- 1 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3312 OF 2014 (MV-I) BETWEEN: 1. SRI SATISH C, S/O CHANDRAPPA, AGED ABOUT 26 YEARS, R/AT CHINTALA MADIWALA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 106. …APPELLANT (BY SRI. RAHUL P, ADVOCATE) AND: 1. THE MANAGER SRIRAMA GENERAL INSURANCE COMPANY LTD,REGIONAL OFFICE, NO. 5-5, 2ND FLOOR, MONORK CHAMBER, INFANTRY ROAD,BANGALORE - 560 001. 2. T JAYASHANKAR, S/O TANDAVARAYAN, AGED ABOUT 43 YEARS, NO. 97, NADU STREET, MAYALLUR VILLAGE, ARCOT TALUK, VELLORE DISTRICT,TAMILNADU - 583 103. …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA,ADVOCATE FOR R-1; V/O/D 19.01.2015 NOTICE TO R-2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 8.11.2013 PASSED IN MVC Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 NO.3403/2012 ON THE FILE OF THE XXI A.C.M.M. & XXIII A.S.C.J., BANGALORE, ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred by the appellant-claimant against the award dated 08.11.2013 passed in MVC No.3403/2012 by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru. [for short 'Tribunal'] claiming enhancement of compensation. 2. The claimant Satish met with an accident on 24.11.2011 and filed claim petition claiming compensation of Rs.15,00,000/- along with interest towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of ₹2,03,000/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount in the Tribunal. Aggrieved by the said order, this instant appeal is preferred in which he - 3 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 mainly contended that appellant-claimant was admitted in the hospital for 17 days and took treatment. The appellant-claimant was working as driver in his own transport and earning ₹10,000/- per month and he was unable to drive his vehicle for 6 months due to the injuries sustained in the accident. PW.2-doctor assessed the disability in respect of left arm and ribs at 30% and 10% towards whole body but the Tribunal has taken only 10%. Lastly, he contends that amounts granted by the Tribunal under other heads are meager and therefore, requested for enhancement of compensation. 3. Heard the arguments advanced by the learned counsel for appellant and learned counsel for respondents. 4. The petitioner is working as a driver in his own transport company and earning ₹10,000/- per month. But he has not filed any document to prove the same. Since the accident occurred in the year 2011, his notional income to be taken as ₹ 6,500/- per month as per the chart prepared by Karnataka State Legal Services - 4 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 Authority. The petitioner was aged 25 years at the time of accident and the appropriate multiplier to be taken is '18'. As per Exhibit P5- wound certificate, the petitioner sustained injury to left arm, head injury, occipital region, ear bleed, blunt injury chest and abdomen which are grievous in nature. The appellant-claimant underwent operation of humorous left internal fixation with plates and screws. He was re-admitted to hospital for chest rib pain, as such, doctor assessed that the disability has to encompass the whole body and it is further stated that he requires one more surgery for removal of the implants and the estimated cost is ₹20,000/- to ₹25,000/-. It is also stated that fractures are united and the Tribunal has rightly considered 10% disability as per the medical evidence and it needs no interference. Accordingly, the loss of future earning capacity comes to ₹ 1,40,400/- (6500/-x12x18x10/100). 5. It is contended by the learned counsel for the appellant that the appellant-claimant incurred - 5 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 ₹ 1,75,155/- towards medical expenses but the Tribunal has granted only ₹40,000/-. In response, learned counsel of the respondent contended that the Tribunal rightly verified all the bills and granted ₹40,000/- towards medical expenses. Therefore, the same needs no interference. Considering the nature of injuries sustained, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of ₹50,000/- towards pain and suffering, ₹25,000/- towards loss of amenities ₹30,000/- towards transportation, special diet and attendant charges. Further, the petitioner might not have attended to any other work at least for a period of four months. Therefore, this Court finds it appropriate to grant an amount of ₹ 26,000/- towards loss of income during laid up period. Further, PW.2 also suggested that the appellant-claimant has to undergo another surgery for removal of the implants. Therefore, this Court finds it reasonable to grant an amount of ₹20,000/- towards future medical expenses. - 6 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 6. Thus in all, components awarded by this Court are as below, 7. Compensation is enhanced from Rs.2,03,000/- to ₹3,31,400/- and the enhanced compensation is ₹1,28,400/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. 8. In the result, the following order is passed: Particulars Amount in Rs. Loss of future earning 1,40,400.00 Medical expenses 40,000.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, special diet and attendant charges 30,000.00 Loss of income during laid up period 26,000.00 Future medical expenses 20,000.00 Total 3,31,400.00 - 7 - HC-KAR NC: 2026:KHC:7340 MFA No. 3312 of 2014 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 08.11.2013 passed in MVC No.3403/2012, by the Court of Small Causes and MACT, Bengaluru, is modified; iii. Respondent No.1 is directed to deposit the enhanced compensation of Rs.1,28,400/- with interest at the rate of 6% per annum within one month from the date of this order on such deposit and iv. Appellant-claimant is permitted to withdraw the entire compensation with interest accrued on it. The matter shall be released from caption 'dismissal'. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 43