- 1 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4352 OF 2016 (MV-I) BETWEEN: SRI. S. UMAPATHI S/O. SUBRAMANYA N, AGED ABOUT 42 YEARS, R/O NO. 3120, GANIGARAPETE, DODDABALLAPURA TOWN, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. RAMESH KUMAR R.V, ADVOCATE) AND: 1. SRI. G.P.LOKESH MAJOR, S/O. LATE G.T. PUTTASWAMY, R/AT #19, BEHIND CHAMUNDESHWARI TEMPLE, GOTTIGERE, BANNERUGHATTA ROAD, BANGALORE - 560 083. (RC OWNER OF MATIZ CAR BEARING REG NUMBER KA-05-MC-2345) 2. M/S. UNITED INDIA INSURANCE CO. LTD., BY ITS REGIONAL MANAGER, T.P. HUB, 5TH FLOOR, KRISHIBHAVANA, N.R. ROAD, NEAR HUDSON CIRLCE, BANGALORE - 560 001. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 (INSURER OF MATIZ CAR REG NO. KA-05-MC-2345) (POLICY NO. 0704813114P106842612 VALID FROM 26/11/2014 TO 25/11/2015) …RESPONDENTS (BY SRI. K. SURESH, ADVOCATE FOR R2; VIDE ORDER DATED 17.07.2021, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2016 PASSED IN MVC NO.1298/2015 ON THE FILE OF THE II ADDITIONAL SMALL CAUSES JUDGE, & XXVIII ACMM, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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 common judgment and award dated 20.04.2016 passed in MVC Nos.1298/2015 and 1299/2015. However, MFA No.4352/2016 is filed against the award passed in MVC No.1298/2015 on the file of the II Additional Small Causes Judge and XXVIII ACMM, MACT, Bengaluru, (SCCH-13), seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 20.01.2015 and filed claim petition claiming compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,21,300/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured was aged 40 years at the time of the accident and was working as a Purohit at Anjaneya Swami Temple, Doddaballapura, earning Rs.20,000/- per month. He sustained fracture injuries, which are grievous in nature and underwent skin grafting. The petitioner examined the doctor as PW.3, who assessed the disability at 34% to the lower limb and 17% to the whole body. The Tribunal has taken the notional income of the petitioner/injured at Rs.7,000/- per month and also awarded - 4 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 meagre amounts under the other heads. Though the petitioner has incurred medical expenses to an extent of Rs.1,80,730/-, the Tribunal has awarded only Rs.70,300/- towards medical expenses, which is on the lower side. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent No.2/insurance company stated that the Tribunal verified each and every bill and rightly granted a sum of Rs.70,300/- towards medical expenses and it is to be confirmed. He further stated that the petitioner/injured was continuing his profession as a Purohit even after the accident. Therefore, the Tribunal has not granted any amount under the head loss of future income and it needs no interference. As per Ex.P.7-driving license, he was born on 15.04.1973 and he met with an accident on 20.01.2015. Therefore, his age is 42 years and the applicable multiplier is '14'. 6. Though the petitioner stated that he was Purohit and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2015, his notional income is to be taken at Rs.9,000/- per month, as per - 5 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 the chart prepared by the Karnataka State Legal Services Authority. PW.3 stated that the petitioner/injured had sustained left tibia communited fracture, fracture dislocation of right torso metatarsal joint, difficulty to stand on affected limb, difficult to climb upstairs, difficulty to walk on steps difficulty to kneel, difficulty to sit cross legged, walks with limp with help of walker or stick and assessed the disability at 34% to the lower limb and 17% to the whole body. It is observed that the petitioner is continuing his occupation as a Purohit even after the accident. Merely because he has continued the same profession as he was doing prior to the accident, it cannot be said that he has not sustained any disability or that there is no loss of future earning capacity. Admittedly, the petitioner sustained fracture injuries and the doctor has assessed the disability at 34% to the lower limb. The petitioner was hospitalized for a period of 13 days. Considering the nature of injuries, this Court finds it reasonable to take 1/3rd of 34%, i.e., 11%, as the disability to the whole body. Accordingly, the loss of future earning capacity comes to Rs.1,66,320/- (Rs.9,000 x 12 x 14 x 11%). - 6 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 7. The Tribunal, in paragraph No.18 of the judgment gave reasoning for not considering the concerned medical bills, as it does not bear the signature of the Hospital Authority and it does not bear the medical store name and doctors' names. It is further observed that the remaining bills are pharmacy bills duly supported by medical prescriptions. On verification of the same, the Tribunal has awarded a sum of Rs.70,300/- towards medical expenses and the said amount is confirmed. PW.3-doctor stated that the petitioner underwent wound debridement of left leg and fixation of left tibia closed reduction of right foot with fixation of K wires, skin grafting, later K- wires removed on 22.06.2015 underwent bone marrow injection and he needs further surgery for removal of the implants. PW.3-doctor observed that the petitioner/injured was sustained the following disabilities: a. Walking with help of the walker or stick. b. Tenderness over right foot. c. Restriction of joint movements of left knee flexion-extension is 15, normal 0.125. d. Difficult to squat on floor. - 7 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 e. Difficult to climb upstairs, walk on slop, to stand affected, sit cross-legged and difficult to kneel. He further stated that on radiological examination fracture of left tibia united with implants in situ, right torso metatarsal dislocation reduced and he observed that there is 34% disability to the lower limb. In support of his evidence, he produced the OPD book and X-rays. Therefore, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended any other work at least for a period of four months. Therefore, Rs.36,000/- (9,000x4) is awarded under the head loss of income during laid up period. As the doctor already suggested another surgery for removal of the implants, the Tribunal has rightly granted a sum of Rs.25,000/- towards future medical expenses and it is confirmed. 8. Thus in all, compensation awarded by this Court is as below: - 8 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,32,620/- 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. ii. The judgment and award dated 20.04.2016 passed in MVC No.1298/2015 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 75,000/- 2. Towards medical expenses 70,300/- 3. Towards loss of amenities 30,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 36,000/- 6. Towards loss of future earning capacity 1,66,320/- 7. Towards future medical expenses 25,000/- Total 4,32,620/- - 9 - HC-KAR NC: 2026:KHC:8482 MFA No. 4352 of 2016 II Additional Small Causes Judge and XXVIII ACMM, MACT, Bengaluru, (SCCH-13), is modified. iii. The claimant is entitled to a sum of Rs.4,32,620/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,21,300/- 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.2,11,320/- 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 AMA/List No.: 1 Sl No.: 86