- 1 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4349 OF 2025 (MV-I) BETWEEN: SRI ASHWATHANARAYANA SHETTY S/O LATE UGRA SHETTY AGED ABOUT 71 YEARS R/AT 78, ANUPAMAKALASA NEELAKANTESHWARA LAYOUT II CROSS, MANGAMMANAPALYA BENGALURU-560 068 …APPELLANT (BY SRI N R RANGEGOWDA.,ADVOCATE) AND: 1. SRI K AYYAVU S/O KAILASA GOUNDER R/AT NO.3/79 ESWARAN KOIL STREET KAKKAVERI POST, RASIPURAM TALUK NAMAKKAL DISTRICT TAMILNADU 2. UNITED INDIA INSURANCE CO. LTD. REP BY ITS MANAGER MOTOR DEALER DIVISION KRISHI BHAVAN, 6TH FLOOR HUDSON CIRCLE BENGALORE-560 001 …RESPONDENTS Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 (BY SRI B C SEETARAMA RAO, ADVOCATE FOR R2; V/O DT.27.06.25, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.01.2025 PASSED IN MVC NO. 4978/2021 ON THE FILE OF THE XII ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, 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 18.01.2025 passed in MVC No.4978/2021 on the file of the XII Additional Small Cause Judge and MACT, Bengaluru, for enhancement of compensation. 2. Heard the arguments of the learned counsel appearing for the respective parties. 3. The appellant/claimant met with an accident on 25.09.2021 and filed claim petition before the Tribunal claiming compensation of Rs.30,00,000/-. The Tribunal considering the - 3 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 entire evidence on record granted an amount of Rs.15,02,725/- with interest at the rate of 6% p.a. on Rs.14,72,725/- from the date of petition till its realization. Being aggrieved by the said order, this appeal is filed. 4. The learned counsel for the appellant mainly contented that the Tribunal has granted meager amount on the conventional heads. The doctor has assessed 80% permanent physical disability and the Tribunal has granted 6% interest instead of 9% interest on the award amount and the same has to be considered by this Court. The appellant was hospitalized for several times and treated as an inpatient. Thus, requested for enhancement of the compensation. 5. Heard the arguments of both sides. Though it is stated that appellant is working as Security Officer and earning Rs.22,000/- per month but he has not filed any income proof. It is not in dispute that the appellant met with an accident in the year 2021. Thus, this Court finds it reasonable to take his notional income as Rs.15,000/- per month as per the guidelines issued by the Karnataka State Legal Services Authority. As the appellant was aged 67 years, the multiplier is 5. The doctor - 4 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 deposed that the appellant has sustained open type III B fracture right distal 1/3 both bone leg and assessed 80% permanent physical impairment in right lower limb and 40% disability to whole body and also advised for regular follow up treatment. The appellant has undergone for treatment on several times. But the Tribunal has taken 30% disability to the whole body without any basis. As per the medical evidence, as it is a case of amputation below knee and it is a case of 80% permanent disability and aged about 67 years. Thus, ‘loss of future earning capacity due to disability’ comes to Rs.7,20,000/- (15,000 x 12 x 5 x 80%). 6. The Tribunal granted Rs.8,52,725/- towards ‘medical expenses’ as per the relevant medical documents and it is confirmed. 7. As per the evidence of doctor, the injuries are grievous in nature and estimated the permanent disability of 80% in right lower limb and 40% disability to the whole body and the appellant was hospitalized on different dates and continuously underwent for treatment for right below knee amputation. Considering the nature of injuries, hospitalisation - 5 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 and other relevant factors, this Court finds that the Tribunal has awarded reasonable amount of Rs.1,00,000/- towards ‘Pain and Sufferings’, Rs.1,00,000/- towards ‘loss of Amenities’ and Rs.60,000/- for ‘transportation, extra nourishment, attendant charges, food, etc’. The Tribunal considering the nature of the injuries, has taken 6 months laid up period and award Rs.90,000/- (15,000x6) towards ‘loss of income during laid up period’. Thus, the Tribunal has awarded reasonable amount on all the heads and hence, no need to interfere with the same. The doctor has estimated the cost for future medical expenses as Rs.80,000/- but the Tribunal has awarded Rs.30,000/- and this Court finds it reasonable to grant Rs.80,000/- towards ‘future medical expenses’ as per the estimation of the doctor. 8. Thus, in all, components awarded by this Court are as under: Particulars Compensation granted by Tribunal Compensation enhanced by the High Court 1 Loss of future earnings due to permanent 2,70,000.00 7,20,000.00 - 6 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 disability 2 Pain and sufferings 1,00,000.00 1,00,000.00 3 Medical expenses 8,52,725.00 8,52,725.00 4 Conveyance, food and nourishment, attendant charges and other incidental expenses 60,000.00 60,000.00 5 Loss of income during laid up period 90,000.00 90,000.00 6 Loss of amenities in life 1,00,000.00 1,00,000.00 7 Future medical expenses 30,000.00 80,000.00 Total 15,02,725.00 20,02,725.00 Hence, the appellant is entitled for a total compensation of Rs.20,02,725/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount before the Tribunal. 9. In the result, the following order is passed: ORDER I. The appeal is allowed in part. II. The judgment and award dated 18.01.2025 passed in MVC No.4978/2021 by the XII - 7 - HC-KAR NC: 2026:KHC:14345 MFA No. 4349 of 2025 Additional Small Cause Judge and MACT, Bengalurur is modified. III. The appellant is entitled to a sum of Rs.20,02,725/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.15,02,725/- granted by the Tribunal. IV. Respondent No.2 is directed to deposit enhanced compensation of Rs.5,00,000/- with interest at 6% p.a. within one month from the date of this order and on such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SN