- 1 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4582 OF 2024(MV-I) BETWEEN: PRAMOD KUMAR S/O LATE RAMESH, AGED ABOUT 26 YEARS R/AT BYLAKUPPE VILLAGE, PERIYAPATTANA TALUK, MYSURU DISTRICT - 571 104. …APPELLANT (BY SRI. YOGESHA G.K., ADVOCATE) AND: 1. MANU S/O KRISHNEGOWDA, AGED ABOUT 23 YEARS R/AT ALANAHALLI VILLAGE, PERIYAPATTANA TALUK, MYSURU DISTRICT - 571 107. 2. ICICI GENERAL INSURANCE CO. LTD REP. BY BRANCH MANAGER NO.204, MYTHRI ARCADE, SARASWATHIPURAM, MYSURU - 570 009. AND ALSO AT NO.121, 9TH FLOOR, THE ESTATE, DICKENSON ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 M.G. ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DATED 05.02.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 12.12.2023 PASSED IN MVC NO.1815/2022 ON THE FILE OF THE COURT OF ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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 Heard the arguments of both sides. 2. This appeal is filed by the claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 12.12.2023 passed in MVC No.1815/2022, by the Additional Court of Small Causes and Senior Civil Judge and Motor Accident - 3 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 Claims Tribunal, Mysuru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured claimant, met with an accident on 12.08.2022 and filed claim petition claiming compensation of Rs.31,25,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.4,82,800/- with interest at the rate of 6% per annum from rate of petition till realization. 4. Aggrieved by the said award, this appeal is preferred in which it is mainly contented that the appellant examined the doctor as PW-2 and doctor assessed the disability at 33%, but the Tribunal has taken only at 10%. The amount granted by the Tribunal is inadequate and the amounts granted under the other heads are meager and thus requested for enhancement of the compensation. 5. Though it is stated that appellant was an agriculturalist and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as - 4 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 24 years and the applicable multiplier is '18'. 6. As per Ex.P-13-wound certificate the appellant sustained following injuries: a) Fracture of right leg both tibia and fibula; b) Abrasion over left foot-multiple measuring 2x1 c.m.; c) Abrasion over left forearm of measuring 3x3 c.m. 7. Out of which first one is grievous in nature and other two injuries are simple in nature. The appellant also examined the doctor as PW.2 and he stated that appellant underwent surgery for CRIF with tibia IMIL nail and SAB and then discharged on 15.08.2022, and assessed the disability of the right lower limb at 33%. The Tribunal has taken 10% without any basis one-third of 33% comes to 11%. The 'loss of future earning capacity' comes to Rs.15,500/-x12x18x11%=Rs.3,68,218/-. - 5 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 8. The Tribunal granted Rs.17,000/- towards 'medical expenses' and it is confirmed. The appellant was hospitalized for a period of three days. Considering the nature of injuries, period of hospitalization and other relevant facts, this Court finds it reasonable to grant an amount of Rs.30,000/- for 'transportation, extra nourishment and attendant charges'. Doctor stated that he requires another surgery for removal of the implants and estimated the cost of surgery as Rs.20,000/-. The Tribunal granted said amount towards 'future medical expenses' also granted Rs.40,000/- towards 'pain and suffering' and Rs.25,000/- towards 'loss of amenities' and it needs no interference. 9. The Tribunal also granted 'loss of income during laid-up period of two months i.e. Rs.31,000/- and it is reasonable. 10. Thus, the compensation awarded by this Court is as follows: - 6 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,31,280/- as against Rs.4,82,800/- awarded by the Tribunal. The enhanced compensation works out to Rs.48,480/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 3,68,280.00 Pain and suffering `40,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 31,000.00 Future medical expenses 20,000.00 Medical Bill 17,000.00 Total 5,31,280.00 - 7 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 ii. The judgment and award dated 12.12.2023 passed in MVC No.1815/2022, by the Additional Court of Small Causes and Senior Civil Judge and Motor Accident Claims Tribunal, Mysuru, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.48,480/-. (Rs.5,31,280/- minus Rs.4,82,800/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Company is directed to deposit enhanced compensation of Rs.48,480/- with interest rate of 6% per annum within one month from the release of such deposit. - 8 - HC-KAR NC: 2026:KHC:8319 MFA No. 4582 of 2024 v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TIN List No.: 1 Sl No.: 57