs.8,43,992/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,48,800/- granted by the tribunal. iv. Respondent No.2/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.2,95,192/- 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 AG List No.: 1 Sl No.: 53