- 1 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5282 OF 2024 (MV-I) BETWEEN: MALLEEKAYYA @ MALLIKAIAH S/O LATE NINGAIAH, AGED ABOUT 57 YEARS, R/OF GOWRASAGAR VILLAGE, SADARAHALLI POST, KANDIKERE HOBLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 228 BANGALORE LOCAL ADDRESS, NO.76, 6TH CROSS, BASAVESHAWARA LAYOUT, DOMBARAHALLI, LAKSHMIPURA POST, DASANAPURA HOBLI, BANGALORE NORTH, BANGALORE-562 162. …APPELLANT (BY SRI. R LAKSHMANA.,ADVOCATE) AND: 1. M/S HDFC ERGO GENERAL INSURANCE CO LTD., BY ITS MANAGER, IST FLOOR, HM GENEVA HOUSE, NO.14, CUNNINGHAM ROAD, BANGALORE-52. 2. SRI CHANDAN GOWDA B.R. S/O RAJU B P, R/OF BANDIHALLI AT POST, HULIYURDURGA HOBLI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 KUNIGAL TALUK, TUMKUR DISTRICT-572 123. …RESPONDENTS (BY SRI. MALLIKARJUNAREDDY N.A., ADVOCATE FOR SRI. B. PRADEEP., ADVOCATE FOR R1, R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2024 PASSED IN MVC NO. 254/2022 ON THE FILE OF THE MOTOR ACCIDENT CLAIMS TRIBUNAL, SMALL CAUSES JUDGE ACMM AND MACT, BENGALURU, (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING 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 28.02.2024 passed in MVC No.254/2022 on the file of the motor accident claims tribunal, Small Causes Judge, ACMM and MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant met with an accident on 20.12.2021 and filed claim petition claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,70,437/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that petitioner sustained grievous injuries and was admitted as an inpatient for a period of 19 days and he was working as a coolie and earning Rs.20,000/- per month. But the Tribunal has taken lesser income. Further, amount granted by the Tribunal under the other heads are meager. The Doctor considered the disability of both limbs as 60% and that of the whole body as 30%. But the Tribunal has taken 25% disability which is on lower side and thus requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 5. Learned counsel for respondent stated that the Tribunal has to take 1/3rd of 62% i.e, 21%. But the Tribunal has taken 25%, which is excessive. The Tribunal considered all the aspects and granted reasonable amount on other heads. 6. Though it is stated that petitioner was 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. He was aged 57 years and the multiplier taken is ‘9’. The Petitioner also examined orthopedic surgeon as PW2 and he has stated that the petitioner has sustained the following injuries (1) Deformity/abnormal mobility of right leg and (2) Tenderness restriction of movement of left shoulder. As per the x-ray, the injured has sustained fracture of proximal humerus of left side and fracture of both bone of right leg. The total disability of both limbs is considered at 62% and that of the whole body as 31%. He further stated that as he was an agriculturist, he cannot - 5 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 carry out his work or any manual work with the injuries sustained by him. He requires another surgery for removal of the implants at both limbs and the cost of the surgery is Rs.50,000/-. 7. As there is malunion of limbs, the Tribunal has rightly considered the disability as 25% and this Court finds no reason to interfere with the said disability. As the disability is more than 20%, he is also entitled for future prospects at the rate of 10%, as per the citation in MFA Nos.103807/2016 and connected matters in case of New India Assurance Co. Ltd., Vs Abdul S/o Mehaboob Tahasildar and Ors passed in Dharwad Bench, High Court of Karnataka, wherein it was held that if the disability is more than 20% future prospect should be added. Therefore, loss of future earning capacity = Rs.15,000 + 10% x 12 x 9 x 25% = Rs.4,45,500/-. Further, he incurred. Rs.33,437/- towards medical expenses and the said amount is confirmed. As he was hospitalized for a period of 19 days, - 6 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 considering the nature of injuries, his occupation, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. He might not have attended any other work at least for a period of 4 months. Therefore, Rs. 60,000/- is to be granted under the head loss of income during laid-up. The doctor stated that he requires surgery for removal of implants in both limbs and estimated the cost of surgery as Rs.50,000/-, therefore this court finds it reasonable to grant Rs.50,000/- for future medical expenses. 8. Thus in all, components awarded by this court are as below, - 7 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.5,70,437/- to Rs.7,08,937/- 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 28.02.2024 passed in MVC No.254/2022 on the file of the Sl.Nos. Particulars Amount in Rs. 1 Towards of future earning capacity 4,45,500 2 Towards medical bill 33,437 3 Towards pain and suffering 60,000 4 Towards amenities 30,000 5 Towards transportation 30,000 6 Loss of income during laid up period 60,000 7 Future medical expenses 50,000 Total 7,08,937 - 8 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 motor accident claims tribunal, Small Causes Judge ACMM and MACT, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.7,08,937/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,70,437/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,38,500/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:13834 MFA No. 5282 of 2024 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 69