- 1 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3936 OF 2025(MV-I) BETWEEN: MOHAMMED YOUNUS @ MOHAMMED YOUNUS PASHA AGED ABOUT 32 YEARS, S/O MOHAMMED ASLAM, R/A. NO.1042, VIDYASAGAR, SARAIPALYA, TANISANDRA MAIN RAOD, BENGALURU - 560 077. …APPELLANT (BY SRI. D. NAGARAJA, ADVOCATE) AND: 1. M.S. SABIUR RAHUMAN MAJOR, S/O. M.O. SHAUL HAMEED, R/A. NO.108/26, LIG 6TH CROSS, KHB COLONY, 2nd STAGE, AGRAHARA DASARAHALLI, BENGALURU - 560 079. 2. LIBERTY GENERAL INSURANCE CO., LTD., NO.1, ALYASSA, 1st FLOOR REAR PORTION, OLD NO.28, NEW NO.23, RICHMOND ROAD, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 RICHMOND TOWN, BENGALURU-560 025, REP. BY ITS MANAGER …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R2; V/O DATED 09.09.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATE 09.12.2024 PASSED IN MVC NO.2735/2023 ON THE FILE OF THE XXIV ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU (SCCH-26), 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 under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 09.12.2024 passed in MVC No.2735/2023, by the XXIV Additional SCJ and ACJM, Member, Motor Accident Claims Tribunal, Bengaluru, (SCCH-26) - 3 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 08.04.2023 and filed a claim petition seeking compensation of Rs.25,00,000/-. The Tribunal, after considered the evidence on record, awarded a total compensation of Rs.6,99,930/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, the claimant has preferred the present appeal contending that the he was working as a driver and earning Rs.30,000/- per month. In support of his income, he produced Ex.P.16, a letter issued by his employer. He has also examined the doctor, who assessed the permanent disability of the right lower limb at 51% and the whole body at 17%. However, the Tribunal has considered the whole body disability at 12%, which according to the claimant, is on the lower side. It is further contended that the claimant sustained grievous injures and he was hospitalised for a - 4 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 period for fourteen days. Having regard to the medical evidence on record and the nature of injuries suffered, this Court finds it reasonable to consider one-third of 51% limb disability, which corresponds to 17% whole body disability, for the purpose of calculating 'loss of future earning capacity. It is also submitted that the claimant requires 6 to 8 months to recover from the injuries sustained. The Tribunal is stated to have awarded meager compensation under other various heads and thus requests for enhancement of the compensation. 5. Learned counsel for the respondent contended that PW-2 is not a treated doctor and therefore his evidence with regard to disability cannot be fully relied upon. The Tribunal, upon appreciation of the medical evidence, observed that the assessment of whole body disability at 17% was on higher side and accordingly taken only at 12%, which does not call for interference. - 5 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 6. It is further submitted that the appellant was working as a driver at CMM Hindustan Gold and earning Rs.30,000/- per month and produced Ex.16, said to have been issued by the employer, but he has not examined the authorized signatory of the said document before the Tribunal. Hence, the document is not sufficient to establish his actual income. Therefore, considering that the accident occurred in the year 2022, the Tribunal has rightly assessed the notional income at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. It is also submitted that the appellant was aged 30 years at the time of the accident and the appropriate multiplier applicable is ‘17’, which has been correctly adopted by the Tribunal. 7. As per the evidence of PW-4, the appellant sustained the following injuries: i. Comminuted open fracture of the right tibia along with fracture of the right fibula. ii. IMIL nailing for the tibia and ORIF for the fibula were performed on 15.04.2023. - 6 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 iii. The petitioner complains of persistent weakness and pain in the right leg, swelling, and inability to sit down, squat, or sit cross-legged. iv. He exhibits a limping gait, wasting of the right leg muscles, and restricted movements of the right knee and ankle. v. The recent X-ray of the right leg shows united fracture with implant in situ. PW-4-doctor has assessed the permanent physical disability of the right lower limb at 51% and the corresponding whole body disability at 17%. 8. The Tribunal has assessed the whole body disability at 12%. However, having regard to the medical evidence of PW-4, who has assessed the whole body disability at 17%, this Court finds it appropriate to take one-third of 51% i.e., 17%, towards disability. Therefore, loss of future earning capacity comes to Rs.16,000 x 12 x 17 x 17%=Rs.5,54,880/-. 9. The Tribunal has awarded sum of Rs.1,37,750/- towards medical expenses based on the bills and relevant documentary evidence produced on record. The Tribunal has also granted Rs.40,000/- towards loss of - 7 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 amenities. The said amounts are reasonable and it is confirmed. 10. The appellant was hospitalised for a period of 15 days. Considering the nature of injuries sustained and the period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering. Further, a sum of Rs.30,000/- is awarded towards transportation, extra nourishment and attendant charges. The claimant might not have attended any work least for a period of three months during the laid-up period. The Tribunal has awarded Rs.48,000/- towards loss of income during for a period of Rs.15,500 X 3, and the said amount is confirmed. 11. PW-4, the doctor stated that the appellant require another surgery in the future and estimated the cost of such surgery at Rs.60,000/-. The Tribunal, however, granted Rs.20,000/- towards future medical expenses and it is confirmed. - 8 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 12. Thus, the compensation awarded by this Court is as follows: 13. In summary, the appellant/claimant is entitled to a total compensation of Rs.8,80,630/- as against Rs.6,99,930/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,80,700/-. To this extent, the award passed by the Tribunal is modified. 14. In the result, pass the following: Particulars Amount in Rs. Loss of future earning capacity 5,54,880.00 Pain and suffering 50,000.00 Loss of amenities 40,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical bills 1,37,750.00 Loss of income during laid up period 48,000.00 Future medical expenses 20,000.00 Total 8,80,630.00 - 9 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 09.12.2024 passed in MVC No.2735/2023, by the XXIV Additional SCJ and ACJM, Member, Motor Accident Claims Tribunal, Bengaluru, (SCCH-26), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,80,700/-. (Rs.8,80,630/- minus Rs.6,99,930/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, he is directed to deposit enhanced compensation of Rs.1,80,700/- with interest rate of 6% within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:10861 MFA No. 3936 of 2025 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 TMP List No.: 1 Sl No.: 52