- 1 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3288 OF 2024 (MV-I) BETWEEN: SRI.NAGESH S/O PUTTABASAVAIAH AGED ABOUT 36 YEAR NO.1, 18TH CROSS BHUVANESHWARINAGAR MAGADI ROAD, K P AGRAHARA BANGALORE- 560023 …APPELLANT (BY SRI. GIRIMALLAIAH., ADVOCATE) AND: 1. IFFCO TOKIO GENERAL INSURANCE COMPANY LTD., SHANTHI TOWERS, 5TH FLOOR NO.141, 3RD MAIN, EAST OF N G E F LAYOUT, KASHTURINAGAR, BENGALURU- 560043 BY ITS MANAGER 2. MR MURALI RAO N S S/O SHYAM RAO MAJOR (AGE OF R-2 NOT KNOWN TO APPELLANT) NO.234, 4TH MAIN, 7TH CROSS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 JSS LAYOUT, CHANDAPURA AENKAL TALUK-562106 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SRI. SHANKARA REDDY C., ADVOCATE FOR R1; V/O DATED 15.04.2026, NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2024 PASSED IN MVC NO. 1223/2020 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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 by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the common judgment and award dated 2.02.2024 passed in MVC No.1223/2020, MVC No.2027/2020 to 2030/2020 by the Member, MACT, XVI Addl.Judge Court - 3 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 of Small Causes, Bengaluru ( for short, 'the Tribunal') seeking enhancement of compensation in M.V.C. No.1223/2020. 2. The injured claimant met with a road traffic accident on 21.01.2020 and thereafter filed a claim petition claiming compensation of Rs.20,00,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.6,75,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant preferred present appeal , contending that, petitioner sustained fracture injuries which are grievous in nature and he was admitted in the hospital for a period of 58 days. He examined the doctor who assessed the disability of the upper limb as 43% and whole body as 14.33%. But the Tribunal granted meagre amount under the other - 4 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 heads and thus, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel appearing for the parties and perused the records. 5. Though it is stated that the petitioner was working as silver work designer and earning Rs.30,000/- per month, he has not produced any income proof to substantiate the same. As he met with an accident in the year 2020, the Tribunal has rightly considered the notional income at Rs.14,500/- per month as per the Chart prepared by the Karnataka State Legal Services Authority. He was aged 32 years and the multiplier is '16'. 6. Ex.P.5 is the wound certificate and discharge summery is three in nos. Exs.P.7a, 7b and 7c. Petitioner also examined doctor as P.W.6, he is an Orthopaedic surgeon and he stated that petitioner sustained fracture of both bone forearm and he took treatment in the hospital and he underwent debridement and later got admitted to - 5 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 Tanmay hospital where he underwent ORIF which DCP plating. He noted the following points: = Range of movements of left elbow and wrist restricted. = arm and forearm wasting is seen = Associated with pain of right elbow and wrist = Daily activities lifting wt and combing and other coordinated activities were found to be difficulty in left upper limb and assessed the disability of the left upper limb as 43% to the whole body =43/3 = 14.33%. Therefore, this Court finds it reasonable to take 1/3 of 43% i.e. 14%. Accordingly, the loss of earning capacity comes to Rs.3,89,760/- ( Rs.14,500 X 12 X 16 X 14%). 7. The Tribunal granted Rs.2,70,900/- towards medical expenses and the said amount is confirmed. The petitioner/injured was admitted as an inpatient for a period of 58 days. Considering the nature of injuries, the period of hospitalization, occupation of the petitioner and - 6 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 other relevant factors, this Court finds it reasonable to grant Rs.1,00,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.60,000/- towards transportation, extra nourishment, and attendant charges. The petitioner/injured might not have attended to any work for a period of six months. Therefore, a sum of Rs.87,000/- (14,500 × 6) is awarded towards loss of income during the laid-up period. The doctor further stated that he requires another surgery in form of implant removal and estimated approximate cost of Rs.25,000/- and this court finds it reasonable to grant Rs.25,000/- as future medical expenses. 8. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.9,82,660/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 1,00,000/- 2. Towards loss of future earning capacity 3,89,760/- 3. Towards medical expenses 2,70,900/- 4. Towards loss of amenities 50,000/- 5. Towards transportation, extra nourishment and attendant charges 60,000/- 6. Towards loss of income during laid up period 87,000/- 7. Towards Future Medical Expenses 25,000/- Total 9,82,660/- - 8 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 ii. The judgment and award dated 02.02.2024 passed in MVC No.1223/2020 on the file of the Motor Vehicles Accident Claims Tribunal, Member-MACT, XVI Addl., Judge, Court of Small Causes, Bangalore City, SCCH-14, Bangalore,is modified. iii. The claimant is entitled to a sum of Rs. 9,82,660/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,75,000/- granted by the Tribunal. iv. The respondent No.1 Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1 is directed to deposit the enhanced compensation of Rs.3,07,660/- along with - 9 - HC-KAR NC: 2026:KHC:20673 MFA No. 3288 of 2024 the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 8