- 1 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6664 OF 2025 (MV-I) BETWEEN: GAUTHAM B, S/O S. BHAGAVAN, AGED ABOUT 26 YEARS, R/AT NO.394, 8TH CROSS, SWARNASANDRA, MANDYA CITY - 571 403. …APPELLANT (BY SRI. SREENIVASAN M Y., ADVOCATE) AND: 1. PRIME MOVER MOBILITY TECHNOLOGIES PRIVATE LIMITED, NO.50/1, BESIDE MANTRI, ESPANA DEVARABISANAHALLI, BENGALURU - 560 103. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., 1ST FLOOR, MYSORE TRADE CENTRE, OPP TO KSRTC BUS STAND, MYSORE - 570 001. …RESPONDENTS (BY SRI. B. C. SHIVANNE GOWDA., ADVOCATE FOR R2; V/O/D 10.09.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 31.01.2024 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 NO.1638/2020 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 31.01.2024 passed in MVC No.1638/2020 on the file of the II Additional Senior Civil Judge and Member, MACT, Mandya, 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:13886 MFA No. 6664 of 2025 3. The petitioner/injured claimant met with an accident on 21.10.2020 and filed petition before the Tribunal for compensation of Rs.40,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.9,63,800/- 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 Ex.P.5 is the wound certificate, which shows that the petitioner/injured sustained grievous injuries. The doctor who treated the petitioner has been examined as CW.1 and Ex.C.14 is the disability certificate, wherein the doctor assessed the disability at 36% to the right knee and 18% to the right elbow. But the Tribunal has taken the disability only at 12%, which is on the lower side. The petitioner/injured was studying 4th year Engineering at the time of the accident. But the Tribunal considered his notional income at Rs.10,000/- per month. In fact, he was studying B.E., 7th Semester at the time of the accident and had backlogs - 4 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 due to the accident. But no amount has been granted under the head loss of education. It is further contended that the petitioner requires another surgery, which would cost Rs.1,05,000/-. But the Tribunal has awarded only Rs.15,000/- under the future medical expenses. The Tribunal has granted meager amounts under other heads. Therefore, requested for enhancement of the compensation. 4. The petitioner/injured was aged 21 years and was studying 4th year Engineering at Ghousia Engineering College, Ramanagar, at the time of the accident. As he has not produced any proof of income and the accident occurred in the year 2020, his notional income is taken at Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 21 years and therefore, the applicable multiplier is ‘18’. The doctor-CW.1 stated that the petitioner/injured had sustained fracture of the right femur and right elbow LCL ligament avulsion fracture and - 5 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 he had undergone surgery. The doctor assessed the disability at 36% to the right lower limb and 18% to the right upper limb. The total disability thus comes to 54% and 1/3rd of the same comes to 18% to the whole body. But the Tribunal has taken the disability at 12% without any basis. It is also stated that the fracture of the right elbow has not united, whereas there is union of the right femur fracture. Therefore, considering the medical evidence on record, this Court finds it reasonable to take disability at 18%. Accordingly, the loss of future earning capacity comes to Rs.5,63,760/- (Rs.14,500 × 12 × 18 × 18%). The Tribunal has granted Rs.6,09,600/- towards medical expenses, as per Exs.P.10 to P12, 18, 19 and 22 and the said amount is confirmed. The petitioner was hospitalized for a period of 8 days. Considering the nature of injuries, period of hospitalization, other relevant factors and age of the petitioner, this Court finds it reasonable to grant Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and - 6 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 Rs.30,000/- towards transportation, extra nourishment and attendant charges. CW.1 has stated that the petitioner/injured requires another surgery for removal of implants and the estimated cost of the surgery is Rs.1,05,000/-. Therefore, this Court finds it reasonable to grant Rs.40,000/- towards future medical expenses. 5. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Towards medical expenses 6,09,600/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of amenities 30,000/- 5. Towards future medical expenses 40,000/- 6. Towards loss of future earning capacity 5,63,760/- Total 13,33,360/- - 7 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.13,33,360/- 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 31.01.2024 passed in MVC No.1638/2020 on the file of the II Additional Senior Civil Judge and Member, MACT, Mandya, is modified. iii. The claimant is entitled to a sum of Rs.13,33,360/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,63,800/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 8 - HC-KAR NC: 2026:KHC:13886 MFA No. 6664 of 2025 No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.3,69,560/- 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. vi. On 06.03.2026, the delay of 491 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 26