- 1 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3848 OF 2025(MV-I) BETWEEN: SOMAYYA S/O. GADAGAYYA SWAMI AGED ABOUT 27 YEARS RESIDING AT HEBBAGODI, ANEKAL, BENGALURU URBAN. NATIVE PLACE: KUDAKI, KALABURAGI, KARNATAKA. …APPELLANT (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. TAMILARASI S., W/O.SHANKAR NO.3/135, PILLAIYAR KOIL STREET, AMANI KONDALAMPATTY, SALEM, TAMIL NADU - 636 010. 2. THE MANAGER, THE NEW INDIA ASSURANCE COMPANY LTD., D.O:3, NO.9/2, MAHALAKSHMI CHAMBERS, 2ND FLOOR, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI.S.V. SUDHAKAR REDDY, ADVOCATE FOR R2; V/O DATED 10.06.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.11.2024 PASSED IN MVC NO.6369/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, BENGALURU SCCH-5, 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 appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 19.11.2024 passed in MVC Nos.6369/2022 and 6368/2022 by the VIII Additional Judge, Court of Small Causes and - 3 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 ACJM, Bengaluru (hereinafter referred to as 'the Tribunal' for short). The present appeal arises out of MVC No.6369/2022 and is filed seeking enhancement of compensation. 3. The claimant met with a road traffic accident on 22.10.2022 and filed a claim petition claiming compensation of Rs.1,00,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.19,07,097/- with interest rate of 6% per annum from date of petition till realisation. 4. Aggrieved by the said order, the claimant/appellant has preferred the present appeal contending that he was working as a fabricator and earning Rs.30,000/- per month. However, the Tribunal has taken a lesser income. The doctor examined as PW.6 assessed the disability of the pelvis and left lower limb at 59% and the whole body disability at 30%. It is further contended that the claimant has been permanently affected and has become crippled for the rest of his life. - 4 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 The Tribunal has granted meager compensation under various heads. The claimant was treated as an inpatient for 92 days on three occasions. It is also contended that his future marital life has been affected and that he is unable to stand properly. Therefore, the appellant seeks enhancement of compensation. 5. It is stated that the claimant was aged 24 years and working as a fabricator, earning Rs.30,000/- per month. However, no documentary proof of income has been produced. Since the accident occurred in the year 2022, the notional income as per the chart prepared by the Karnataka State Legal Services Authority is to be considered at Rs.15,500/- per month. As per Ex.P-15, the claimant was aged 24 years and the applicable multiplier is '18'. 6. The appellant sustained the following injures: "Crush injury over the left thigh, extending posteriorly from the knee to the perineum and up to the base of the scrotum anteriorly and natal cleft posteriorly, involving laceration of the - 5 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 left gluteal muscles. CT scan shows fracture of the left acetabular roof and anterior wall, fracture of inferior pubi ramus and fracture of the spinous process of the lumbar vertebrae. He underwent surgeries such as wound exploration + debridement + primary suturing + diversion ileostomy + conservative management with physiotherapy for the undisplaced fracture of the acetabulum. He also suffered a large crush and degloving injury of the left thigh and left gluteal region with perineal burst injury." 7. The appellant examined PW-6, the doctor, who stated that the claimant underwent for following surgeries: i. Would exploration, debridement, primary suturing diversion ileostomy under GA on 22.10.2022. ii. Multiple debridements and VAC application under GA 16.11.2022. iii. STSG for wound over left lower limb under GA on 21.11.2022. iv. Debridement under GA on 31.10.2022. v. STSG for wound over left lower limb under GA on 29.11.2022. - 6 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 vi. Colostomy closure under GA on 04.02.2023. vii. Debridement of wound over abdomen on 09.02.2023 and 13.02.2023. viii. Closure of wound over abdomen on 09.02.2023 and 13.02.2023. ix. STSG for non-healing would over back under GA on 02.03.2023. x. The CT-Scan dated 25.05.2023 shows cortical fracture of the left pubic bone. There is deformity and disfigurement of the trunk and pelvis assessed at 10%. 8. The doctor assessed 59% disability of the pelvis and left lower limb and 30% disability to the whole body. However, he admitted that he had not treated the claimant. In the cross-examination, the doctor stated that the fractures are united and the wounds have healed, though there is internal pain and deformity. 9. The claimant also produced Ex.P-22 photographs along with a CD. The Tribunal has taken one- third of 59% disability i.e., 20% functional disability. Therefore, the claimant is entitled to 10% additional towards future prospects, as per the decision in MFA - 7 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 No.103807/2016, New India Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar, wherein it is held that if the disability is more than 20%, future prospects are to be added while assessing compensation under the head 'loss of future earning capacity'. Accordingly, the 'loss of future earning capacity' comes to Rs.15,500/- + 40% x 12 x 18 x 20% = Rs.9,37,440/-. 10. The claimant was hospitalized for a period of 94 days, which is more than three months. The claimant might not have attended to his work for at least for six months. Therefore, Rs.93,000/- (Rs.15,500 x 6 months) is awarded under the head 'loss of income during laid-up period'. 11. The Tribunal granted an amount of Rs.11,78,681/- towards medical expenses based on the documents produced and the same is confirmed. 12. This Court finds it reasonable to grant an amount of Rs.75,000/- towards 'pain and suffering', Rs.50,000/- towards 'loss of amenities' and Rs.40,000/- - 8 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 for transportation, extra nourishment and attended charges. 13. Thus, the compensation awarded by this Court is as follows: 14. In summary, the appellant/claimant is entitled to a total compensation of Rs.23,74,121/- as against Rs.19,07,097/- awarded by the Tribunal. The enhanced compensation works out to Rs.4,67,024/-. To this extent, the award passed by the Tribunal is modified. 15. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 9,37,440.00 Pain and suffering 75,000.00 Loss of amenities 50,000.00 Transportation, extra nourishment and attendant charges 40,000.00 Medical expenses 11,78,681.00 Loss of income during laid up period 93,000.00 Total 23,74,121.00 - 9 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 ii. The judgment and award dated 19.11.2024 passed in MVC No.6369/2022, by the VIII Additional Judge, Court of Small Causes and ACJM, Bengaluru is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.4,67,024/-. (Rs.23,74,121/- minus Rs.19,07,097/-) 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, Insurance Company is directed to deposit enhanced compensation of Rs.4,67,024/- with interest rate of 6% within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:10866 MFA No. 3848 of 2025 v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 0