- 1 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4310 OF 2024(MV-I) BETWEEN: SMT K. PUSHPA D/O KRISHNAPPA AND W/O GANESH AGED ABOUT 30 YEARS, R/AT NO 193, GUTTE PRADESHA, JP NAGAR, 8TH PHASE, KOTHANUR DINNE BENGALURU SOUTH, BANNERGHATTA ROAD, KARNATAKA 560076 …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN.,ADVOCATE) AND: 1. THE MANAGER CHOLAMANDALAM MS, GENERAL INS CO LTD, NO 04, 9TH FLOOR, KEVEL 6 GOLDEN HEIGHTS COMPLEX, 59TH CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU 10. 2. SRI MAHESHA B. S/O LATE M L BASAVAIAH, AGE MAJOR, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 R/AT NO 728, ASWATHKATTE ROAD, NEAR CINEMA THEATRE, N MURTHY LAYOUT, SINGAPURA BENGALURU - 560 097. …RESPONDENTS (BY SRI. PRADEEP B., ADVOCATE FOR R1; V/O DATED 12.09.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2024 PASSED IN MVC NO.3431/2023 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM AND MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-11), 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 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 03.04.2024 passed in MVC No.3431/2023 by the I Additional Small Cause Judge and - 3 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 ACMM and Motor Vehicle Accident Claim Tribunal, Bengaluru (SCCH-11), (for short, 'the Tribunal') seeking enhancement of compensation. 2. The injured claimant met with an accident on 28.05.2023 and filed a claim petition claiming compensation of Rs.20,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.7,06,611/- with interest at 6% per annum from the rate of petition till realisation. 3. Aggrieved by the said award, the claimant has preferred this appeal contending that the Tribunal has granted meager amounts under various heads despite he having sustained grievous injures. The doctor has assessed the permanent disability at 42% to the left lower limb and 14% to the whole body. It is contended that due to the injuries sustained, the claimant might not have attended any other work at least for period of three months during laid-up period. However, the Tribunal has awarded a meager amount under the head of loss of - 4 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 income during the laid-up period. The Tribunal has taken his monthly income at Rs.10,000/-, whereas he claims that he was earning Rs.16,000/- per month. It is further contended that future prospects ought to have been added and that he requires one more surgical procedure, the estimated cost for the same is Rs.60,000/-. On these grounds, the appellant seeks enhancement of compensation. 4. Learned counsel for the respondent submitted that the claimant is not entitled to addition of future prospects and that the Tribunal has rightly considered all the aspects of the matter and awarded just compensation. It is further submitted that the Tribunal has already granted Rs.40,000/- towards future medical expenses and that any additional amount, may be considered only on the basis of the additional documents produced before this Court. 5. Learned counsel for the appellant submitted that the claimant was doing business and earning - 5 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 Rs.20,000/- per month, however, no documentary proof of income has been produced. As he met with an accident in the year 2023, his notional income is to be taken as Rs.16,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 29 years at the time of the accident and the applicable multiplier is '17'. 6. The appellant sustained a grievous injury, namely, fracture of the distal one-third of both bones of the left leg. The appellant examined the doctor as PW-2. The doctor deposed that there is a healed scar over the left leg, restricted movements of the left knee and ankle, and wasting of the calf muscles. The X-ray of the left leg reveals united fractures of the tibia and fibula with implant in situ. The doctor assessed the permanent disability at 42% to the left lower limb and 14% to the whole body and estimated the cost of another surgery at Rs.60,000/-. The doctor has taken one-third of 42% and assessed the whole body disability at 12%. This Court finds no reason to - 6 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 interfere with the said assessment. Accordingly, the loss of future earning capacity comes to Rs.16,000/-x 12x17x12% = Rs.3,91,680/-. 7. The Tribunal has granted Rs.1,65,931/- towards medical expenses and the same is confirmed. 8. The Tribunal has also awarded Rs.55,000/- towards pain and suffering. This Court finds it appropriate to award a further an amount of Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attending charges. He might not have attended any other work at least for a period of three months. Therefore, loss of income during the laid-up period is calculated at Rs.16,000/- × 3 months = Rs.48,000/-. 9. The appellant has produced additional medical bills amounting to Rs.87,239/-. The Tribunal has already awarded Rs.40,000/- towards future medical expenses. Therefore, the claimant is entitled to the balance amount - 7 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 of Rs.47,239/- under the head of future medical expenses. 10. Thus, the compensation awarded by this Court is as follows: 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.8,07,850/- as against Rs.7,06,611/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,01,239/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 3,91,680.00 Medical bills 1,65,931.00 Pain and suffering 55,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 loss of income during paid- up period 48.000.00 Future medical expenses 87,239.00 Total 8,07,850.00 - 8 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 ii. The judgment and award dated 03.04.2024 passed in MVC No.3431/2023 by the I Additional Small Cause Judge and ACMM and Motor Vehicle Accident Claim Tribunal, Bengaluru (SCCH-11), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1.01.239/-. (Rs.8,07,850/- minus Rs.7,06,611/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.1,01,239/- with interest rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:10860 MFA No. 4310 of 2024 v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 50