- 1 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2686 OF 2024 (MV-I) BETWEEN: KRISHNA S/O CHAMARASAIAH AGED ABOUT 49 YEARS, R/AT NO.79, DARASAGUPPE VILLAGE, K SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. …APPELLANT (BY SRI. SREENIVASAN M.Y, ADVOCATE) AND: 1. R. SRIDHAR S/O RAMALINGAIAH, MAJOR, R/AT NO. 11/3, HOSAKEREHALLI WEST ROAD, BENGALURU - 560 300. 2. THE MANAGER IFFCO TOKIYO GENERAL INSURANCE CO. LTD., R/AT NO.846, NEW KANTHARAJ URS ROAD, AKSHAYA BANDAR, KUVEMPUNAGARA MYSURU - 570 005. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2; VIDE ORDER DATED 29.01.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2023 PASSED IN MVC NO.1394/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 17.11.2023 passed in MVC No.1394/2020 on the file of the Additional Senior Civil Judge and MACT, Srirangapatna, for enhancing the 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 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 3. The petitioner/injured claimant met with an accident on 16.10.2020 and filed the claim petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,03,200/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured has sustained a disability of 77%. But the Tribunal has erred in taking the disability at only 26% and has failed to consider the disability of 39% as stated by CW-1 as well as 1/3rddisability of 34% as assessed by CW-2. As per the wound certificate, the petitioner sustained grievous injuries. He spent huge amount towards medical expenses and was hospitalised as an inpatient for six days and the amounts granted under the other heads are meagre. Therefore, requested for enhancement of compensation. 4. The petitioner stated that he was working as a coolie and earning Rs.20,000/- per month, but he has not - 4 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 filed any income proof. As he met with an accident in the year 2020, his notional income is to be taken at Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 55 years, as per Ex.P.5 and the applicable multiplier is ‘11’. The petitioner/injured sustained the following injuries, as per Ex.P.5-wound certificate, which are grievous in nature: 1. Multiple abrasion over the face c nasal bleeding. 2. Pain and swelling over the lower 1/3rd of left leg c deformity. 5. The petitioner/injured also examined two doctors as CW.1 and CW.2. The doctors stated that on examination of petitioner GCS=15/15 facial odema, left leg painful movement. CT Brain done on 16.10.2020 showed acute subdurial heamotoma with cerebral odema with fracture of facial bone, he was treated conservatively for head injury. It is also mentioned that the - 5 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 petitioner/injured complains of headache, giddiness, impaired memory, increased irritability, inability to work under sun light of head injury and assessed the disability at 39% to the whole body, as it is a neurological disorder. CW.2-Orthopedic Surgeon stated that he found that the tibia and fubula were fractured and while MS CT Brain was done it is found thin acute SDH, mild cerebroal odema, # anteriar wall of maxillary sinus, medial wall of CRH orbit and both nasal bones. On 17.10.2020 facial bone ORIF with plate and screw and closed reduction of nasal bone # done and assessed the disability at 38% to the left lower limb. The total disability comes to 77% (39%+38%). Considering the nature of injuries, this Court finds it reasonable to take the disability at 30%. Accordingly, loss of future earning capacity comes to Rs.5,74,200/- (14,500x12x11x30%). The petitioner/injured was hospitalized for a period of six days. The Tribunal has granted a sum of Rs.1,00,560/- towards medical expenses and it is confirmed. Considering the nature of - 6 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- towards pain and suffering and Rs.50,000/- towards loss of amenities. The petitioner might not have attended any other work at least for a period of three months. Therefore, Rs.43,500/- (14,500 x 3) is awarded towards loss of income during laid-up period. This Court finds it reasonable to grant an amount of Rs.20,000/- towards transportation, extra nourishment and attendant charges. In view of the medical evidence, this Court also finds it reasonable to grant an amount of Rs.25,000/- towards future medical expenses. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.8,73,260 /- 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. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2 Towards medical expenses 1,00,560 /- 3 Towards loss of amenities 50,000/- 4 Towards transportation, extra nourishment and attendant charges 20,000/- 5 Towards loss of income during laid up period 43,500/- 6 Towards future medical expenses 25,000/- 7. Towards loss of future earning capacity 5,74,200/- Total 8,73,260/- - 8 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 ii. The judgment and award dated 17.11.2023 passed in MVC No.1394/2020 on the file of the Additional Senior Civil Judge and MACT, Srirangapatna, is modified. iii. The claimant is entitled to a sum of Rs.8,73,260/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.7,03,200/- 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.1,70,060/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:7187 MFA No. 2686 of 2024 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 59