- 1 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 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. 4252 OF 2024 (MV-I) BETWEEN: MALLIKARJUNA S.M, S/O. SHIVANANDAIAH, AGED ABOUT 43 YEARS, R/AT NO. 2662, KOTE BEEDI, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT - 562 123. …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: THE MANAGING DIRECTOR BMTC, DIVISION, K.H. ROAD, SHANTHI NAGAR, BENGALURU - 560 027. …RESPONDENT (BY SRI. NAGARAJA K, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 06.02.2024 PASSED IN MVC NO.3372/2021 ON THE FILE OF THE IV ADDITIONAL SMALL CAUSE JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU, (SCCH-6), PARTLY ALLOWING THE CLAIM Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 06.02.2024 passed in MVC No.3372/2021 on the file of the IV Additional Small Cause Judge and ACMM, Court of Small Causes, Bengaluru, for enhancing the compensation. 3. The petitioner/injured claimant met with an accident on 22.07.2021 and filed a claim petition claiming compensation of Rs.40,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, - 3 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 granted an amount of Rs.5,12,840/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. The petitioner has already received Rs.10,000/- as interim compensation from BMTC. Hence, the petitioner is entitled for total compensation of Rs.5,02,840/-. Aggrieved by the said order, the claimant has preferred this appeal. 4. Learned counsel for the appellant contended that the claimant sustained fracture injuries, which are grievous in nature and was hospitalized as an inpatient for a period of 3 days. The petitioner examined the doctor as PW3 and he assessed the disability of the right lower limb at 43% and whole body disability at 14%, but, the Tribunal erred in taking the disability as 10%. He further submits that the claimant was earning Rs.30,000/- per month, but the Tribunal has taken his notional income as Rs.15,000/- per month. It is also contended that 25% is to be added towards future prospects and that the amounts - 4 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 granted under the other heads are meager. Therefore, requested for enhancement of the compensation. 5. Though the petitioner stated that he was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered his notional income as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 40 years and the relevant multiplier applicable is 15. 6. The petitioner filed Ex.P8-wound certificate and also Ex.P39-discharge summary. The petitioner examined the doctor as PW3, an Orthopaedic Surgeon and he stated that the petitioner sustained fracture of the right femur condyle and fracture of the right tibial condyle. The petitioner was treated with CRIF with CC screws for Hoffa’s fracture and the lateral condyle fracture of the right lower limb. The petitioner complains of pain and weakness in the right knee and states that he is unable to fold the right - 5 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 knee, sit down, squat or sit cross legged. He has wasting of the right thigh muscles and restricted movement of the right knee. The X-ray of the right knee shows united fractures of the medial and lateral condyles of the tibia with implant in situ. PW3 assessed the disability of the right lower limb at 43% and that of the whole body disability at 14%. It is further stated that the petitioner requires another surgery for removal of the implants and estimated the cost of the surgery as Rs.60,000/-. One- third of 43% comes to 14%. However, the Tribunal has erred in taking the disability at 10% without any basis. Therefore, the disability is to be taken as 14% for the purpose of calculation. Accordingly, the loss of future earning capacity comes to Rs.15,000/- x 12 x 15 x 14% = Rs.3,78,000/-. The Tribunal has granted Rs.67,840/- towards medical expenses as per Ex.P10 to Ex.P23 and the said amount is confirmed. The petitioner was hospitalized as an inpatient for a period of 3 days. The Tribunal has already granted Rs.50,000/- towards pain and suffering - 6 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 and Rs.25,000/- towards loss of amenities and the said amounts are confirmed. The petitioner is entitled for Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, Rs.45,000/- (Rs.15,000/- x 3) is to be granted under the head loss of income during laid up period. The Tribunal already granted Rs.60,000/- towards future medical expenses and it is confirmed. 7. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earning capacity 3,78,000 Pain and suffering 50,000 Loss of amenities 25,000 Transportation, extra nourishment and attendant charges 30,000 Loss of income during laid up period 45,000 Medical Expenses 67,840 Future Medical Expenses 60,000 Total 6,55,840 - 7 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,55,840/- 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 06.02.2024 passed in MVC No.3372/2021, by IV Additional Small Cause Judge and ACMM, Court of Small Causes, Bengaluru, is modified; iii. The claimant is entitled to a sum of Rs.6,55,840/- along with interest at 6% per annum as from the date of petition till the date of realization, instead of Rs.5,02,840/- granted by the tribunal. - 8 - HC-KAR NC: 2026:KHC:20285 MFA No. 4252 of 2024 iv. Respondent-Managing Director, BMTC Division has already deposited the awarded amount before the Tribunal. Therefore, the respondent is directed to deposit the enhanced compensation of Rs.1,53,000/- along with the 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.: 51