- 1 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 926 OF 2024 (MV-I) BETWEEN: SRI. KERE BAYAREDDY S/O K. UTTAMA REDDY NOW AGED ABOUT 38 YEARS, RESIDING AT ODDUMLARVAPALLI, TANAKAL MANDALAM, ANANTHAPURA DISTRICT, ANDHRA PRADESH. PRESENTLY RESIDING AT MALLIMAKANAPURA VILLAGE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE) AND: 1. SMT. DR. D SAVITHA @ SUVETHA D HUNSBAND NAME NOT KNOWN, MAJOR IN AGE D. NO.26/25/5, KONETIPALYAM PUNGANUR, CHITTOOR DISTRICT ANDHRA PRADESH - 517 247. 2. M/S UNITED INDIA INSURANCE CO. LTD REGIONAL OFFICE, NO.18, KRISHI BHAVAN, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 5TH FLOOR, OPP HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001, REP. BY THE MANAGER. …RESPONDENTS (BY SRI. L. SREEKANTA RAO, ADVOCATE FOR R2; VIDE ORDER DATED 04.04.2024, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.09.2023 PASSED IN MVC NO.1610/2022 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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 05.09.2023 passed in MVC No.1610/2022 on the file of the XVIII Additional Judge, - 3 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 Court of Small Causes, Member, MACT, Bengaluru, (SCCH- 4), seeking enhancement of compensation. 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 per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 12.10.2021 and filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.9,60,165/- with interest at the rate of 6% p.a., from the date of petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured sustained grievous injuries. The petitioner/injured examined two doctors. P.W.4-Dental Surgeon assessed the whole body disability at 45% and P.W.5-Orthopedic Surgeon assessed the disability at 41% to the right lower limb and 14% to the whole body. But the Tribunal erred in taking the same - 4 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 as 24%. The future prospects have not been added. The amounts awarded under the other heads are also meagre. Therefore, requested for enhancement of the compensation. 4. Though the petitioner stated that he was working as a welder and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 37 years and the relevant multiplier is '15'. Ex.P.5 is the wound certificate and Ex.P.9 is the discharge summaries. The petitioner has examined the Dental Surgeon as P.W.4. He has stated that the petitioner sustained physical orofacial disability and disfigurement, which are as follows: "1. Dento Alveolar fracture of maxilla 2. 21/123 both maxillary central - 5 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 3. Incisors, both lateral incisors and maxillary left canine avulsed (5 teeth permanently missing)" 5. It is further stated that the petitioner/injured sustained permanent disability in respect of his maxilla (upper jaw) and the disability to the whole body was assessed at 45%. But he is not the treated doctor. He has stated that the petitioner could sustain such injuries even by falling on a rough surface and the molars were intact. He further stated that there is no difficulty in chewing food and the fracture of the maxilla has healed. He also stated that the petitioner can get the teeth fixed but they may not be as good as natural teeth. 6. The petitioner has also examined P.W.5- Orthopedic Surgeon, who has stated that the petitioner sustained right ankle trimalleolar fracture dislocation along with upper and lower dentoalveolar fractures. He was treated with right fibula plating and medial malleolus fixation with screws and was later discharged on - 6 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 21.10.2021. Thereafter, he underwent reduction and arch bar fixation for the dentoalveolar fracture on 28.10.2021. The petitioner complains of weakness and pain in the right ankle and states that he is unable to sit down, squat, sit cross-legged or perform his day-to-day activities and his professional work as a welder. On examination, the petitioner was found to have a swollen ankle with restricted movements of the right ankle. The X-ray of the right ankle shows a united fracture with the implant in situ and he assessed the physical disability of the right lower limb at 41% and that of the whole body at 14%. He has also stated that the petitioner requires another surgery for removal of the implants and estimated cost of the surgery at Rs.60,000/-. He is not treated doctor. He has admitted that the implants were removed at Sanjay Gandhi Hospital and it does not require an amount of Rs.60,000/-. 7. Learned counsel for respondent No.2 stated that the Tribunal has observed that P.W.4-Dental Surgeon assessed the permanent disability in respect of the - 7 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 fracture of the maxilla as per the guidelines, but he has not assessed the permanent disability of the teeth as per guidelines. The Tribunal has taken the whole body disability at 24%. Considering the medical evidence of both the doctors, this Court finds it reasonable to enhance the same to 30%. 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 and Others in MFA No.103807/2016, dated 27.05.2022, he is entitled to future prospects. The petitioner was aged 37 years and is entitled to 40% towards future prospects. Accordingly, the loss of earning capacity comes to Rs.11,34,000/- (Rs.15,000 + 40% × 12 × 15 × 30%). The petitioner was hospitalized for a period of 21 days. Considering the nature of the injuries, the period of hospitalization and other relevant factors, the Tribunal has awarded reasonable amounts under the other heads and the same are confirmed. - 8 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.14,46,165/- 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. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 80,000/- 2 Towards medical bills 62,165/- 3 Towards nourishment, attendant charges and loss of amenities 50,000/- 4 Towards loss of income during the laid up period 60,000/- 5 Towards conveyance charges 20,000/- 6 Towards loss of future earning capacity 11,34,000/- 7 Towards medical expenses 40,000/- Total 14,46,165/- - 9 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 ii. The judgment and award dated 05.09.2023 passed in MVC No.1610/2022 on the file of the XVIII Additional Judge, Court of Small Causes, Member, MACT, Bengaluru, (SCCH-4), is modified. iii. The claimant is entitled to a sum of Rs.14,46,165/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,60,165/- 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 enhanced compensation of Rs.4,86,000/- along with the interest at the rate of 6% within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:20327 MFA No. 926 of 2024 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 16