- 1 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1904 OF 2025 (MV-I) BETWEEN: SRI. RAGHU. K S/O A.V.KRISHNAMURTHY, NOW AGED ABOUT 40 YEARS, R/AT: 30, D/202, 2ND FLOOR SRI LAKSHMI VENKATESHWARA VILLAGE SWAMY, A.R.LAYOUT, 3RD CROSS, MYLASANDRA, BEGUR, KOPPA ROAD, BENGALURU - 560 068. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., T.P.HUB, MAHALAKSHMI CHAMBERS NO.9/2, 2ND FLOOR, M.G.ROAD, BENGALURU - 560 001 BY ITS MANAGER. 2. MR. SIDDESH. D.R S/O RUDRAPPA, MAJOR (AGED OF RESPONDENT NO.2 NOT KNOWN TO APPELLANT) NO. 160/1, SHAMANNA GARDEN NEAR YELLAMMA TEMPLE Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 B.G.ROAD, BILEKAHALLI BENGALURU - 560 076 …RESPONDENTS (BY SRI. A.M.VENKATESH, ADVOCATE FOR R1; VIDE ORDER DATED 23.03.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2025 PASSED IN MVC NO.7210/2023 ON THE FILE OF THE II ADDITIONAL JUDGE, ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 13.01.2025 passed in MVC No.7210/2023, by II Additional Judge and ACJM, Court of Small Causes, Bengaluru, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1- Insurance Company. 3. The petitioner/injured claimant met with an accident on 13.06.2023 and filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal, after considering the entire evidence on record, granted an amount of Rs.1,50,494/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, he preferred an appeal. 4. Learned counsel for the appellant contended that petitioner sustained grievous injuries and underwent conservative treatment with POP for six weeks. The doctor assessed the disability of the upper limb as 35% and that of the whole body as 11.66%. The petitioner was on leave for 45 days and he spent Rs.75,000/- towards medical expenses. However, the Tribunal has granted meagre amounts for medical expenses and also under the other - 4 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 heads and thus requested for enhancement of the compensation. 5. Though it is stated that the petitioner was aged 38 years and was working as a Manager in Schnider Electronics, earning Rs.75,000/- per month, he has not filed any income proof. As he met with an accident in the year 2023, this Court finds it reasonable to take the notional income as Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 38 years and the multiplier applicable is '15'. 6. As per Ex.P7-Wound Certificate, the petitioner sustained the following injuries which are grievous in nature. i) Distal radius lateral cortex fracture. ii) Ulnar articular fracture. iii) 5th metacarpal fracture. - 5 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 PW2-doctor stated that the following points were noted at the time of disability assessment: i) Mild swelling of writ and forearm. ii) Pain and Tenderness over the fracture site and wrist joint and wasting of forearm muscles. iii) Range of movements of elbow, wrist restricted iv) Deformity at wrist joint. v) xray shows fracture mal union. vi) Daily activities which requires over head abduction, lifting weight were found to be difficult. And also stated that petitioner underwent conservative treatment in the form of POP surgery. He assessed the permanent physical disability of the upper limb as 35% and of the whole body as 12%. He further stated that the injuries are permanent in nature and the petitioner has difficulty in attending his daily routine activities. In the cross-examination, it was stated that he is not a treated doctor and he observed that there was mal union of the fracture. Therefore, this Court finds it - 6 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 appropriate to consider one-third of 35% ie., 12% disability for the purpose of calculation. But the Tribunal has taken only 3% disability on the ground that the petitioner was treated conservatively and the said finding is not on proper appreciation of facts. This Court finds it reasonable to rely upon the medical evidence and to take the disability as 12%. The loss of future earning capacity comes to Rs.16,000/- x 12 x 15 x 12% = Rs.3,45,600/-. The petitioner has incurred Rs.13,094/- towards medical expenses as per Ex.P9-Medical bills and it is confirmed. The petitioner was treated as an outpatient. Though it is stated that the petitioner was on leave for a period of 45 days, he has not filed any record. In fact he has not filed any document to prove his occupation and income as well. Therefore, considering the nature of the injuries, this Court finds it reasonable to grant an amount of Rs.40,000/- for Pain and Suffering, Rs.20,000/- for loss of amenities. He might not have attended any other work at least for a period of three months. Therefore, the loss of - 7 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 income during the laid up period is Rs.48,000/- and an amount of Rs.30,000/- is to be granted towards transportation, extra nourishment and attendant charges. 7. Thus in all, components awarded by this court are as below: 8. Compensation is enhanced from Rs.1,50,494/- to Rs.4,96,694/-. Hence, the appellant-claimant is entitled for an enhanced compensation of Rs.3,46,200/- along with interest at the rate of 6% p.a. Particulars Amount in Rs. Loss of future earning capacity 3,45,600 Pain and suffering 40,000 Medical Expenses 13,094 Loss of amenities 20,000 Loss of income during laid up period 48,000 Transportation, Extra nourishment and Attendant charges 30,000 Total 4,96,694 - 8 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 13.01.2025 passed in MVC No.7210/2023, by II Additional & ACJM, Court of Small Causes, Bengaluru, is modified; iii. The claimant is entitled to a sum of Rs.4,96,694/- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.1,50,494/- granted by the tribunal. iv. Insurance company already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.3,46,200/- - 9 - HC-KAR NC: 2026:KHC:16187 MFA No. 1904 of 2025 with 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. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 8