- 1 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5059 OF 2025 (MV-I) BETWEEN: B ABHISHEKGOWDA S/O BETTAIAH, NOW AGED ABOUT 31 YEARS, R/A NO. 59, MARUTHI NAGAR, LALAPURA, KASABA HOBLI, KUNIGAL TALUK. APPELLANT (BY SRI. RAGHU R.,ADVOCATE) AND: 1. G. LAKSHMANAGOWDA MAJOR, S/O GANGAIAH, R/A NO.5, 5TH CROSS, HEGGANAHALLI, BENGALURU- 560091. 2. THE MANAGER, TATA AIG GEN. INS. CO. LTD., OFFICE 2ND FLOOR, J.P. AND DEVI JAMBUKESHWARA ARCADE, NO.69, MILLERS ROAD, BENGALURU- 560052. RESPONDENTS (BY SRI. JANARDHANA REDDY .,ADVOCATE FOR R2; V/O DTD 03.11.2025 NOTICE TO R1 IS DISPENSED WITH.) THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 19.03.2022 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 NO.3051/2019 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. 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 19.03.2022 passed in MVC.No.3051/2019 on the file of the learned IX ASCJ, Small Causes and Additional MACT, Bengaluru (SCCH-7), seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 21.03.2019 and filed the claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence - 3 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 on record granted an amount of Rs.5,16,423/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner was doing electrical work and earning Rs.20,000/- per month. The Tribunal granted meager amounts under the other heads and interest is to be granted at the higher rate and thus requested for enhancement of compensation. 4. Though the petitioner stated that he was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2019, this Court finds it reasonable to take his notional income as Rs.14,000/- per month as per chart prepared by the Karnataka State Legal Services Authority. He was aged 25 years and the relevant multiplier is '18'. The petitioner filed Ex.P5 wound certificate and Ex.P7 discharge summary. He also examined doctor PW.2, he is an orthopedic surgeon, he stated that the petitioner sustained fracture of both bones right forearm, fracture of right femur. He underwent internal fixation of right radius ulna and femur. He complained pain in right forearm and right femur difficulty to squat on floor, climb upstairs, walk on slope - 4 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 difficulty to lift weight over the head with right upper limb difficult to do routine activities. Radiological examination shows fracture united with implants in situ. The doctor assessed permanent physical disability of 22% of right lower limb, 24% of right upper limb and 19% of whole body. He further stated that he needs one more surgery for removal of implants. The Tribunal has rightly considered 1/3rd of 46% as 15% of the permanent physical disability. So, this Court finds no reason to interfere with the said order. The loss of future earning capacity comes to Rs.14,000/- X 12 X 15% =Rs.4,53,600/-. The Tribunal has granted an amount of Rs.72,423/- towards medical expenses as per Ex.P8 and the said amount is confirmed. He was admitted in the hospital for a period of 15 days. Considering the natural of injuries, period of hospitalization and other relevant factors this Court finds it reasonable to grant an amount of Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, food, extra nourishment and attendant charges. The petitioner might not have worked at least for a period of three months due to the injuries sustained in the accident therefore, Rs.42,000/- is to be - 5 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 granted towards loss of income during laid up period. The Tribunal has granted Rs.20,000/- future medical expenses and it is confirmed. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,18,023/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 19.03.2022 passed in MVC.No.3051/2019 on the file of the learned IX Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Medical expenses 72,423/- 3. Future medical expenses 20,000/- 4. Towards loss of amenities 30,000/- 5. Towards food, nourishment and attendant charges 40,000/- 6. Towards loss of income during laid up period 42,000/- 7. Towards future earning capacity 4,53,600/- Total 7,18,023/- - 6 - HC-KAR NC: 2026:KHC:23590 MFA No. 5059 of 2025 ASCJ, Small Causes and Additional MACT, Bengaluru (SCCH-7), is modified. iii. The claimant is entitled to a sum of Rs.7,18,023/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,16,423/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,01,600/- 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 PNV - List No.: 1 Sl No.: 76