- 1 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5134 OF 2024 (MV-I) BETWEEN: 1. MADHUSUDAN K P, S/O PUTTARAJU, AGED ABOUT 36 YEARS, R/AT LIG 26, HOUSING BOARD, KHB COLONY, HOLENARASIPURA TOWN, HOLENARASIPURA. …APPELLANT (BY SRI.SHRIPAD V SHASTRI, ADVOCATE) AND: 1. V M DINESHA, S/O V K MANJUNATHA, AGED ABOUT 42 YEARS, R/AT NO. DALAVAYI ROAD, KARYALAYA EXTN., HOLENARASIPURA TOWN, HASSAN DISTRICT. 2. THE REGIONAL MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. L.T.D, SHREE SHANTHI TOWER, 5th FLOOR, NO. 141, 3RD MAIN ROAD, NGF LAYOUT, KASTURINAGAR, BENGALURU - 560 043. …RESPONDENTS (BY V/O/D 29.08.2025, NOTICE TO R1 D/W; SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.02.2024 PASSED IN MVC Digitally signed by KAVYA R Location: High court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 NO. 172/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPURA, 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 the Motor Vehicles Act, 1988, challenging the judgment and award dated 13.02.2024 passed in MVC.No.172/2022, by the Senior Civil Judge and JMFC, Holenarasipura, seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. Notice to respondent No.1 is dispensed with. 3. The petitioner/injured claimant met with an accident on 11.10.2021 and filed a petition before the Tribunal claiming compensation of Rs.25,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 Tribunal, after considering the entire evidence on record, granted compensation of Rs.4,85,704/- with interest at the rate of 6% p.a. from the date of filing of the petition till the date of realization. Being aggrieved by the said order, this appeal is preferred, in which it is mainly contented that the Tribunal granted a meagre amount under the other heads. He is suffering from 30% physical disability and he was hospitalized for a longer period, for a follow-up treatment. Therefore, he could not attend his work at least for a period of six months. His earnings are more than Rs.15,000/- per month. The Doctor opined that he requires one more surgery, and the cost of the surgery is Rs.55,000/-. Therefore, requested for enhancement of the compensation. 4. Thought, it is stated that the petitioner/injured was earning more than Rs.15,000/- per month, he has not produced any documentary proof of income. Since the accident occurred in the year 2021, his notional income is taken as Rs.15,000/- per month, as per the chart prepared - 4 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 by the Karnataka State Legal Services Authority. The petitioner/injured was aged 36 years and the applicable multiplier is ‘15’. He sustained the following injuries: "1. Right hip and knee movements restricted & pain full. 2. Patient is not able to walk for long distance. 3. Not able to lift the weight and walk. 4. Not able to squat. 5. X-ray taken and it shows fracture united." 5. The Doctor assessed the disability of the right lower limb at 30% and also stated that he requires one more surgery to remove the implant, and estimated cost of the surgery is Rs.55,000/-. The Tribunal has considered disability at 10% and the loss of future earning capacity comes to Rs.2,70,000/- (Rs.15,000x12x15x10%) and there is no dispute regarding the said amount. The petitioner was hospitalized as an inpatient for a period of 9 days, and the Tribunal granted medical expenses of Rs.1,65,704/- as per the relevant documents, and the said amount is confirmed. Considering the nature of injuries, the period of hospitalization, and other relevant factors, this Court finds it reasonable to grant a sum of - 5 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended any work for a period of three months. Therefore Rs.45,000/- is to be granted under the head loss of income during the laid- up period, and the petitioner/injured is also entitled to Rs.40,000/- for future medical expenses. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Loss of future earning capacity 2,70,000/- 2. Medical expenses 1,65,704/- 3. Pain and suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of income during the laid-up period 45,000/- 7. Future medical expenses 40,000/- Total 6,25,704/- - 6 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,25,704/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 13.02.2024 passed in MVC.No.172/2022 on the file of Senior Civil Judge and JMFC, Holenarasipura, is modified. iii. The claimant is entitled to a sum of Rs.6,25,704/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,85,704/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before - 7 - HC-KAR NC: 2026:KHC:14543 MFA No. 5134 of 2024 the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,40,000/- 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 KVR List No.: 1 Sl No.: 65