- 1 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4662 OF 2025 BETWEEN: KARIVARADAIAH S/O. LATE THIMMARAYAPPA, AGE: 71 YEARS, R/AT. NO.115, T. BEGUR, T. BEGUR POST, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. N. R. RANGEGOWDA., ADVOCATE) AND: 1. UMESH K. M. S/O. MALLEGOWDA, AGE MAJOR, R/AT. KANCHANAHALLI, SATHENAHALLI POST, SHANTHIGRAMA HOBLI AND TALUK, HASSAN DISTRICT. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., MAHALAKSHMI CHAMBERS, 2ND FLOOR, M.G. ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI. K. NAGARAJAIAH., ADVOCATE FOR R2; NOTICE TO R1 IS D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.05.2025 PASSED IN MVC NO. 6359/2024 ON THE FILE OF THE XIV ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU (SCCH-10), 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant-claimant against the judgment and award of the Tribunal passed in MVC.No.6359/2024 dated 02.05.2025 by the XIV Additional Small causes Judge, ACJM & Member MACT, Bengaluru (SCCH-10). 3. One, Sri. Karivaradaiah, met with an accident on 23.06.2024 and filed claim petition claiming compensation of ₹5,50,000/-. The tribunal after considering the entire evidence on record, granted an amount of ₹90,000/- with simple interest at the rate of - 3 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 6% per annum from the date of petition till realization of entire compensation awarded. 4. Being aggrieved by the said judgment and award, appellant/claimant preferred an appeal and mainly contented that doctor assessed the disability of the right lower limb as 42% and whole body disability as 14%. But the tribunal has not granted any amount for loss of income during treatment period and amounts granted under the other heads is meager and thus requested for enhancement of the compensation. 5. The learned counsel of the respondent stated that as the petitioner is aged more than 70 years as per the decision held in Sarla Verma (Smt) and others vs. Delhi Transport Corporation and another reported in (2009) 6 Supreme Court Cases 121, he is not entitled for any amount under the head loss of future earning capacity and thus the tribunal has rightly not granted the amount under the said head and the amounts granted by the - 4 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 tribunal under other heads is just and reasonable and it needs no interference. 6. Though petitioner stated that he was earning ₹25,000/- per month he has not filed any income proof. As he met with an accident in the year 2024, his notional income is to be taken as 16,500 as per the chart prepared by Karnataka State Legal Services Authority. As he was aged 70 years multiplier is 5. 7. As per the evidence of PW.2, he sustained fracture of right superior and inferior pubic ramus and had mild limping gait, restricted right hip joint movements and thus PW.2 assessed the disability of right lower limb as 42% and that of the whole body as 14%. He was hospitalized for a period of 1 day. However considering his age, occupation and the nature of injuries sustained by him, this court finds it reasonable to grant an amount of ₹60,000/- towards pain and suffering. Tribunal has already granted ₹50,000/- towards loss of amenities and ₹5,000/- - 5 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 is granted for medical expenses and the said amounts are confirmed and this court also finds it reasonable to grant an amount of ₹30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 2 months. Therefore, loss of income during laid up period is ₹16,500 X 2 months is ₹33,000/-. 8. The total compensation comes to ₹60,000/- + ₹50,000/- + ₹5000/- + ₹30,000/- + ₹33,000/- = ₹1,78,000/-. 9. Thus, in all, the claimant is entitled for following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and Sufferings 60,000.00 2. Loss of amenities 50,000.00 3. Medical expenses 5,000.00 4. Transportation 30,000.00 5. Loss of income during laid up period 33,000.00 TOTAL 1,78,000/- - 6 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 10. The tribunal has awarded the compensation of ₹90,000/- but the appellant/claimant is entitled to total compensation of ₹1,78,000/-. Compensation is enhanced from ₹90,000/- to ₹1,78,000/-. 11. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.6359/2024 dated 02.05.2025 by the XIV Additional Small causes Judge, ACJM & Member MACT, Bengaluru is hereby modified holding that the claimant is entitled for enhanced total compensation of ₹1,78,000/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of ₹90,000/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of ₹88,000/- with interest within 1 month from the date of this order. On such deposit, petitioner is - 7 - HC-KAR NC: 2026:KHC:9099 MFA No. 4662 of 2025 permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE LDC List No.: 1 Sl No.: 75