- 1 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2045 OF 2016 (MV-I) BETWEEN: 1. SRI. BASAVARAJU S/O. MAHADEVAPPA, AGED ABOUT 54 YEARS, OCC: COOLIE, R/AT KEMPEGOWDANAGARA, LAGGERE NEW COLONY, BENGALURU-560 0 58. …APPELLANT (BY SRI. SURESH M LATUR.,ADVOCATE) AND: 1. SMT. M. S. VIJAYALAKSHMI W/O. SRI. M.P. SRINIVAS, R/O. NO. 75, MAGADI ROAD, BENGALURU-560 023. 2. THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., DO. NO. 6, SRINIVASS MANSION, NO. 364/1, 10TH "B" MAIN, 3RD BLOCK, JAYANAGARA, BENGALURU-560 011. …RESPONDENTS (BY SRI.ASHOK N PATIL., ADVOCATE FOR R2) (V/O DATED 09.04.2019, NOTICE TO R1 D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 1.6.2015 PASSED IN MVC NO.4432/2012 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 01.06.2015 passed in MVC No.4432/2012, by the XXI ACMM & XXIII Additional Small Causes Judge, MACT, Court of Small Causes, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured claimant met with an accident on 15.05.2006 and filed a claim petition claiming compensation of Rs.6,00,000/-. The Tribunal after - 3 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 considering the entire evidence on record granted an amount of Rs.1,63,214/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the appellant/claimant preferred this appeal and mainly contended that he was aged 50 years, working as a coolie, and earning Rs.5,500/- per month at the time of the accident, but the tribunal granted meager amounts under the other heads and thus he requested for enhancement of the compensation. Learned counsel for the respondent contended that the tribunal has taken the income of the appellant/claimant as Rs.5,500/- per month without any basis. Perusal of the record shows that there is no evidence adduced by the appellant/claimant regarding income. Therefore, this Court finds it reasonable to rely upon the chart prepared by the Karnataka State Legal Services Authority and to take the notional income as Rs.3,500/- per month. He was aged 50 years, and the multiplier applicable is ‘13’. - 4 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 5. He sustained the fracture of both bones of left forearm and underwent open reduction (O.R.) and internal fixation (I.F) with DCP and discharged on 02.06.2006. He has difficulty to grip things with left upper limb and difficulty to do routine activities as such doctor opined 30% disability to the whole body. Considering the evidence on record the tribunal has taken 13% disability to the whole body and this Court finds no reason to interfere with the said order. Therefore, the loss of future earning capacity comes to Rs.3500/- x 12 x 13 x 13% = Rs.70,980/-. 6. He was hospitalized for a period of 15 days. As per Ex.P8, the tribunal granted Rs.2,020/- towards medical expenses and it is confirmed. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.40,000/- for pain and suffering. Rs.20,000/- for loss of amenities and appellant/claimant might not have attended any other work at least for a period of four - 5 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 months. Therefore, Rs.3,500/- X 4 = Rs.14,000/- granted under the head of loss of income during laid-up-period and he is also entitled for an amount of Rs.30,000/- towards transportation, extra nourishment and attendant charges. 7. The total compensation comes to Rs.70,980/- +Rs.40,000/- + Rs.20,000/-+ Rs.30,000/- + Rs.14,000/- + Rs.2,020/- = Rs.4,21,500/-. 8. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 70,980.00 2. Pain and suffering 40,000.00 3. Loss of amenities 20,000.00 4. Transportation, extra nourishment and attendant charges 30,000.00 5. Loss of income during laid up period 14,000.00 6. Medical expenses 2,020.00 TOTAL 1,77,000.00 - 6 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 9. The Tribunal has awarded the compensation of Rs.1,63,214/- but the appellant/claimant is entitled to total compensation of Rs.1,77,000/-. Compensation is enhanced from Rs.1,63,214/- to Rs.1,77,000/-. 10. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal dated 01.06.2015 passed in MVC No.4432/2012, by the 21st ACMM & 23rd Addl. Small Cause Judge, MACT, Court of Small Causes, Bengaluru is hereby modified holding that the claimant is entitled for total compensation of Rs.1,77,000/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.1,63,214/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.13,786/- with interest at the rate of 6% p.a. within 1 month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:9103 MFA No. 2045 of 2016 iv. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 78