- 1 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2416 OF 2025 (MV-I) BETWEEN: SRI. ASHOK M R S/O RAMESH, NOW AGED ABOUT 25 YEARS, R/AT MADENAHALLI VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT, NOW R/A ASHOKANAGARA, TUMAKURU CITY. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. G. KAVITHA W/O VENKATESH, NOW AGED ABOUT 27 YEARS, R/AT SANABANAHALLI VILLAGE, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-72216. 2. THE MANAGER, SBI GEN. INS. CO., LTD., REP. BY ITS DIVISIONAL MANAGER ANANDA, 1ST FLOOR, RUKMINI TOWERS, MANTRI MALL, SESHADRIPURAM, BENGALURU -560 020. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 (BY SRI. P.S. JAGADISH., ADVOCATE FOR R2, V/O DATED 15.04.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 20.11.2024 PASSED IN MVC NO.889/2022 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMAKURU, 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 20.11.2024 passed in MVC No.889/2022 on the file of the I Addl. Senior Civil Judge and ACJM, Tumakuru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The Injured claimant met with an accident on 05.02.2022 and filed claim petition claiming compensation of - 3 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 Rs.40,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.6,52,600/- along with interest at the rate of 6% p.a., from the date of petition till realisation. 4. Aggrieved by the said order, the claimant preferred an appeal and mainly contended that the petitioner was a Mason and also doing agriculture work and was earning Rs.30,000/- per month. But the Tribunal erred in taking his income as Rs.15,500/- and doctor assessed the disability of the limb as 45% and whole body at 15%. But the tribunal has taken only 10%. The amounts granted under other heads are meager. Therefore, requested for enhancement of the compensation. 5. Though the petitioner stated that he was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, tribunal has rightly considered his notional income as Rs.15,500/-. He was aged 24 years and the relevant multiplier is ‘18’. Ex.P4 is the copy of the wound certificate. The petitioner also examined doctor as PW3 and he stated that the petitioner sustained right femur shaft fracture (type I compound). The injured underwent - 4 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 surgery for Type-I compound fracture right femur and he has got pain and swelling over right thigh, difficulty in squatting and sitting cross legged and difficulty climbing and running. On examination, it was found that the petitioner has swelling and tenderness present over right thigh. Further, x-ray shows united fracture with implants. The doctor further stated that he requires another surgery for removal of the implants and estimated cost of the same as Rs.50,000/- and also assessed the physical disability at 45% to the right lower limb and 15% to the whole body. Therefore, 1/3rd of the 45% comes to 15%. The tribunal erred in taking the same as 10% without any basis. Hence, loss of future earning capacity comes to Rs.15,500 x 12 x 18 x 15% = Rs.5,02,200/-. The Tribunal granted Rs.1,76,710/- towards medical expenses as per bills filed under Ex.P11 and it is confirmed. He was admitted in the hospital for a period of 4 days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The Petitioner might not - 5 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 have attended any other work at least for a period of 3 months. Therefore, Rs.46,500/- is granted under the head loss of income during laid up period. Further, Rs.30,000/- is granted towards future medical expenses. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.6,52,600/- to Rs.8,70,410/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 5,02,200 2 Medical bills 1,76,710 2 Pain and suffering 60,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 46,500 6 Future medical expenses 30,000 Total 8,70,410 - 6 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 20.11.2024 passed in MVC No.889/2022 on the file of the I Additional Senior Civil Judge and ACJM, Tumakuru, is modified. iii. The claimant is entitled to a sum of Rs.8,70,410/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,52,600/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of - 7 - HC-KAR NC: 2026:KHC:17936 MFA No. 2416 of 2025 Rs.2,17,810/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 26