- 1 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3353 OF 2025 (MV-I) BETWEEN: SRI NAGARAJA S/O MAHESHWARAPPA. D.C., NOW AGED ABOUT 23 YEARS, R/A KANAGONDANAHALLI VILLAGE, DAVANAGERE TALUK DISTRICT. …APPELLANT (BY SRI. RAGHU R.,ADVOCATE) AND: 1. SRI ANJANEYA S/O PARASAPPA, NOW AGED ABOUT 50 YEARS, R/A KAGATHURU VILLLAGE, CHANNAGIRI TALUK-577213 DAVANAGERE DISTRICT. 2. SRI. B.J. MRUTHYUNJAYA, S/O B.M. GURAPPA, R/A KALLESHWARA NILAYA, NOW AGED ABOUT 65 YEARS, AMOGHA LAYOUT, BANK COLONY, CHITRADURGA CITY-577501 ADDITIONAL ADDRESS, GANESHA LAYOUT, NEAR KSRTC BUS STAND, DAVANAGERE-577001 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 3. THE CLAIMS MANAGER, IFFCO-TOKIO GEN. INS. CO. LTD., LAWYER ROAD, PLD BANK BUILDING, DAVANAGERE CITY- 577001 …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R3; VIDE ORDER DATED 03.06.2025 NOTICE TO R1 & R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.01.2025 PASSED IN MVC NO. 437/2023 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-VI, DAVANAGERE, 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 by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 23.01.2025 passed in MVC No.437/2023 on the file of the II Addl. Senior Civil Judge and Addl.MACT-VI, Davanagere for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 2. Heard the arguments of learned counsel for the appellant and respondent No.3. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The brief facts of the case are that the petitioner/injured claimant met with an accident on 02.04.2023. He had filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.4,88,618/- with interest at the rate of 6% p.a., from the date of petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Petitioner sustained grievous injuries and was admitted in the hospital for a period of 17 days. The petitioner was an agricultural coolie and earning Rs.20,000/- per month. But the Tribunal has taken the income on the lower side and amounts granted under other heads are also on the lower side. Therefore, requested for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 5. Though petitioner stated that he was earning Rs.20,000/- per month he has not filed any income proof. He met with an accident in the year 2023. Therefore, this Court finds it appropriate to take the notional income at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 21 years and the multiplier applicable is '18'. 6. Ex.P9 is the Wound Certificate. The petitioner examined Doctor as PW-2 - Ortho Trauma, Reconstructive surgeon. The petitioner/injured sustained the following injuries, which are grievous in nature: i. Crush injury of foot with fracture of 3, 4, 5 metartasal with tendon injury. ii. He underwent treatment for the same in the form of K-wire fixation of the fracture and later followed by skin grafting and after discharge he was following the concerned surgeon and with us on out patient basis. iii. On examination there is tenderness present over 3rd 4th 5th metartarsal of the right foot. Movements of the right ankle is painful and restricted like flexion, extension, eversion, restriction of right ankle joint. Fracture if 3rd 4th and 5th metatarsal X-ray shows main union with callus formation and pain. - 5 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 7. The doctor assessed the disability of 35% for the right leg and of the whole body as 11.6%. The Tribunal has rightly considered one third of 35% as 11.6% and the petitioner requested to take the same as 12%. So the loss of future earning capacity comes to Rs.16,000x12x18x12%= Rs.4,14,720/-. The Tribunal granted Rs.70,250/- towards medical expenses as per Ex-P15 and the said amount is confirmed. He was admitted in the hospital for a period of 17 days, considering the nature of injuries and period of hospitalization, his occupation and other relevant factors, this Court deems it appropriate to award Rs.30,000/- towards 'loss of amenities'. The petitioner/injured might not have attended to his work for a period of three months. Therefore, this Court finds it reasonable to grant a sum of Rs.48,000/- (Rs.16,000x3) towards loss of income during the laid-up period. Amounts granted under other heads is confirmed. 8. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,52,970/- 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. ii. The judgment and award dated 23.01.2025 passed in MVC No.437/2023 on the file of the II Additional Senior Civil Judge and Addl.MACT-VI, Davanagere, is modified. Particulars Amount in Rs. Loss of future income on account of permanent disability 4,14,720 Pain and suffering 60,000 Loss of income during laid up period 48,000 Loss of amenities 30,000 Transportation, Attendant charges, diet, nourishment and conveyance 30,000 Medical expenses 70,250 Total 6,52,970 - 7 - HC-KAR NC: 2026:KHC:18235 MFA No. 3353 of 2025 iii. The claimant is entitled to a sum of Rs.6,52,970/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,88,618/- granted by the Tribunal. iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,64,352/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AG List No.: 1 Sl No.: 52