- 1 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 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. 7709 OF 2025 (MV-I) BETWEEN: SRI. VENKATESH, S/O MUDLAPPA, AGED ABOUT 46 YEARS, R/AT RAYAN NAGAR, KUNIGAL ROAD, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT - 562 123. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. SRI. BEERENDRA PRASAD, S/O MUNIRAJU, MAJOR, R/AT BHAKTHANAPALYA, VAJARAHALLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT - 562 123. 2. THE MANAGER, ROYAL SUNDARAM GEN. INS. CO. LTD., HOTEL IBS COMPLEX, 3RD FLOOR, RAJARAM MOHAN ROY ROAD, OPP. KANTEERAVA STADIUM, BENGALURU. LORRY BEARING REG. NO. KA-34-B-5089, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 POLICY NO.VGC0867126000101 VALID FROM 12/11/2023 TO 11/11/2024. …RESPONDENTS (BY SRI. RAVISHANKAR S SAMPRATHI., ADVOCATE FOR R2; V/O/D 09.01.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.18.06.2025 PASSED IN MVC NO.3452/2024 ON THE FILE OF THE XXI ADDITIONAL SCJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-23, 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 18.06.2025 passed in MVC No.3452/2024 on the file of the XXI Additional Small Cause Judge and ACJM, Member, MACT, Bengaluru (SCCH- 23), for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent - 3 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 05.04.2024 and filed petition before the Tribunal for compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.12,29,900/- 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 sustained grievous injuries and was hospitalized as an inpatient for 24 days. The doctor assessed the disability of the right lower limb at 60% and that of the whole body at 20%. But the Tribunal has considered only 15% disability. The petitioner was working as a mason and earning Rs.30,000/- per month, but the Tribunal has erred in taking his income as Rs.16,500/- per month. The petitioner requires one more surgery for the removal of implants and the estimated cost of the surgery is - 4 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 Rs.60,000/-. The amounts awarded under the other heads are also meagre. Therefore, requested for enhancement of the compensation. 4. Learned counsel for respondent No.2 stated that the petitioner sustained a fracture of the right tibia at two places and the fractures are united. Therefore, the Tribunal has rightly considered the disability at 15% and it needs to be confirmed. The Tribunal has rightly awarded compensation under the other heads and the same does not call for any interference. 5. Though it is stated that the petitioner/injured was earning Rs.30,000/- per month, he has not filed any income proof. As the accident occurred in the year 2024, the Tribunal has rightly taken the notional income at Rs.16,500/- per month. The petitioner was aged 47 years and the multiplier is taken as ‘13’. The petitioner/injured examined the doctor as PW.3 and as per the evidence of the doctor, he sustained the following injuries: - 5 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 "Right type III B fracture dislocation of the right tibial plateau, right leg type III A tibial shaft fracture." It is further stated that he has treated him with wound debridement & ORIF with knee spanning Ex-Fix on 05.04.2024 and later Ex-Fix removal & ORIF with plate & screw on 23.04.2024. The petitioner/injured has swollen right leg with foot drop (CPN palsy), restricted right knee movements duy to posttraumatic stiffness, wasting of the right thigh muscles and loss of ankle movements. Recent X-ray of the right leg shows united fracture with implant in-situ. The doctor examined the petitioner clinically and radiologically and assessed the physical disability of the right lower limb at 60% and that of the whole body at 20%. He further stated that the petitioner requires another surgery for removal of implants and estimated cost of the surgery at Rs.60,000/-. 6. Learned counsel for respondent No.2 stated that the doctor is not the treated doctor and he assessed - 6 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 the disability on the higher side. PW.3 has not issued any estimate for future treatment. Considering the medical evidence, this Court finds it reasonable to take the disability at 1/3rd of 60% i.e., 20%. The petitioner/injured is also entitled to an addition of 25% towards future prospects, as the disability is to the extent of 20%, in view of the judgment of the this Court in MFA No.103807/2016 dated 27.05.2022, between New India Assurance Company Limited Vs. Abdul S/o Mehaboob Tahasildar & Others. Accordingly, the loss of future earning capacity comes to Rs.6,43,500/- (16,500 + 25% × 12 × 13 × 20%). The petitioner has incurred medical expenses of Rs.6,41,800/- as per Ex.P.13 and the said amount is confirmed. The petitioner was hospitalized for a period of 24 days. This Court finds it reasonable to grant an amount of Rs.70,000/- towards pain and suffering. The Tribunal has already awarded Rs.50,000/- towards loss of amenities, Rs.36,000/- towards attendant charges, extra nourishment food and - 7 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 conveyance charges and Rs.66,000/- towards loss of income during the laid-up period for four months and the said amounts are confirmed. Further, a sum of Rs.40,000/- is awarded towards future medical expenses. 7. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 70,000/- 2 Towards medical expenses 6,41,800/- 3 Towards loss of amenities 50,000/- 4 Towards attendant charges, extra nourishment food and conveyance charges 36,000/- 5 Towards loss of income during laid up period 66,000/- 6 Towards future medical expenses 40,000/- 7. Towards loss of future earning capacity 6,43,500/- Total 15,47,300/- - 8 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.15,47,300/- 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 18.06.2025 passed in MVC No.3452/2024 on the file of the XXI Additional Small Cause Judge and ACJM, Member, MACT, Bengaluru (SCCH- 23), is modified. iii. The claimant is entitled to a sum of Rs.15,47,300/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.12,29,900/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before - 9 - HC-KAR NC: 2026:KHC:14894 MFA No. 7709 of 2025 the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit enhanced compensation of Rs.3,17,400/- 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. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 55