- 1 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1272 OF 2025 (MV-I) BETWEEN: SRI. SYED ZAIN S/O. SYED ASHRAF, AGED ABOUT 23 YEARS, R/AT NO. 13, 4TH A CROSS, NEAR AMB PUBLIC SCHOOL, KANAKANAGARA, BENGALURU - 560 032. …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD., T. P. CLAIMS HUB, 5TH AND 6TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU - 560 002, POLICY NO. 1709003121P110926923 PERIOD OF INSURANCE FROM 31/01/2022 TO 30/01/2023 2. THE PROPRIETOR MS CORE LOGISTICS COMPANY , NO.17, 2ND CROSS, NEW PETNOOL, PET, KALASIPALYAM, BENGALURU-560 018. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1 VIDE ORDER DATED 16.04.2026, NOTICE TO R2 D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.31.05.2024 PASSED IN MVC NO.1005/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THIS APPEAL, COMING ON FOR ORDERS, 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 the Motor Vehicles Act, 1988, challenging the judgment and award dated 31.05.2024 passed in MVC No.1005/2022, by the X Additional Judge and Court of Small Causes and Member, Motor Accident Claims Tribunal, Bengaluru (SCCH-16) (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 3. The injured claimant met with a road traffic accident on 08.02.2022 and filed a claim petition seeking compensation of Rs.30,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded compensation of Rs.10,93,128/- with interest @ 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the claimant preferred an appeal, contending that he underwent major surgery and was inpatient for more than 18 days. The Tribunal granted a meager amount under the other heads. The doctor assessed the disability at 51% to the right lower limb and 25.5% to the whole body, however the Tribunal considered the functional disability at 22%. It is further contended that the notional income of Rs.12,500/- is on the lower side. The claimant requires another surgery and the doctor has estimated the cost at Rs.1,00,000/-. It is also contended that a higher rate of interest ought to have been granted. Thus, requested for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 5. Learned counsel for the respondent submitted that the Tribunal has already taken the disability at 22% instead of 17%, therefore, the claimant is not entitled for future prospects. It is further contended that the amount awarded under the various heads are reasonable needs no interference. 6. It is stated that the appellant working as a food delivery boy and earning Rs.30,000/- per month, but no proof of income has been produced. As the accident occurred in the year 2022, the notional income was rightly taken by the Tribunal as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The appellant was aged 20 years and the applicable multiplier is '18'. 7. The appellant produced Ex.P4-wound certificate and Ex.P6-three discharge summary and also examined the orthopedic surgeon as PW-2. He deposed that the appellant sustained a post-traumatic degloving injury of - 5 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 the right foot with skin loss and an avulsion injury to the great toe, caused when the trunk ran over his right foot. 8. He was initially stabilized in the emergency ward and underwent surgery (wound debridement with K- wire fixation of the great toe) under spinal anesthesia on 10.02.2022. He was placed on VAC therapy dressing and discharged on 12.02.2022. Subsequently, he underwent debridement with free anterolateral thigh flap cover and skin grafting under spinal and epidural anesthesia on 23.02.2022. 9. The appellant was advised regular follow-up for wound care and flap dressing for six months and active physiotherapy after wound healing. He underwent flap debulking surgery on 10.11.2022 at WIPRA Clinic. He was advised to use pressure garments and modified footwear due to permanent deformity of the foot. 10. The doctor stated that the appellant has permanent deformity of the right foot and difficulty in movement of the right ankle joint and foot. He can walk - 6 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 with moderate difficulty using external support. The disability was assessed at 51% to the right lower limb and 25.5% to the whole body. 11. The doctor further opined that the appellant requires additional surgery for correction of deformity, including flap debulking, revision suturing, and nail bed grafting, with an estimated cost of Rs. 1,00,000/-. He clarified that treatment was carried out in two stages— initial debridement followed by flap cover and that no internal fixation was done except K-wire fixation. VAC therapy was administered for 10 days, followed by regular dressing for two months. The appellant was treated as an inpatient twice and advised specialized footwear. Improvement in muscle strength is possible with physiotherapy. 12. The Insurance Company has not preferred any appeal. Therefore, this Court finds it reasonable to confirm the disability of 22% taken by the Tribunal. As the disability is more than 20%, the appellant is entitled - 7 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 for future prospects as per the law laid down in MFA No.103807/2016 C/w 103835/2016, New India Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar and Others. The appellant is aged 20 years, he is entitled for 40% towards future prospects. Accordingly, the loss of future income comes to Rs.15,500/- + 40% x 12 x 18 x 22% = Rs.10,31,184/-. 13. The Tribunal has awarded Rs.2,22,168/- towards medical expenses and said amount is confirmed. 14. The appellant was hospitalized for period of 18 days. Considering the period of hospitalization and other relevant factors, the Tribunal awarded Rs.50,000/- towards pain and suffering, Rs.40,400/- towards transportation, extra nourishment and attended charges and Rs.20,000/- towards loss of amenities, said amounts are confirmed. 15. The appellant might not have attended any other work at least for a period of three months. Therefore, this Court finds it reasonable to grant an - 8 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 amount of Rs.46,500/- (Rs.15,500/- x 3 months) towards loss of income during the laid-up period. 16. The doctor estimated the cost of future surgery at Rs.1,00,000/-. This Court finds it is reasonable to award an amount of Rs.50,000/- under future medical expenses. 17. Thus, the compensation awarded by this Court is as follows: 18. The appellant/claimant is entitled to a total compensation of Rs.14,60,252/- as against Rs.10,93,128/- awarded by the Tribunal. The enhanced Particulars Amount in Rs. Loss of future earning capacity 10,31,184.00 Pain and suffering 50,000.00 Loss of amenities 20,000.00 Transportation, extra nourishment and attendant charges 40,400.00 Medical expenses 2,22,168.00 Loss of income during laid up period 46,500.00 Future medical expenses 50,000.00 Total 14,60,252.00 - 9 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 compensation works out to Rs.3,67,124/-. To this extent, the award passed by the Tribunal is modified. 19. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 31.05.2024 passed in MVC No.1005/2022, by the X Additional Judge and Court of Small Causes and Member, Motor Accident Claims Tribunal, Bengaluru (SCCH-16) is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.3,67,124/- 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, Insurance Company is directed to deposit enhanced - 10 - HC-KAR NC: 2026:KHC:20739 MFA No. 1272 of 2025 compensation of Rs.3,67,124/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 8