- 1 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1302 OF 2025 (MV-I) BETWEEN: SRI SHANTHAIAH S/O LATE CHIKKANNA NOW AGED ABOUT 63 YEARS R/AT MADARASABRADODDI KASABA HOBLI, HARISANDRA POST RAMANAGARA TALUK AND DISTRICT -562 159 …APPELLANT (BY SRI TEJAS N, ADVOCATE) AND: 1. SRI NARAYANASWAMY S/O DODDAVENKATA REDDY AGE MAJOR R/AT KALIDAS BADAVANE HANUMANTHAPURA KORATAGERE TOWN TUMKURU DISTRICT -572 129 2. THE MANAGER CHOLA MS GENERAL INSURANCE NO.04, 9TH FLOOR, LEVEL -06 ’GOLDEN HEIGHTS’ COMPLEX 59TH ‘C’ CROSS, RAJAJINAGAR BENGALURU- 560010 …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 D/W V/O DT.12.03.26) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.12.2024 PASSED IN MVC NO.4652/2022 ON THE FILE OF THE MACT, Court OF SMALL CAUSES, BENGALURU AND ETC. THIS APPEAL, COMING ON FOR ORDERS, 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 05.12.2024 passed in MVC No.4652/2022 on the file of the MACT, Court of Small Causes, Bengaluru and seek 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 16.07.2022 and filed claim petition before the Tribunal claiming compensation of Rs.20,00,000/-. The Tribunal considering the - 3 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 entire evidence on record granted an amount of Rs.3,90,100/- with interest at the rate of 6% p.a. 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 appellant was doing agriculture and earning an amount of Rs.25,000/- p.m. Due to the accident, the appellant is suffering from total disability of the right arm at 35% and whole body disability at 12%. The Tribunal has taken only one month for loss of income during laid up period but the appellant is aged about 60 years and needs longer time for recovery. The Tribunal has granted meager amount on the conventional heads. Thus, requested for enhancement of the compensation. 5. Heard the arguments of both sides. Though it is stated that appellant is working as an agriculturist and earning Rs.25,000/- 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 2022. Thus, Tribunal finds it reasonable to take his notional income as Rs.15,500/- per month as per the guidelines - 4 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 issued by the Karnataka State Legal Services Authority. As the appellant was aged 58 years, the multiplier is 9. As per Ex.P6 – wound certificate, the appellant has suffered swelling and tenderness over right wrist; an abrasion over dorsum of the left hand; swelling and tenderness over right knee; abrasion over right knee and an abrasion over left leg. Out these injuries, injury No.1 is grievous in nature and other injuries are simple in nature. The doctor who has been examined as PW2 deposed that the appellant undergone for surgery and diagnosed fracture of the right distal radius and the appellant is suffering from total disability of the right arm at 35% and to the whole body disability at 12%. The Tribunal has right calculated the income under ‘loss of future income due to disability’ as Rs.2,00,880/- (15,500 x 12 x 9 x 12%). 6. The Tribunal granted Rs.53,661/- towards ‘medical expenses’ considering relevant documents and it is confirmed. 7. As per the evidence of doctor, the injuries are simple and grievous in nature and estimated the functional disability of 12% to the whole body and the appellant was - 5 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 hospitalized for a period of 4 days. Considering the nature of injuries, hospitalisation and other relevant factors, this Court finds it reasonable to award Rs.25,000/- towards ‘loss of future amenities’ and Rs.30,000/- towards ‘attendant, conveyance, food and nourishment charges’ and confirmed the amount of Rs.60,000/- awarded by the Tribunal towards ‘pain and sufferings’. The appellant might not have attended to any work at least for a period of 2 months due to the injuries sustained, this Court finds it reasonable to award Rs.31,000/- (15,500x2) towards ‘loss of income during laid up period’. As per the evidence of the doctor, the appellant has to undergo another surgery for removal of implants and estimated cost of the same is Rs.30,000/- and the Tribunal has granted Rs.20,000/- towards ‘Future Medical Expenses’ and the same is confirmed. 8. Thus, in all, components awarded by this Court are as under: Particulars Compensation granted by Tribunal Compensation enhanced by the High Court 1 Pain and suffering 60,000.00 60,000.00 - 6 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 2 Medical expenses 53,661.00 53,661.00 3 Conveyance, attendant, diet food and miscellaneous expenses 20,000.00 30,000.00 4 Loss of income during laid up period 15,500.00 31,000.00 5 Loss of future income due to disability 2,00,880.00 2,00,880.00 6 Loss of amenities 20,000.00 25,000.00 7 Future medical expenses 20,000.00 20,000.00 Total 3,90,041.00 4,20,541.00 Hence, the appellant is entitled for a total compensation of Rs.4,20,541/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount before the Tribunal. 9. 9. In the result, the following order is passed: ORDER I. The appeal is allowed in part. II. The judgment and award dated 05.12.2024 passed in MVC No.4652/2022 on the file of the MACT, Court of Small Causes, Bengaluru is modified. - 7 - HC-KAR NC: 2026:KHC:14755 MFA No. 1302 of 2025 III. The appellant is entitled to a sum of Rs.4,20,541/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.3,90,100/- granted by the Tribunal. IV. Respondent No.2 is directed to deposit enhanced compensation of Rs.30,441/- 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