- 1 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1973 OF 2025 (MV-I) BETWEEN: SUDEEP M. S/O. MUNIYAPPA, AGED ABOUT 25 YEARS, NO.17, H.V. HALLI, BANGALORE SOUTH -560 098 …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. REINVENT MIX CONCRETE REP BY ITS PROPRIETOR, KUMBALAGODU INDUSTRIAL AREA, NO.87/1, PHASE II, SUBBARAYAPPAPURA ROAD, KENGERI, BANGALORE, KARNATAKA - 560 062 2. ICICI LOMBARD GENERAL INS CO.LTD., REP BY ITS MANAGER, SECOND SVR COMPLEX, HOSUR MAIN ROAD, BANGALORE - 560 068 KARNATAKA …RESPONDENTS (VIDE ORDER DATED 10.02.2026, NOTICE TO R1 D/W BY SRI. B. PRADEEP, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC NO.2556/2023 ON THE FILE OF THE XXII ADDITIONAL SCJ AND SCJM, MEMBER, MACT, BENGALURU SCCH-24, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION BARRED BY TIME. THIS APPEAL, COMING ON FOR ADMISSION, 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 04.11.2024 passed in MVC No.2556/2023 on the file of the learned XXII Additional Small Causes Judge and ACJM, Member, MACT, Court at Bengalore (SCCH-24), 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 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 3. The petitioner/injured claimant met with an accident on 05.03.2023 and filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.9,93,599/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that he examined the doctor as PW3 and he assessed that right lower limb disability as 45%, left lower limb disability as 36% and 31% to the left arm and 37% to the whole body. But the Tribunal erred in taking the disability as 20% and 40% future prospect is not added. The Tribunal granted meager amounts under the other heads and interest is to be granted at the higher rate and thus requested for enhancement of compensation. 4. Though the petitioner stated that he was working as a coolie and earning Rs.25,000/- per month, he has not filed any income proof. As he met with an accident earlier 2020, this Court finds to take his notional income as Rs.16,000/- per month as per the chart prepared by Karnataka State Legal Service Authority. The claimant was aged 22 years and the - 4 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 relevant multiplier is '18'. The petitioner also examined doctor as PW3 and he stated that the petitioner sustained disability as mentioned in the appeal grounds. But the Tribunal erred in taking the disability as 20% instead of 27%. This Court finds it reasonable to take the disability as 27%. As the disability is more than 20%, petitioner is entitled for future prospects as per the Hon’ble Apex Court in the case of National Insurance Company Limited Vs. Pranay Sethi1, held that the future prospects of income of the self-employed deceased shall also be included in determination of the compensation. As petitioner is aged 22 years, he is entitled for 40% towards future prospects. Loss of future earning capacity comes to 16,000/- + 40% =22,400/-, 22,400/- X 12 X 18 X 27%=Rs.13,06,368/-. The petitioner was admitted in the hospital for a period of 7 days, therefore, the Tribunal has granted Rs.1,77,499/- towards medical expenses and the said amount is confirmed. Considering the nature of injuries and period of hospitalization and other relevant factors, this Court finds it reasonable to grant Rs.70,000/- for pain and suffering, Rs.20,000/- for transportation, food and extra nourishment and attendant 1 (2017) 16 SCC 680 - 5 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 charges. Loss of income during laid up period is to be granted at the rate of Rs.48,000/-, future medical expenses is to be granted at Rs.40,000/- and Rs.50,000/- is to be granted towards loss of amenities. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.17,11,867/- along with interest at the rate of 6% p.a. 7. 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 70,000/- 2. Medical expenses 1,77,499/- 3. Future medical expenses 40,000/- 4. Towards loss of amenities 50,000/-/- 5. Towards food, nourishment and attendant charges 20,000/- 6. Towards loss of income during laid up period 48,000/- 7. Towards loss of future earning capacity 13,06,368/- Total 17,11,867/- - 6 - HC-KAR NC: 2026:KHC:19442 MFA No. 1973 of 2025 ii. The judgment and award dated 04.11.2024 passed in MVC No.2556/2023 on the file of the learned XXII Additional Small Causes Judge and ACJM, Member, MACT, Court at Bengalore (SCCH-24), is modified. iii. The claimant is entitled to a sum of Rs.17,11,867/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,93,599/- 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 the enhanced compensation of Rs.7,18,268/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 56