- 1 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 667 OF 2025 (MV-I) BETWEEN: SRI. MANJUNATH T.R S/O RANGASWAMAIAH NOW AGED ABOUT 32 YEARS, R/A SHANKARAPPA COMPOUND, 7TH CROSS, UPPARAHALLI, SOMESWARAPURAM, TUMKUR DISTRICT - 872 102. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. THE MANAGER SBI GEN. INS. CO., LTD., FIRST FLOOR, NO. 3/1, RUKMINI TOWERS, PLATFORM ROAD, SHESHADRIPURAM, BENGALURU - 560 020. 2. GOPI TRADERS, PRO Y. GOPI NO. 173, JELAGERAMMA TEMPLE LOTTEGOLLAHALLI, M.V. EXTENSION II STAGE BENGALURU - 560 094. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R1; VIDE ORDER DATED 16.03.2026, NOTICE TO R2 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2024 PASSED IN MVC NO.7965/2019 ON THE FILE OF THE XI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-12, BENGALURU (SCCH-12), 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 27.04.2024 passed in MVC No.7965/2019 on the file of the XI Additional Small Causes Judge and ACMM, Court of Small Causes, Member, MACT- 12, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 3. The petitioner/injured claimant met with an accident on 26.10.2019 and filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,89,123/- 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 and mainly contended that the petitioner/injured examined PW.2-Orthopedic Surgeon, who assessed the disability at 33% of the right arm and 11% to the whole body. The petitioner also examined PW.3-Dental Surgeon, who assessed the disability at 25% to the whole body. But the Tribunal has erroneously taken the disability at 8% and the compensation awarded under other heads is meagre. It is further stated that the petitioner/injured was working as a finance officer at Capital Finance, Chikkaballapura, and his income was taken on the lower side. Therefore, requested for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 4. Learned counsel for respondent No.1/Insurance Company contended that the petitioner/injured himself admitted that he was earning Rs.13,000/- per month. As such, the Tribunal has rightly taken his income at Rs.13,000/- per month. Moreover, the injuries sustained to the teeth will not come in the way of his employment and thus Tribunal has rightly not considered the disability given by PW.3 and the disability assessed by the Tribunal at the rate of 8% is just and proper. 5. Though petitioner/injured stated that he was earning Rs.13,000/- per month, he has not filed any income proof. In cases where there is no proof of income, this Court relies upon the chart prepared by the Karnataka State Legal Services Authority and considers the notional income mentioned therein. Accordingly, in the present case, this Court finds it reasonable to take the notional income at Rs.14,000/- per month, as the accident occurred in the year 2019. As it is a beneficial legislation, whichever is beneficial to the petitioner is to be taken. The - 5 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 petitioner was aged 25 years and the applicable multiplier is ‘18’. The petitioner/injured examined PW.2-Orthopedic Surgeon, he stated that the petitioner/injured had sustained a nasal bone fracture and fracture of lateral third of the right clavicle. He further stated that the petitioner was treated with ORIF using plate and screws. The fractures have united. However, petitioner continues to complain of weakness and pain in the right shoulder and is unable to lift weights or carry his routine work normally. PW.2 further stated that the petitioner has a healed scar with palpable hardware and restricted movements of the right shoulder. X-ray of the right shoulder shows a united fracture with the implant in situ. He assessed the permanent disability at 33% of the right arm and 11% to the whole body. He also stated that the petitioner requires another surgery for removal of the implant and the estimated cost of which is Rs.60,000/-. The petitioner also examined a Dental Surgeon as PW.3, - 6 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 he stated that the petitioner had sustained orofacial injuries, namely panfacial injury, including: 1. Nasal bone fracture with displacement; and 2. Fracture of the upper four anterior teeth, which have become non-vital. PW.3 assessed the permanent disability at 25% to the whole body. It is stated that the petitioner has suffered permanent disability in respect of the nasal bone fracture and damage to the four upper incisor teeth. He was treated for the nasal bone fracture and requires root canal treatment along with metal-free ceramic crowns for the four upper incisor teeth. It is further stated that the function of the jaws is to hold the teeth, which in turn will help in biting (chewing) food and aesthetics (appearance). The estimated cost for the root canal treatment and metal- free ceramic crowns for the four upper incisor teeth is Rs.60,000/-. 6. Learned counsel for respondent No.1/Insurance Company contended that though the petitioner/injured - 7 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 sustained injuries to his teeth, the same will not affect his work. However, the petitioner/injured was working as a Finance Officer in a capital finance company, where he has to deal with people who are appearing before him. He has sustained a fracture of the nasal bone and requires root canal treatment and he cannot chew hard food and his chewing ability is restricted to 50%. Consequently, it would affect his ability to eat properly and work properly. Therefore, this Court finds it reasonable to consider the disability of the orofacial injuries at 10% for the purpose of calculation. Admittedly, PW.2 has assessed the disability of the right arm at 33% and 1/3rd of it comes to 11% to the whole body. The disability assessed by PW.3 is taken at 10%. Thus, the total disability is assessed at 21%. As the disability is more than 20%, the petitioner/injured is entitled to an addition of 40% towards future prospects, in view of the judgment of this Court in MFA No.103807/2016 dated 27.05.2022, between New India Assurance Company Limited Vs. Abdul S/o - 8 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 Mehaboob Tahasildar & Others. Thus, the loss of future earning capacity comes to Rs.8,89,056/- (Rs.14,000 + 40% × 12 × 18 × 21%). The Tribunal has awarded a sum of Rs.86,483/- towards medical expenses and it is confirmed. The petitioner/injured was hospitalized for a period of five days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award a sum of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards transportation, extra nourishment and attendant charges and Rs.25,000/- towards loss of amenities. This Court also finds it reasonable to award Rs.60,000/- towards future medical expenses. 7. Thus in all, compensation awarded by this Court is as below: - 9 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.11,40,539/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 27.04.2024 passed in MVC No.7965/2019 on the file of Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 86,483/- 3 Towards loss of amenities 25,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards future medical expenses 60,000/- 6 Towards loss of future earning capacity 8,89,056 /- Total 11,40,539 /- - 10 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 the XI Additional Small Causes Judge and ACMM, Court of Small Causes, Member, MACT-12, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.11,40,539/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,89,123/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit enhanced compensation of Rs.7,51,416/- 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. - 11 - HC-KAR NC: 2026:KHC:17147 MFA No. 667 of 2025 vi. The Tribunal has already directed pay and recovery. Therefore, the Insurance Company is at liberty to recover the same from the owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 50