- 1 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 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. 4508 OF 2025 (MV-I) BETWEEN: THIMMARAYAPPA K S/O. LATE KARIMARAIAH, AGED ABOUT 66 YEARS, R/AT NO. BHUDIHAL, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: 1. RAJASHEKAR H.H, S/O. HANUMANTHARAYAPPA, AGED MAJOR, R/AT. LAKKENAHALLI, KULUVANAHALLI POST, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. 2. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., R/AT. 2ND FLOOR, SHANKARNARAYAN BUILDING, MG ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 02.09.2025, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 15.01.2025 PASSED IN MVC NO. 4973/2021 ON THE FILE OF THE IV ADDITIONAL JUDGE AND MACT, ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-6, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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 15.01.2025 passed in MVC No.4973/2021 on the file of the IV Additional Judge and MACT, ACJM, Court of Small Causes, Bengaluru, SCCH-6, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 3. The petitioner/injured claimant met with an accident on 11.10.2021 and filed petition before the Tribunal for compensation of Rs.25,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.10,75,110/- 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 Tribunal has awarded meagre amounts under the other heads. Though the doctor-PW.3 assessed the disability at 10% to the whole body, the Tribunal erred in taking the same at 5%. It is further contended that interest is to be granted at the rate of 9% per annum. Therefore, requested for enhancement of the compensation. 4. It is stated that the petitioner/injured was aged 63 years and was working as a coolie as well as an agriculturist, earning Rs.25,000/- per month. But he has not filed any income proof. As he met with an accident in the year 2021, this Court finds it reasonable to take his notional income as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As the petitioner/injured was aged 63 years, the multiplier is to be - 4 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 taken as '7'. As per Ex.P.3-wound certificate the petitioner/injured sustained the following injuries, which are grievous in nature: "1. Abrasion wound over the right eyebrow and right ankle. 2. Head injury." 5. Ex.P.12-discharge summary reveals that the petitioner/injured was admitted in the hospital for eight days. The petitioner/injured was also examined the doctor as PW.3 and he stated that CT brain revealed right temporal lobe small contusion, repeat CT done on 12.10.2021 revealed large right capsule ganglionic hematome and intubated in view of low GCS score and underwent right fronto temporo parietal craniotomy and evacuation of hematoma. He further stated that the petitioner complains of weakness in left hand and leg, examination revealed a conscious patient with an operative scar on the right side of head, petitioner had impaired memory and cognition, spastic weakness on left side with a power of around 4/5 and taking excessively and irrelevantly. PW.3 assessed the whole body disability at 10%. The Tribunal has taken the functional disability at 5% without any basis. - 5 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 Considering the medical evidence, this Court finds it reasonable to take the disability at 10%. Accordingly, the loss of future earning capacity comes to Rs.1,26,000/- (15,000x12x7x10%). The amounts granted under other heads are confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 1,00,000/- 2. Towards medical expenses 7,62,110/- 3. Towards loss of future amenities and happiness 25,000/- 4. Towards attendant charges, extra nutritious food and conveyance charges 50,000/- 5. Towards loss of income during laid up period 75,000/- 6. Towards loss of future earning capacity 1,26,000/- Total 11,38,110/- - 6 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.11,38,110/- 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 15.01.2025 passed in MVC No.4973/2021 on the file of the IV Additional Judge and MACT, ACJM, Court of Small Causes, Bengaluru, SCCH-6, is modified. iii. The claimant is entitled to a sum of Rs.11,38,110/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.10,75,110/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit - 7 - HC-KAR NC: 2026:KHC:8501 MFA No. 4508 of 2025 the enhanced compensation of Rs.63,000/- 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 AMA List No.: 1 Sl No.: 96