- 1 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1283 OF 2025 (MV-I) BETWEEN: CHANDREGOWDA S/O RAMEGOWDA AGED ABOUT 38 YEARS R/O BIDIRUMALEKOPPALU VILLAGE KASABA HOBLI ARAKALAGUD TALUK HASSAN-573 102 …APPELLANT (BY SRI. SANCHAN JAI NANDAN., ADVOCATE) AND: 1. KUMARA P J S/O LATE JAVAREGOWDA MAJOR R/AT- TEJURU KOPPALU VILLAGE KASABA HOBLI ARAKALAGUD TALUK PRESENTLY RESIDING AT: PRASANAHALLI VILLAGE SANTHEMARURU POST DODDAMAGGE HOBLI ARAKALAGUD TALUK HASSAN-573 102. 2. THE MANAGER, SHRIRAM GENERAL INSURANCE CO. LTD., E-8, EPIP, RICHO INDUSTRIAL AREA SITAPUR, JAIPUR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 RAJASTHAN-302 022. REPRESENTED BY THE MANAGER SHRIRAM GENERAL INSURANCE CO. LTD. NO.5, 3RD FLOOR BELAKALALI MAIN ROAD AKSHARA EYE HOSPITAL BUILDING BENGALURU- 76 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2, V/O DTD:24.02.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.11.2022 PASSED IN MVC NO. 967/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, 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 This appeal is filed against the judgment and award dated 03.11.2022 passed by the Senior Civil Judge and Member, MACT, Arakalagud, in MVC No.967 of 2020. 2. The injured claimant, aged 38 years, met with an accident on 31.10.2019, and filed a claim application claiming compensation of Rs.20,00,000/- with interest. The Tribunal, considering the entire evidence on record, granted the - 3 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 compensation of Rs.4,03,500/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the claimant in which it is mainly contended that he sustained fracture injuries which are grievous in nature. Exhibit P9 is the wound certificate and Exhibit P24 is the discharge summary and he examined doctor as C.W.1, who assessed the disability as 21.41%. He was admitted in the hospital as an inpatient for 5 days. The Tribunal granted meager amounts under the other heads and interest is to be granted at 12% per annum. Therefore, requested for enhancement of the compensation 4. Heard the arguments of learned counsel for both sides. 5. Petitioner stated that he was an agriculturist and doing milk vending business and earning Rs.30,000/- per month, but he has not filed any income proof. Though petitioner filed the record of rights document showing 10 guntas of land, it is in the name of his mother and not in his - 4 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 name. He failed to prove his income as he met with an accident in the year 2019, this Court finds it reasonable to take his notional income as Rs.14,000/- as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 36 years and the relevant multiplier is 15. 6. Petitioner also filed Exhibit P9-wound certificate and Exhibit P24-discharge summary. He filed other medical records and also examined doctor as C.W.1. The doctor has stated that petitioner sustained swelling, tenderness, deformity over right thigh associated with fracture of femur, pain over back associated with right sided SI dissociation. They are fresh and grievous in nature. He further stated that petitioner was operated under anesthesia and femur nailing was done. Then he assessed the total disability as 16% and the permanent partial disability to the right lower limb as 21.41%. So one third of the same comes to 7%. Thus, loss of future earning capacity comes to Rs.1,76,400/- (14,000 x 12 x 15 x 7%). Tribunal granted₹Rs.1,63,100/- towards medical expenses as per Exhibits P26 to P59 and the said amount is confirmed. - 5 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 7. Petitioner was admitted in the hospital for a period of 5 days. considering the nature of injuries, his age, occupation and the other relevant factors, the compensation granted by the Tribunal under pain and suffering and loss of amenities is just and reasonable and it is confirmed. The amount granted for food, diet, attendant, extra nourishment, conveyance and other incidental expenses is enhanced to Rs.30,000/-. Further, loss of income during the laid up period is granted for two months it comes to Rs.28,000/- (14,000 x 2). Thus, in all, the claimant is entitled for the compensation of Rs.4,77,500/- with interest at 6% per annum as against Rs.4,03,500/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 1,76,400/- 2. Medical expenses 1,63,100/- 3. Pain and Suffering 30,000/- 4. Loss of amenities 20,000/- 5. Food, diet, attendant, extra nourishment, conveyance and other 30,000/- - 6 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 incidental expenses 6. Loss of earning during the laid up period 28,000/- 7. Future medical expenses 30,000/- Total 4,77,500/- 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.4,77,500/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.74,000/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. - 7 - HC-KAR NC: 2026:KHC:22387 MFA No. 1283 of 2025 (v) In view of the order passed on 29.10.2025 on I.A. No.1/2025, the claimant is not entitled for interest for the delayed period of 741 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 69