- 1 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1695 OF 2024 (MV-I) BETWEEN: 1. SRI V ESHWARAPPA S/O .V. CHANGAPPA, AGED ABOUT 49 YEARS, R/O NO 7-51, AKULAVARAPALLI, ROYALAPETA POST, PEDDAPANJANI MANDAL, CHITTOOR DISTRICT ANDHRA PRADESH …APPELLANT (BY SRI. KAILAS SHANKAR P S.,ADVOCATE) AND: 1. SRI V SAMPATH KUMAR S/O VENGOBARAO MAJOR R/OF NO 1/194, THIRUVANAMALI ROAD ANCHOOR POST, KRISHNAGIRI - 635001 KRISHNAGIRI DISTRICT TAMILNADU 2. THE MANAGER THE NATIONAL INSURANCE CO LTD D O V NO 72 UNITY BUILDING ANNEX MISSION ROAD, BANGALORE - 560027 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 …RESPONDENTS (BY SRI.JANARDHANA REDDY ,ADVOCATE FOR R2) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.11.2023 PASSED IN MVC NO. 4797/2020 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 23.11.2023 passed in MVC No.4797/2020 by the Court of III Addl. Judge and - 3 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 MACT, Court of Small Causes, Bengaluru, (for short, 'the Tribunal') seeking enhancement of compensation. 2. The injured claimant met with a road traffic accident on 31.12.2019 and thereafter filed a claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.15,85,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant preferred the present appeal contending that, appellant- claimant was mason and earning Rs.20,000/- per month. But the Tribunal has taken income as Rs.14,000/- per month. He sustained crush injury and under gone above Knee amputation. It is also contended that the amounts awarded under the other heads are meagre. Doctor has assessed the disability as 80%. Meagre amount is granted - 4 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 under the head future medical expenses and thus, requested for enhancement of the compensation. 4. Heard the learned counsel appearing for the parties and perused the records. 5. Though the appellant-claimant has contended that he was earning Rs.20,000/- per month, no documentary evidence has been produced to substantiate the same. In the absence of proof of income and considering that the accident occurred in the year 2019, the Tribunal has rightly taken the notional income at Rs.14,000/- per month. He was aged 45 years at the time of the accident and relevant multiplier is taken at '14'. 6. Ex.P.7 is the wound certificate and the petitioner examined PW-3, the doctor, who deposed that above knee stump measuring 13 inches with opposite length of the femur is 18 inches, and left thigh shown evidence of above know amputation. The Tribunal observed that doctor has not stated about the whole body - 5 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 disability and has considered the disability as 50% without any basis. 7. Considering the medical evidence on record, this Courts finds it reasonable to take disability as 80%. As the petitioner has sustained more than 20% disability, in view of the decision of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016, he is entitled to future prospects. The petitioner was aged 45 years and entitled to 25% towards future prospectus. Accordingly, the loss of earning capacity comes to Rs.23,52,000/- ( Rs.14,000 + 25% X 12 X 14 X 80%). 8. The petitioner was hospitalized for a period of 65 days and considering the period of hospitalization nature of injury sustained and other relevant factors, this Court finds it reasonable to enhance the compensation as mentioned below: - 6 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.28,85,000/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.11.2023 passed in MVC No.4797/2020 on the file of the III Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes Bengaluru, (SCCH-18), is modified. Particulars Amount in Rs. Loss of future earning capacity 23,52,000-00 Pain and suffering 1,50,000-00 Loss of Amenities 1,25,000-00 Transportation, extra nourishment and attendant charges 74,000-00 Future Medical expenses 1,00,000-00 Loss of income during laid up period 84,000-00 Total 28,85,000-00 - 7 - HC-KAR NC: 2026:KHC:20730 MFA No. 1695 of 2024 iii. The claimant is entitled to a sum of Rs. 28,85,000-00/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.15,85,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.13,00,000/- 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. Sd/- (P SREE SUDHA) JUDGE HR