- 1 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4040 OF 2025 (MV-I) BETWEEN: MADHU K.P S/O. PAPEGOWDA, AGED ABOUT 32 YEARS, R/AT. KAARGALLI KOPPALU, GALIGEKERE, MYSURU - 517 601. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: 1. S.V. MYTHRI SARMA S/O. SUBRAMANYAM, NO.25, 3RD CROSS, N.S. PARADISE TOWNSHIP, NEXT TO HP PETROL BUNK, AVALAHALLI, BENGALURU - 560 049. 2. TATA AIG GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, R/AT 2ND FLOOR, JP AND DEVI, JAMBUKESHWARA ARCADE, NO.69, MILLERS ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.25.02.2025 PASSED IN MVC NO.2142/2022 ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MEMBER, MACT, BENGALURU, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 (SCCH-26), PARTLY ALLOWING THE CLAIM 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 ORA JUDGMENT This appeal is filed against the judgment and award dated 25.02.2025, passed in MVC No.2142/2022 by the Court of XXIV Addl. Small Causes Judge and the MACT & ACJM, Bengaluru (for short 'Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. Heard the arguments of both sides. 4. Injured - claimant met with an accident on 14.03.2022 and filed the claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record, granted compensation of Rs.5,60,047/- along with interest at the rate of 6% per annum from date of petition, till the deposit. - 3 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 5. Aggrieved by the said order, the appellant preferred an appeal contending that the Tribunal committed error in awarding meagre compensation under the heads pain and sufferings, loss of income during laid up period, loss of amenities, loss of income etc. Therefore, he requested for enhanced compensation. Learned Counsel of the respondent stated that the Tribunal rightly considered all the aspects and granted reasonable amount. It needs no interference. 6. Though the petitioner stated that he was a lorry driver by profession and earning Rs.30,000/- per month. But, he did not produce any document to prove his income as he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month. He was aged 29 years as per Ex.P11-Adhar Card and the multiplier is 17. As per Ex.P8 - Wound certificate, the claimant sustained the following injuries: “fractures Tibia of Right Leg, Abrasion over left knee, right leg and face and abrasion over right side of the forehead, injury No.1 is grievous in nature." 6. The Petitioner also examined PW3 - Doctor and he stated that the petitioner sustained injuries on both bones of right leg and assessed the permanent physical disability of right - 4 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 lower limb as 41% and 20% to the whole body. The tribunal assessed the disability as 12% without any basis. 1/3rd of 41%, comes to 14%. Therefore this Court finds it reasonable to enhance the disability to 14% instead of 12%. So ‘loss of future earning capacity’ comes to: Rs.15,500 x 12 x 17 x 14% = Rs.4,42,680/-. 7. The claimant was hospitalised as inpatient for a period of 3 days. The Tribunal granted Rs.64,607/- towards Medical Expenses and it is confirmed. Considering the nature of injuries, 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 and Rs.40,000/- for transportation, extra- nourishment and attendant charges and the claimant might not have attended any other work at least for a period of four months and therefore, this Court finds it reasonable to grant Rs.62,000 (Rs.15,500x4) for ‘loss of income during laid up period’. PW.3-Doctor stated that he requires another surgery for removal of the implants and the estimated cost of the - 5 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 surgery is Rs.40,000/-. Therefore, this Court finds it reasonable to grant Rs.25,000/- for ‘Future medical expenses’. 8. Thus in all, components awarded by this Court are as below: 9. Compensation is enhanced from Rs.5,60,047/- to Rs.7,24,287/- and the enhanced compensation is Rs.1,64,240/-, which carries interest at the rate of 6% per annum. 10. In the result, the following order is passed: Particulars Amount in Rs. Loss of future earning capacity 4,42,680/- Medical Expenses 64,607/- Pain and Suffering 60,000/- Loss of Amenities 30,000/- Transportation, Extra Nourishment & Attendant Charges 40,000/- Loss of income during laid up period 62,000/- Future Medical Expenses 25,000/- Total 7,24,287/- - 6 - HC-KAR NC: 2026:KHC:7717 MFA No. 4040 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 25.02.2025, passed in MVC No.2142/2022 by the XXIV Addl. Small Causes Judge and the MACT & ACJM, Bengaluru is modified; iii. Respondent No.2 is directed to deposit the compensation of Rs.1,64,240/- with interest at 6% per annum within one month from the date of this order on such deposit, the appellant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE JS List No.: 1 Sl No.: 62