- 1 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 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. 3976 OF 2025 (MV-I) BETWEEN: SRI MUKESH KUMAR K.S. AGED ABOUT 25 YEARS, S/O. SRINIVASA K, R/A. NO. 2, 2ND B CROSS, MANORAYANAPALYA, RT NAGAR, BENGALURU-560 032. …APPELLANT (BY SRI. D. NAGARAJA.,ADVOCATE) AND: 1. SRI ARUN KUMAR A MAJOR, S/O. ANJANAPPA L, R/A. NO. 1, I MAIN ROAD, 2ND CROSS, MUNESHWARA LAYOUT, MANORAYANAPALYA, RT NAGAR POST, BENGALURU- 560 032. 2. LIBERTY GENERAL INSURANCE LTD., NO. 1, ALYASSA, 1ST FLOOR, REAR PORTION, OLD NO. 28, NEW NO. 23, RICHMOND ROAD, RICHMOND TOWN, BENGALURU- 560 025, REP. BY ITS MANAGER …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 (BY SRI. SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2; V/O DTD 06/08/2025, NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 17.03.2025 PASSED IN MVC NO. 365/2022 ON THE FILE OF THE VI ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU SCCH-2 PARTLY ALLOWING THE CLAIM ETITION 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 Heard the arguments of both sides. 2. This appeal is filed under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 17.03.2025 passed in MVC No.365/2022, by the VI Additional Judge, Court of Small Causes and ACJM and MACT, Bengaluru, (SCCH-2) (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 3. The injured claimant met with a road traffic accident on 22.12.2021 and filed a claim petition seeking compensation of Rs.36,00,000/-. The Tribunal, after considered the evidence 14,46,251/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, the claimant has preferred the present appeal contending that he sustained grievous injuries. The doctor examined as PW-3 assessed the disability at 42.22% to the limb and 14.07% to the whole body. It is further contended that the Tribunal erred in taking the disability at 5% and awarded meager amounts under the other heads. 5. It is also contended that though the Tribunal granted Rs.1,62,000/- towards loss of future income, the same was not reflected in the operative portion of the award. The claimant was treated as an inpatient for 21 days, and therefore seeks for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 6. Per contra, learned counsel of the respondent contended that the Tribunal has rightly taken the disability at 5% based on the medical evidence, as it does not affect the earning capacity of the claimant and that the compensation awarded under other heads is just and reasonable, needs no interference. 7. Though it is contended that the appellant was working as an electrician earning Rs.25,000/- per month, no documentary proof is produced. As the accident occurred in the year 2021, this Court finds it reasonable to take his notional income as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authorities. The appellant was aged 22 years and the applicable multiplier is '18'. 8. As per Ex.P-10 - wound certificate and Ex.P-13 - discharge summary, the claimant sustained the following injuries: Injuries: i. RTA with TBI(Traumatice Brain Injury) - 5 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 ii. Fracture of left clavicle and left scapula, iii. Mid-clavicular fracture with segmental involvement iv. Thrombosis of subclavian artery Operations done: i. Wound debridement, exploration and repair of subclavian artery with skin graft done on 24.12.2021. ii. PTEF (Poly Tetra Fluoro Ethylene) prosthetic bypass graft + repair to subclavian artery done on 25.12.2021. iii. Wound suturing + IMF (Inter Maxillary Fixation) screw application done on 06.01.2022. 9. The doctor (PW-3, Senior Consultant Orthopedist) deposed that: i. The fractures have united with implants in situ ii. The scapula fracture shows malunion iii. Wrist and elbow movements are normal - 6 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 iv. Disability is assessed at 42.22% to the limb and 14.07% to the whole body v. The claimant may require a future surgery for removal of implants 10. Considering the medical evidence, this Court finds it reasonable to take the functional disability at 14% to the whole body. Accordingly, the loss of future earning capacity comes to Rs.15,000/- × 12 × 18 × 14% = Rs.4,53,600/-. 11. The appellant has incurred a sum of Rs.13,01,251/- towards medical expenses. The Tribunal has awarded the said amount and the same is confirmed. 12. The appellant was hospitalised for a period of 21 days. Considering the nature of injuries and period of hospitalisation and other relevant factor, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. Appellant might not - 7 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 have attended any other work at least for a period of three months. Therefore, this Court finds it reasonable to grant amount of Rs.45,000/- towards loss of income during laid- up period. 13. Thus, the compensation awarded by this Court is as follows: 14. In summary, the appellant/claimant is entitled to a total compensation of Rs.19,44,851/- as against Rs.14,46,251/- awarded by the Tribunal. The enhanced compensation works out to Rs.4,98,600/-. To this extent, the award passed by the Tribunal is modified. 15. In the result, pass the following: Particulars Amount in Rs. Loss of future earning capacity 4,53,600.00 Pain and suffering 75,000.00 Loss of amenities 30,000.00 Medical bills 13,01,251.00 Transportation, extra nourishment and attendant charges 40,000.00 Loss of income during laid up period 45,000.00 Total 19,44,851.00 - 8 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.03.2025 passed in MVC No.365/2022, by the VI Additional Judge, Court of Small Causes and ACJM and MACT, Bengaluru, (SCCH-2), is hereby modified; iii. The appellant-claimant is entitled to compensation of Rs.19,44,851/-. with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.4,98,600/- with interest rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:17027 MFA No. 3976 of 2025 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.: 51