- 1 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6084 OF 2024(MV-I) BETWEEN: P. SIVA PRASAD @ P SIVA PRASAD REDDY, S/O P REDDAPPA REDDY AGED ABOUT 22 YEARS, NATIVE OF 1-68, KOGILERU, VTC PEDDAPANJANI PO - KALLUPALLE, DIST CHITTOOR, ANDHRA PRADESH-517408. PRESENTLY R/AT NO.3, 4TH CROSS, GAYATHRI LAYOUT K R PURAM, BANGALORE EAST-560036. …APPELLANT (BY SRI. SURESH P.,ADVOCATE) AND: 1. ICICI LOMBARD GENERAL INSURANCE CO. LTD., BY ITS MANAGER BANGALORE OFFICE, 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M G ROAD, BANGALORE-560042. 2. T SREEKANTH REDDY S/O THONDAMANATI RAGHUNATH REDDY MAJOR IN AGE, R/AT 3RD MAIN SUBHASH NAGAR, BHATTARAHALLI K. R. PURAM, BANGALORE-560036. …RESPONDENTS (BY SRI. KRISHNA KISHORE S., ADVOCATE FOR R1; Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 V/O. DATED 20/02/2025, NOTICE TO R2-DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2024 PASSED IN MVC NO. 1377/2021 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, 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 against the judgment and award dated 08.01.2024 passed by the VII Additional SCJ and ACMM, Member, MACT-3, Bengaluru, in MVC No.1377 of 2021. 2. The injured claimant, aged 19 years, met with an accident on 16.01.2021, and filed a claim application claiming compensation of Rs.12,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.3,41,086/- with interest at the rate of 6% per annum from the date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 3. Aggrieved by the said order, this appeal is preferred by the petitioner-claimant in which it is mainly contended that he was working as a labour and earning Rs.18,000/- per month. He sustained grievous injuries and was hospitalized for a period of 5 days. The petitioner examined doctor as P.W.2 and the doctor assessed the disability of the right lower limb as 48% and the whole body as 16%, but the Tribunal erred in taking the disability as 10%. The amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Though it is stated that petitioner was earning Rs.18,000/- per month, he has not filed any proof of income. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 19 years and the multiplier is 18. - 4 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 6. Exhibit P9 is the wound certificate. Petitioner sustained grievous injuries and also examined doctor as PW2, an orthopaedic surgeon, and he stated that petitioner sustained Grade 2 open isolated middle 1/3rd tibia fracture right side. He has assessed disability and noted that healed surgical scar mark over right knee ankle, mild swelling of right leg, ankle, altered pigmentation over the surgical scar mark, thickening of bones right leg felt, range of movements of right knee and ankle, restricted, daily activities cross leg sitting, squatting for using Indian toilets were found to be difficulty. The Xray shows fracture united with implant in situ. That the petitioner complained of inability to walk on plain surface, walk on slope, climb the steps, stand on both legs and on affected leg, squat, sit on cross leg and knees and inability to turn, and assessed the disability of the right lower limb as 48% and of the whole body as 16%. He further stated that the petitioner requires one more surgery for removal of the implants and estimated the cost of the surgery is Rs.20,000/-. Therefore, this Court finds it reasonable to take the disability as 16%. (one third of 48%). Thus, the loss of future earning capacity comes to Rs.5,18,400/- (15,000 x 12 x 18 x16%). - 5 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 7. Petitioner took treatment in a government hospital and as such, the tribunal granted Rs.2,835/- towards medical expenses as per Exhibit P10 and Exhibit P11 and it is confirmed. He was hospitalized for a period of 5 days. Considering the nature of injuries, period of hospitalisation and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any work at least for a period of 3 months. Therefore, Rs.45,000/- (15,000 x 3) is granted under the head loss of income during laid up period. The petitioner is also entitled for Rs.20,000/- towards future medical expenses. The total compensation comes to Rs.6,91,235/-. 8. Thus, in all, the claimant is entitled for the compensation of Rs.6,74,997/- with interest at 6% per annum as against Rs.3,93,551/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 5,18,400/- 2. Medical expenses 2,835/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 45,000/- 7. Future medical expenses 20,000/- Total 6,91,235/- 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The appellant is entitled for the total compensation of Rs.6,91,235/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of - 7 - HC-KAR NC: 2026:KHC:16061 MFA No. 6084 of 2024 Rs.3,50,149/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS List No.: 1 Sl No.: 71