- 1 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4827 OF 2024 (MV) BETWEEN: KUM. THUPILI LAVANYA D/O THUPILI GANGAIAH, NOW AGED ABOUT 25 YEARS, R/AT NO. 4-384, KUMMARAGUNTA, VENKATAGIRI, NELLORE ANDHRA PRADESH. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. UNITED INDIA INS CO. LTD., REGIONAL OFFICE MOTOR THIRD PARTY CLAIMS HUB, 5TH AND 6TH FLOOR, KRISHI BHAVAN HUDSON CIRCLE, BANGALORE. REPRESENTED BY ITS MANAGER. 2. ASHISH KUMAR S/O D.K. META, AGED MAJOR, R/AT PLOT NO. G-4, 1ST FLOOR PARAMESHWARINAGAR MULAPET NELLORE - 524 001. …RESPONDENTS (BY SRI. G.S. MARULAIAH, ADVOCATE FOR R1; VIDE ORDER DT.19.02.2025, NOTICE TO R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.01.2023 PASSED IN MVC NO. 2710/2020 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments on both sides. 2. The Tribunal has passed a common judgment and award dated 13.01.2023 in MVC No.980 of 2020 and MVC No.2710 of 2020. This appeal is filed by the petitioner in MVC No.2710/2020. 3. Heard arguments of both sides. 4. Brief facts of the case are : The injured claimant met with an accident on 10.01.2020 and filed a claim petition claiming compensation of ₹30,00,000/-. The Tribunal considered the entire evidence on record and granted compensation of ₹5,36,490/- with interest rate of 6% per annum from date of petition till date of realisation. Aggrieved by the said order, the petitioner preferred the instant appeal and mainly contended that, the Tribunal has granted meagre - 3 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 amounts under various heads, interest is to be granted at the rate of 9%. 5. Learned counsel appearing for respondent No.1 - Insurance Company contended that, the petitioner was admitted in the hospital only for 2 days and the Tribunal considered all the aspects and granted reasonable amounts under various heads and hence, it needs no interference. 6. Considered the arguments on both sides. 7. Though the petitioner stated that he was earning ₹20,000 per month, he has not filed any income proof. The petitioner has met with the road traffic accident in the year 2020 and the Tribunal has rightly considered his income as ₹14,500/- per month. He was aged 24 years and the relevant multiplier is "18". Exhibit P15 is the discharge summary. Petitioner also examined doctor-PW.3 wherein he stated that petitioner sustained following injuries : - 4 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 "1. Communited fracture distal tibia right leg; 2. Lateral malleoli left leg fracture and stated that the injuries are grievous in nature and he was treated in the form of external fixator and ilizarov and when visited for disability assessment, the following points were noted : =Healed Surgical Scar Mark Over right ankle =Mild swelling of right leg, Ankle =Altered Pigmentation over the Surgical Scar Mark =Thickening of both bones right leg felt =Range of movements of right knee and ankle restricted = Daily activities cross leg sitting, squatting for using Indian toilets were found to be difficulty = Xray show fracture malunited with implant insitu Finally, disability was assessed to the right lower limb as 46% and to the whole body as 15.33% (1/3rd of 46%) and it is stated that the injuries are permanent in nature, petitioner will have difficulties in daily routine activities, he requires one more surgery in the form of implant removal and the estimated cost of the same will be ₹25,000/-. 8. On perusal of cross examination, it is noticed that the said doctor is not a treated doctor. He has verified - 5 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 discharge summary and wound certificate. He has further stated that he does not know the occupation of the petitioner. He has assessed only physical disability and not the functional disability. However, considering the medical evidence, this court finds it reasonable to take 1/3rd of 46% disability which comes to 15.33% which the Tribunal also has considered and hence, needs no interference. So, compensation awarded under the head "loss of future earning capacity" comes to ₹4,69,800/- (14,500x12x18x15%). The Tribunal has granted ₹12,440/- as per Exhibit P.16-medical bills. The petitioner was admitted in the hospital for a period of 2 days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of ₹50,000/- for pain and suffering, ₹25,000 for loss of amenities, ₹30,000/- for transportation, nourishing food and attendant charges. The petitioner might not have attended any other work for the period of 3 months. Therefore, ₹43,500 (14,500x3) is - 6 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 granted towards "loss of income during laid-up period and petitioner is also entitled for ₹25,000/- towards "future medical expenses" as per the evidence of doctor. So the total compensation is enhanced from ₹5,36,492/- to ₹6,55,740/- as per the following table. 9. Respondent No.1-Insurance company has already deposited the amount before the Tribunal. Therefore, is directed to deposit the enhanced compensation of ₹1,19,250/- with interest rate of 6% within one month Particulars Amount In Rs. Loss of future income (14500x12x18x15%) 4,69,800.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment, & attendant charges 30,000.00 Medical expenses 12,440.00 Loss of income during laid down period (Rs.14500x3m) 43,500.00 Future medical expenses 25,000.00 Total Enhanced compensation 6,55,740.00 1,19,250.00 - 7 - HC-KAR NC: 2026:KHC:19854 MFA No. 4827 of 2024 from the date of this order. Petitioner is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the Appeal is allowed in part. The petitioner is not entitled for interest for delay period of 439 days as per orders in IA.1/2024 dated 09.04.2026. Sd/- (P SREE SUDHA) JUDGE rs List No.: 1 Sl No.: 18