- 1 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2554 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2553 OF 2025 (MV-I) IN MFA No.2554/2025 BETWEEN: SHRI. GANGAHDARAIAH S/O GANGAIAH NOW AGED ABOUT 53 YEARS R/AT HOSAPALYA VILLAGE MAGADI TALUK RAMANAGARA DISTRICT-52111. …APPELLANT (BY SRI. CHANDRASHEKARAIAH B., ADVOCATE) AND: 1. MR. SHABBER KHAN S/O ANWAR BASHA MAJOR RESIDING AT SHANTHEMAVATHURU VILLAGE KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572 130. 2. UNITED INDIA INSURANCE COMPANY LTD., D.O.NO, 6TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU-560 001 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 BY ITS MANAGER. …RESPONDENTS (BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R.2; VIDE COURT ORDER DATED 28.08.2025 NOTICE TO R.1 IS DISPENSED WITH.) THIS MFA FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.09.2022 PASSED IN MVC NO.6929/2019, PASSED BY THE COURT III ADDITIONAL JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU AND PRAYS FOR ENHANCEMENT OF COMPENSATION. IN MFA NO.2553/2025 BETWEEN: SMT. GAYATHRI D/O GANGADHARAIAH AGED ABOUT 25 YEARS R/AT HOSAPALYA VILLAGE MAGADI TALUK RAMANAGARA DISTRICT-52111. ...APPELLANT (BY SRI. CHANDRASHEKARAIAH B., ADVOCATE) AND:[[ 1. MR. SHABBER KHAN S/O ANWAR BASHA MAJOR RESIDING AT SHANTHEMAVATHURU VILLAGE - 3 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 KASABA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT-572 130. 2. UNITED INDIA INSURANCE COMPANY LTD., D.O.NO, 6TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU-560 001 BY ITS MANAGER. ...RESPONDENTS (BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R.2; VIDE COURT ORDER DATED 20.08.2025 NOTICE TO R.1 IS DISPENSED WITH) THIS MFA FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 21.09.2022 PASSED IN MVC NO.6928/2019, PASSED BY THE COURT III ADDITIONAL JUDGE AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU AND PRAYS FOR ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 ORAL JUDGMENT In MFA No.2554/2025: Heard the arguments of both sides. 2. The Tribunal passed a common judgment and award dated 21.09.2022 in MVC Nos.6928/2019 and 6929/2019. MFA No.2554/2025 is filed against the judgment and award passed in MVC No.6929/2019 by the III Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (hereinafter referred to as 'the Tribunal'), seeking enhancement of compensation. 3. The injured/claimant met with an accident on 27.07.2019 and filed claim petition claiming compensation of Rs.25,00,000/-. Tribunal considered the entire evidence on record, granted an amount of Rs.1,17,973/- with interest at the rate of 6% per month from the date of petition till the date of deposit. Aggrieved by the said judgment and award, the appellant preferred this appeal and mainly contented that the he sustained grievous injuries and was hospitalized as an inpatient for 11 days. He spent huge amount for medical - 5 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 expenses. He was aged 47 years doing labour work and thus requested for enhancement of the compensation. 4. Learned counsel for respondent no.2 stated that the appellant has not examined the doctor. 5. The appellant sustained the following injuries, which are grievous in nature: "1. Lacerated wound over right little finger 1x1 cms 2. Open fracture of 5th metacarpal and 5th finger proximal phalynx right hand X-ray shows 5th finger proximal phalynx fracture with 5th metacarpal fracture with extensor injury" 6. The appellant was hospitalised for 11 days and incurred Rs.23,973/- as per Ex.P15 and P16 and the said amount is already granted by the Tribunal and it is confirmed. The appellant has not examined his doctor as such the question of assessing the disability does not arise. The Tribunal granted Rs.14,000/- towards income during laid up period. So this is confirmed. The Tribunal granted Rs.40,000 for pain and suffering and Rs.30,000 for loss of amenities and it is confirmed. The appellant is entitled for Rs.30,000/- for transportation, extra nourishment and attendant charges. The - 6 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 appellant might not have attended any other work at least for three months. Therefore, Rs.42,000/- (Rs.14,000/- x 3) is to be granted under the head loss of income during laid up period. 7. Thus, in all components awarded by this Court are as below: Sl. No. Particulars Amount (Rs.) 1. Pain and suffering Rs.40,000/- 2. Loss of income during laid-up period and rest period Rs.42,000/- 3. Medical expenses Rs.23,973/- 4. Attendant, nourishment and conveyance charges Rs.30,000/- 5. Loss of future income NIL 6. Loss of amenities Rs.30,000/- 7. Future medication NIL Total Rs.1,65,973/- Tribunal awarded Rs.1,17,973/- Enhanced amount Rs.48,000/- 8. Therefore, the compensation is enhanced to Rs.48,000/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. 9. The insurance company has already deposited the awarded amount before the Tribunal. Therefore, respondent - 7 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 no.2 is directed to deposit the enhanced compensation of Rs.48,000/- with interest at the rate of 6% per annum. 10. In the result, I pass the following: O R D E R i. Miscellaneous First Appeal allowed in-part. ii. Judgment and award dated 21.09.2022 passed in M.V.C.No.6929/2019 on the file of III Addl. Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru is modified; iii. The appellant-claimant is entitled for enhanced compensation of Rs.48,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization; iv. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.48,000/- with interest at the rate of 6% per annum within one month from the date of this order; v. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same; - 8 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 vi. The appellant is not entitled for interest for delayed period of 834 days as per the order on I.A.No.2/2025 dated 13.02.2026. In MFA No.2553/2025: Heard the arguments of both sides. 2. This appeal is filed against the judgment and award passed in MVC No.6928/2019 dated 21.09.2022. The injured/claimant met with an accident on 27.07.2019 and filed claim petition claiming compensation of Rs.25,00,000/-. Tribunal considered the entire evidence on record, granted an amount of Rs.4,46,342/- with interest at the rate of 6% per month from the date of petition till the date of deposit. Aggrieved by the said judgment and award, the appellant preferred this appeal and mainly contented that the she sustained grievous injuries and was hospitalized as an inpatient for 07 days. She spent huge amount for medical expenses. She was aged 19 years doing labour work and the amounts granted under the other heads is on lower side and thus requested for enhancement of the compensation. 3. As per wound certificate, appellant sustained the following injuries: - 9 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 "1. Lacerated wound over right knee joint 3x1 cms 2. tenderness present over right ankle, right talus fractures 3. Swelling present over right ankle X-ray shows comminuted fracture distal end of radius left wrist." 4. Out of which, first injury is simple and the rest are grievous in nature. The appellant also examined doctor as PW3. He has stated that she underwent internal fixation of medical malleolus, restriction of joint movements of right ankle, plantar dorsiflexion 20D normal 0-70D, difficulty to squat on floor, climb upstairs walk on slope, kneel, stand of effected limb, as per radial examination report shown fractures united implants in situ. The appellant is having permanent physical disability of 30% of the right leg and 15% of the whole body and it is further stated that she requires another surgery for the molecular implants. But the Tribunal has taken the disability as 10%. Tribunal has rightly considered one third of 30% as 10% disability and this Court finds no reason to interfere with the same. The appellant met with accident in the year 2019 and has not filed any document to prove the income. Therefore, Tribunal has rightly considered the notional income as - 10 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 Rs.14,000/- per month as per the chart and it makes no difference. She was aged 19 years and the multiplier is to be taken as 18. Therefore, granted Rs.3,02,400/- (Rs.14,000/- x 12 x 18 x 10%) towards loss of future earning income and also granted Rs.24,942/- for medical expenses and it is confirmed. She was hospitalised for a period of 07 days. So considering the nature of injuries, her occupation, period of hospitalisation and other relevant factors, this Court finds it is enough to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The appellant might not have attended any other work at least for three months due to the injuries sustained in the accident, therefore, Rs.42,000/- (Rs.14,000x3) is awarded for loss of income during laid up period and the Tribunal has already granted Rs.20,000/- for future medical expenses and it is confirmed. 5. Thus, in all components awarded by this Court are as below: - 11 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 Sl. No. Particulars Amount (Rs.) 1. Pain and suffering Rs.60,000/- 2. Loss of income during laid-up period and rest period Rs.42,000/- 3. Medical expenses Rs.24,942/- 4. Attendant, nourishment and conveyance charges Rs.30,000/- 5. Loss of future income Rs.3,02,400/- 6. Loss of amenities Rs.30,000/- 7. Future medication Rs.20,000/- Total Rs.5,09,342/- Tribunal awarded Rs.4,46,342/- Enhanced amount Rs.63,000/- 6. Therefore, the compensation is enhanced to Rs.5,09,342/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. 7. The insurance company has already deposited the awarded amount before the Tribunal. Therefore, respondent no.2 is directed to deposit the enhanced compensation of Rs.63,000/- with interest at the rate of 6% per annum. 8. In the result, I pass the following: O R D E R i. Miscellaneous First Appeal allowed in-part. ii. Judgment and award dated 21.09.2022 passed in M.V.C.No.6928/2019 on the file of - 12 - HC-KAR NC: 2026:KHC:8956 MFA No. 2554 of 2025 C/W MFA No. 2553 of 2025 III Addl. Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru is modified; iii. The appellant-claimant is entitled for enhanced compensation of Rs.63,000/- along with interest at the rate of 6% per annum from the date of petition till the date of realization; iv. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.63,000/- with interest at the rate of 6% per annum within one month from the date of this order; v. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same; vi. The appellant is not entitled for interest for delayed period of 834 days as per the order on I.A.No.1/2025 dated 13.02.2026. SD/- (P SREE SUDHA) JUDGE TMP/PGG