- 1 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2422 OF 2025 (MV-I) BETWEEN: 1. PANCHAKSHARI S/O LATE CHANNABASAPPA, NOW AGED ABOUT 46 YEARS, R/AT HERURU VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. NAGARAJU. N, S/O LATE NANJUNDAPPA, NOW AGED ABOUT 53 YEARS, R/A ADAGUR VILLAGE, GUBBI TALUK, KASABA HOBLI, TUMKUR DISTRICT- 572216 2. THE MANAGER, SBI GEN INS. CO., LTD., REP. BY ITS DIVISIONAL MANAGER, ANANDA, 1ST FLOOR, RUKMINI TOWERS, MANTRI MALL, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 SESHADRIPURAM, BANGALORE-560020 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. P.S. JAGADISH, ADVOCATE FOR R2; VIDE ORDER DATED 23.04.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 23.08.2024 PASSED IN MVC NO.825/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, GUBBI, 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 23.08.2024 passed in MVC No.825/2023 on the file of the Additional Senior Civil Judge and JMFC, Gubbi seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 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 before the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 16.05.2023 and filed petition before the Tribunal for compensation of Rs.60,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,22,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner was working as a carpenter and also doing agriculture and earning Rs.40,000/- per month, but the Tribunal erred in taking his minimum wages as Rs.13,900/- per month which is on the lower side. It is further contended that the petitioner sustained factures injuries which are grievous in nature and that the Tribunal has granted meager amounts - 4 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 under other heads. Therefore, requested for enhancement of the compensation. 4. Though the petitioner stated that he was working and earning Rs.40,000/- 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 his notional income as Rs.16,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. The petitioner was aged 44 years and the relevant multiplier applicable is 14. 5. The petitioner filed Ex.P4 - Wound Certificate and Ex.P11 - Discharge Summary and also relevant medical records. The petitioner examined the doctor as PW.2, a Consultant Orthopaedic Surgeon and he stated that the petitioner sustained the following injuries: i) Comminuted fracture of the right acetabulum ii) Fracture of the lateral third of the right clavicle - 5 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 The petitioner underwent surgery, namely ORIF with plating and came for regular follow up as an outpatient. The petitioner complained of the following: i) C/o pain in the right hip joint ii) Not able to sit on the floor On examination, an old healed surgical scar over the right hip was present. Recent clinical and radiological examination revealed that the petitioner is having a united fracture of the right acetabulum with implant with right hip arthritis. The doctor advised physiotherapy and to undergo implant removal and total hip replacement and arthroscopies. The approximate cost of the surgery is assessed at Rs.3,00,000/-. The doctor assessed the physical disability of the left lower limb as 43% and the whole body disability as 14%. He is the treated doctor. Considering the medical evidence on record, the Tribunal has rightly considered one-third of 43% ie., 14% disability and it is confirmed. Therefore, loss - 6 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 of future earning capacity comes to Rs.16,000/- x 12 x 14 x 14% = Rs.3,76,320/-. The Tribunal has granted Rs.1,01,838/- towards medical expenses as per the relevant medical records and it is confirmed. The petitioner was admitted in the hospital for period of 6 days. The Tribunal already granted Rs.50,000/- for pain and suffering and Rs.2,00,000/- towards future medical expenses and the said amounts are confirmed. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of 3 months. Therefore, Rs.48,000/- (Rs.16,000/- x 3) is to be granted under the head loss of income during laid up period. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.8,36,158/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 23.08.2024 passed in MVC No.825/2023 on the file of the Additional Senior Civil Judge and JMFC, Gubbi, is modified. Particulars Amount in Rs. Loss of future earning capacity 3,76,320 Medical Expenses 1,01,838 Pain and Suffering 50,000 Loss of amenities 30,000 Transportation, extra nourishment and attendant charges 30,000 Loss of income during laid up period 48,000 Future Medical Expenses 2,00,000 Total 8,36,158 - 8 - HC-KAR NC: 2026:KHC:22289 MFA No. 2422 of 2025 iii. The claimant is entitled to a sum of Rs.8,36,158/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.7,22,000/- granted by the tribunal. iv. Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,14,158/- along with the interest at the rate of 6% within one month from the date of this order. v. 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.: 17