- 1 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6782 OF 2025 (MV-I) BETWEEN: 1. POORNACHANDRA K K S/O. K.N. KRISHNA, AGED ABOUT 37 YEARS, R/AT HOUSE NO.391, KONASALI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT, NOW R/O. PANDAVAPURA TOWN, N.M. ROAD, PANDAVAPURA TALUK, MANDYA DISTRICT- 571434 …APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. VINAY M.C., S/O. D.P. CHANDRASHEKAR, AGED MAJOR, R/AT HOUSE NO.2429/391, 4TH CROSS, UDAYAGIRI, MANDYA TALUK, MANDYA DISTRICT-571401 2. MANAGER, LIBERTY GENERAL INSURANCE CO. LTD., NO 21/158, THE LANDMARK, 4TH FLOOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 NEAR TRINITY METRO STATION, M.G. ROAD, BENGALURU-560001 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2; V/O DT 16/09/2025, NOTICE TO R1- D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2025 PASSED IN MVC NO. 787/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, 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 Motor Vehicles Act, 1988, challenging the judgment and award dated 17.02.2025 passed in MVC No.787/2020 by the Court of Senior Civil - 3 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 Judge and MACT, Pandavapura, (for short, 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 22.06.2020 and thereafter filed a claim petition claiming compensation of Rs.11,75,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.4,85,460/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award, the claimant preferred the present appeal contending that he was aged 32 years at the time of the accident, doing Civil Contract Work and also doing Agriculture and Farming and earning Rs.25,000/- per month. However, the Tribunal has taken his monthly income at Rs.11,044.76. It is also contended that the amounts awarded under the other heads are meagre and thus, requested for enhancement. - 4 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 5. Though the appellant has contended that he was earning Rs.25,000/- 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 2020, the notional income at Rs.14,500/- per month is taken as per the chart prepared by Karnataka State Legal Services Authority and multiplier is taken at '16'. 6. The appellant examined PW-2, the doctor, who deposed that the appellant sustained the following injuries: a) Right Knee ACL tear and complex and b) Right shoulder soft tissue injury. 7. However, the claimant examined P.W.2 Doctor in his evidence he has stated that: "he found injury at right knee and right shoulder. He further stated that, petitioner had sustained polytrauma injury to right leg, diagnosed with right knee ACL Tear and Complex, Right Shoulder Soft Tissue injury. ON 22.06.2020, he conducted surgery to petitioner upon the torn posterior high medial and lateral meniscus. He subjected the patient for multiple dressings, antibiotic - 5 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 coverage and pain killer and patient was discharged on 23.06.2020 with an advise to do exercise, non-weight bearing walking with walker and to come for check up on OPD basis for once in 10 days. accordingly he treated the patient. Recently on 09.07.2022, he examined the patient and patient complains of a) Pain while walking in right leg. b) Inability to do routine work on right lower limb. c) Knee and ankle movements painful and stiffness of joint. PW2 further stated, patient suffered 47.5% of loss of range of motion in right knee and 20% of loss of right knee component against normal range 90. PW2 assessed the disability of petitioner by applying combined formula i.e., a+b (90-1)/90. Then, the disability suffered by the petitioner is 28.5%." By considering the evidence of P.W.2-doctor, the Tribunal has taken 1/3rd of 32.5% and has rightly assessed disability at 11% which is confirmed. Accordingly, the 'loss of future earning capacity' is calculated as Rs.14,500/- x 12 x 16 x 11% = Rs.3,06,240/-. Thus, the claimant is entitled to Rs.3,06,240/- towards 'loss of future earning capacity'. 8. The appellant was hospitalised for a period of five days and incurred Rs.1,23,000/- towards medical expenses, and it is confirmed. Considering the nature of injuries, this Court finds it reasonable to grant Rs.60,000/- towards 'pain and suffering' Rs.30,000/- - 6 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 towards 'loss of amenities', Rs.30,000/- towards 'transportation, extra nourishment and attendant charges'. The appellant might not have attended any other work for a period of three months. Therefore, the 'loss of income during the laid-up period' comes to Rs.43,500/-.(14,500 X 3). 9. Thus, the compensation awarded by this Court is as follows: 10. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,92,740/- as against Rs.4,85,460/- awarded by the Tribunal. The enhanced Particulars Amount in Rs. Loss of future earning capacity 3,06,240-00 Pain and suffering 60,000-00 Loss of Amenities 30,000-00 Transportation, extra nourishment and attendant charges 30,000-00 Medical expenses 1,23,000-00 Loss of income during laid up period 43,500-00 Total 5,92,740-00 - 7 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 compensation works out to Rs.1,07,280/-. To this extent, the award passed by the Tribunal is modified. 11. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.02.2025 passed in MVC No.787/2020, by the Court of Senior Civil Judge And MACT, Pandavapura, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs. Rs.1,07,280/-. with interest at the rate of 6% per annum. 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. 1,07,280/-. with - 8 - HC-KAR NC: 2026:KHC:15651 MFA No. 6782 of 2025 interest rate of 6% within one month from the date of this order. 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 HR List No.: 1 Sl No.: 50