- 1 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3360 OF 2024 (MV-I) BETWEEN: SRI. NAGARAJU C.N. S/O LATE NARAYANAPPA, NOW AGED ABOUT 43 YEARS, RESIDING AT DEVISHETTIHALLI, DODDAMARALI POST, NANDI HOBLI CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 101 …APPELLANT (BY SRI. CHANDRASHEKARAIAH B., ADVOCATE) AND: 1. MR BANUPRAKASH H J S/O LATE JAYRARAMAIAH S MAJOR, AGE OF R1 NOT KNOWN TO THE APPELLANT, RESIDING AT MUSTHOOR VILLAGE CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT - 562 101 2. UNITED INDIA INSURANCE COMPANY LIMITED MOTOR DEALER DIVISION, KRISHI BHAVAN, 6TH FLOOR HUDSON CIRCLE BENGALURU - 560 001 BY ITS MANAGER …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2 VIDE ORDER DATED 18.03.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.03.2023 PASSED IN MVC NO. 668/2021 ON THE FILE OF THE C/C XXII ADDITIONAL SCJ AND ACMM, MEMBER MACT, BENGALURU SCCH-24 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 13.03.2023 passed in MVC No.668/2021, by the XXII Additional SCJ and ACMM, Member, MACT at Bengaluru (SCCH-24) (hereinafter referred to as 'the Tribunal' for short), seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 01.01.2021 and filed a claim petition seeking - 3 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 compensation of Rs.30,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.3,75,100/- with interest at 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the claimant preferred an appeal and mainly contended that he sustained grievous injuries and was hospitalized as an inpatient for a period of five days. The doctor assessed whole body disability at 15%, but the Tribunal considered only 10%. The interest awarded at 6% is on the lower side. The compensation awarded under various heads is meagre. Therefore, requested for enhancement of compensation. 5. Though the appellant contended that he was working as a car driver earning Rs.20,000/- per month, no documentary proof of income has been produced. Considering the fact that accident occurred in the year 2021, this Court find it reasonable to take the notional - 4 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 income at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 48 years at the time of the accident and the applicable multiplier is '13'. 6. As per Ex.P-6-wound certificate and the evidence of the doctor-Ex.P-4, an Orthopaedic Surgeon, the claimant sustained the following injuries: i. Compression fracture of L1 Vertebra. ii. Fracture of 3rd, 4th and 6th ribs posteriorly on the left side. iii. Pnenmothorax iv. Soft tissue injury over the right foot. 7. On clinical examination, the doctor noted: i. Tenderness over L.S. spine at L1. b. Painful range of movements of the L.S. spine. c. Tenderness over chest at 3rd, 4th and 6th ribs. d. Restricted and painful chest expansion (2-3 cms). e. X-ray chest: reveals healed fracture of 3rd, 4th and 6th. - 5 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 f. X-ray of L.S. spine showing malunited vertebra; fracture. The doctor assessed whole body disability at 15% and advised physiotherapy. 8. It is contended that due to the deformity, the claimant finds it difficult to continue his work as a driver. Though the doctor is not the treated doctor and the treatment was done conservatively, it is an admitted fact that the claimant suffered a vertebral fracture and it is malunited. Considering the nature of injuries and the occupation of the claimant, this Court finds it appropriate to assess the permanent disability at 15%. Accordingly, the loss of future earning capacity comes to Rs.15,000/- x 12 x 13 x 15%=3,51,000/-. 9. The appellant has incurred medical expenses of Rs.47,082/- as per Ex.P-28 and other supporting documents (Ex.P-13 to P-15, P-17 and P-28). The same is confirmed. - 6 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 10. The claimant was hospitalized for a period of five days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant amount of Rs.60,000/- towards 'pain and suffering', Rs.30,000/-, towards 'loss of amenities' and Rs.30,000/- towards 'transportation, nourishment and attendant charges'. Appellant might not have attended any other work at least for a period of four months. Therefore, Rs.60,000/- = (15,000/- x 4) is to be granted under the head 'loss of income during laid-up period'. 11. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 3,51,000.00 Pain and suffering 60,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expenses 47,082.00 Loss of income during laid- up period 60,000.00 Total 5,78,082.00 - 7 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 12. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,78,082/- as against Rs.3,75,100/- awarded by the Tribunal. The enhanced compensation works out to Rs.2,02,982/-. To this extent, the award passed by the Tribunal is modified. 13. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 13.03.2023 passed in MVC No.668/2021, by the XXII Additional SCJ and ACMM, Member, MACT at Bengaluru (SCCH-24), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.2,02,982/- (Rs.5,78,082/- minus Rs.3,75,100/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:15889 MFA No. 3360 of 2024 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.2,02,982/- with 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. vi. The appellant is not entitled for interest for 300 days delay period as per order in I.A.No.1/2024 dated 18.03.2026. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 6