- 1 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 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. 7634 OF 2024 (MV-I) BETWEEN: 1. SRI.BASAVARAJU H S/O HANUMEGOWDA, NOW AGED ABOUT 42 YEARS, RESIDING AT: PUTTAPPANADODDI VILLAGE, MUDUGERE POST, CHANNAPATNA TALUK, RAMANAGARA DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA.N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. SRI.THAMAS M.V S/O VARGEES M.V., MAJOR IN AGE, RESIDING AT NO.1184, 'C' BLOCK, 5TH CROSS, MAHADEVAPURA, MYSURU -570031. 2. THE NEW INDIA INSURANCE CO. LTD NO.22414/4, GIRIYAMMA SHAMBHUGOWDA COMPLEX, CHURCH ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 CHANNAPATNA - 562160. REP: BY ITS MANAGER …RESPONDENTS (BY SRI. R. JAIPRAKASH, ADVOCATE FOR R2 VIDE ORDER DATED 23.04.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.10.2024 PASSED IN MVC NO.385/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AND ADDITIONAL MACT, CHANNAPATNA, 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 04.10.2024 passed in MVC No.385/2019 on the file of the Senior Civil Judge and JMFC and Additional MACT, Channapatna, seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 2. Heard the arguments of the 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 16.06.2019 and filed a petition before the Tribunal for compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,25,700/- 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 sustained fractures which are grievous in nature and was admitted in the hospital for a total period of 10 days. The petitioner also examined the doctor as PW.2 and he assessed the total disability of the left arm as 95% and whole body as 39%. The petitioner filed Ex.P10 - driving licence. It is contended that he was a heavy vehicle driver, but the - 4 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 Tribunal erred in taking his income as Rs.14,000/- per month, which is on the lower side. It is further contended that no amount is granted towards loss of future prospects and that the disability is to be taken as 100%. The amounts granted under other heads are also meager. Therefore, requested for enhancement of the compensation. 4. Learned counsel for respondent No.2 stated that in the Wound Certificate it was clearly mentioned that the petitioner was under the influence of alcohol. It is further contended that the petitioner is not entitled for future prospects. 5. Though the petitioner stated that he was working as a lorry driver and agriculturalist and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2019, his notional income is rightly considered by the Tribunal as Rs.14,000/- per month. Mere filing of driving license is not the proof of income. Therefore, this Court finds no reason - 5 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 to interfere with the income taken by the Tribunal. The petitioner was aged 38 years and the relevant multiplier applicable is 15. 6. The petitioner filed Ex.P14-Wound Certificate and Ex.P16-Disability Certificate. He also examined the doctor as PW.2, an Orthopaedic Surgeon and Medico-Legal Consultant and he stated that the petitioner was diagnosed with left post-traumatic brachial plexus injury. The petitioner was treated with left upper limb brachial plexus exploration with 4th, 5th and 6th intercostal nerve to MCN of the arm and was discharged from the hospital with advice for OPD follow up. Over time the wounds healed. The petitioner complains of unable to lift the left upper limb, weakness and no sensation of the left upper limb with severe burning pain in the left upper limb. On examination, there was a flaccid left upper limb with wasting of all muscles groups of the left upper limb. X-ray shows normal study. It was observed that there was loss of sensation in the thumb ray, index finger, middle finger, - 6 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 ring finger and little finger of the left hand. The doctor assessed loss of strength as 15%, total disability as 39% and permanent disability of the left upper limb as 87%. Learned counsel for the appellant contended that as the disability is 87% to the left upper limb and the petitioner being a driver by profession, he cannot discharge his duties as a driver in future. Therefore, the disability is to be taken as 100%. Relying upon the decisions in Raj Kumar Vs. Ajay Kumar (2011) 1 SCC 343 and R. Halle Vs. Reliance General Insurance Company Limited (2026) SCC online SC 433, this Court finds it reasonable to take the functional disability of the petitioner as 100%. As the disability is more than 20%, the petitioner is entitled for future prospects as per the citation reported in MFA No.103807/2016 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others. The petitioner was aged 38 years and he is entitled for 40% towards future prospects. Accordingly, the loss of future earning capacity - 7 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 comes to Rs.14,000/- + 40% x 12 x 15 x 100% = Rs.35,28,000/-. The Tribunal has granted Rs.2,68,700/- towards medical expenses and the said amount is confirmed. The petitioner was admitted in the hospital for a period of 10 days. Considering the nature of injuries, period of hospitalization, occupation of the petitioner and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities, Rs.60,000/- towards transportation, extra nourishment and attendant charges. 7. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earning capacity 35,28,000 Medical Expenses 2,68,700 Pain and Suffering 1,00,000 Loss of amenities 50,000 Transportation, extra nourishment and attendant charges 60,000 Total 40,06,700 - 8 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.40,06,700/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 04.10.2024 passed in MVC No.385/2019 on the file of the Senior Civil Judge and JMFC and Additional MACT, Channapatna, is modified. iii. The claimant is entitled to a sum of Rs.40,06,700/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.8,25,700/- granted by the tribunal. iv. Insurance Company has already deposited the awarded amount before the Tribunal. - 9 - HC-KAR NC: 2026:KHC:22290 MFA No. 7634 of 2024 Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.31,81,000/- along with 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.: 11