- 1 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 499 OF 2024 (MV-I) BETWEEN: 1. SRI CHIKKANNA S/O CHIKKANNA AGED ABOUT 57 YEARS, R/OF SHAKUNAGIRI GOLLARAHATTI NONANAVINAKERE HOBLI TIPTUR TALUK TUMKUR DISTRICT - 572 224 …APPELLANT (BY SRI. CHANDRASHEKARAIAH B., ADVOCATE) AND: 1. MR NARASIMHACHAR S/O BRAHMACHAR MAJOR (AGE OF R-1 NOT KNOWN TO THE APPELLANT) RESIDENT OF NO.122, ALBUR AT POST, NONAVINAKERE HOBLI TIPTUR TALUK-572224 TUMKUR DISTRICT 2. M/S NATIONAL INSURANCE CO. LTD HERO VERTICAL, 101106, BMC HOUSE 1 CONNAUGHT PLACE NEW DELHI-110001 BRANCH OFFICE AT NEAR KRISHNA TALKIES M G ROAD Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 TUMKUR-572101 BY ITS MANAGER …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; V/O DATED 23.02.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2023 PASSED IN MVC NO.389/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 07.01.2023 passed in MVC No.389/2017 by the Senior Civil Judge and JMFC, Tiptur (for short, 'the Tribunal') seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 3. The injured claimant met with an accident on 29.03.2016 and filed a claim petition claiming compensation of Rs.10,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.5,44,500/- with interest at 6% per annum from the rate of petition till realisation. 4. Aggrieved by the said award, the claimant has preferred this appeal, contending that the appellant sustained fracture injuries and was hospitalized for period of 55 days. There is shortening of 5 cm, limping, restriction of knee movement and the doctor assessed the disability as 75%. However, the Tribunal did not grant any amount under the future loss of future prospects. The amounts under other heads are meager and thus seeks for enhancement of the compensation. 5. Learned counsel of the respondent stated that the Tribunal has rightly considered one-third of the 75% as 25% disability and granted reasonable amounts, which needs no interference. - 4 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 6. It is stated that the appellant, aged 50 years, also working as an agricultural coolie ,engaged in coconut and copra business and earning Rs.15,000/- per month, he has not filed any income proof, as the accident occurred in the year 2016. The Tribunal has rightly considered his notional income as Rs.9,500/- per month. The appellant was aged 50 years at the time of the accident and the applicable multiplier is '13'. 7. As per the wound certificate, the appellant/claimant has sustained a communicated fracture of upper end of the right tibia and fibula. He was operated for the same on 27.04.2016 and was subsequently discharged on 23.05.2016, with advice for a review after 15 days. He is unable to fold the right knee completely. 8. The appellant was examined by Doctor-PW.2, an orthopedic surgeon, who diagnosed a comminuted fracture of the upper end of the right tibia and fibula and assessed a permanent physical disability of the right lower limb at 75%. - 5 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 9. The doctor further stated that the appellant needs to be assessed after corrective surgery for a final opinion, and it was suggested that he requires two more surgeries. The Tribunal considered one-third of 75% as 25% disability. 10. Learned counsel for the appellant relied upon the citation in MFA No.103807/2016 in New India Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar, which held that if the disability is more than 20%, future prospects should be added while assessing compensation for 'loss of future earning capacity'. In this case, the appellant has shortening of the limb by 5 centimeters. Therefore, this Court finds it reasonable to grant future prospects. The Tribunal considered the appellant's age based on medical records. However, the appellant has not filed supporting documents like a birth certificate or Aadhaar card or any other documents to establish his exact age. Therefore, this Court finds it reasonable to take the disability as 10%. Consequently, - 6 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 the loss of future earning capacity comes to Rs.9500/-x 10% x 12 x 13 x 25% = Rs.4,07,550/-. 11. The appellant incurred Rs.23,255/- towards medical expenses, this Court finds it reasonable to confirm said amount. The appellant was hospitalised for 55 days. Therefore, this Court finds it is reasonable to grant Rs.75,000/- towards pain and suffering, Rs.60,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The appellant might not have attended any other work at least for a period of four months. Therefore, = Rs.38,000/- (Rs.9500 x 4 months) under the head loss of income during laid-up period. 12. The Tribunal granted Rs.40,000/- towards future medical expenses. Though the doctor suggested two surgeries, the cost of the surgeries was not estimated. Therefore, this Court finds it reasonable to confirm the said amount. - 7 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 13. Thus, the compensation awarded by this Court is as follows: 14. The appellant/claimant is entitled for total compensation of Rs.6,83,805/- as against Rs.5,44,500/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,39,305/-. To this extent, the award passed by the Tribunal is modified. 15. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 4,07,550.00 Medical bills 23,255.00 Pain and suffering 75,000.00 Loss of amenities 60,000.00 Transportation, extra nourishment and attendant charges 40,000.00 Future medical expenses 40,000.00 Loss of income during laid-up period 38,000.00 Total 6,83,805.00 - 8 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 ii. The judgment and award dated 07.01.2023 passed in MVC No.389/2017 by the Senior Civil Judge and JMFC, Tiptur, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,39,305/-. (Rs.6,83,805/- minus Rs.5,44,500/-) 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.1,39,305/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. - 9 - HC-KAR NC: 2026:KHC:11467 MFA No. 499 of 2024 vi. Registry is directed to send the Trial Court Records forthwith. vii. The appellant is not entitled for interest for 276 days delay period as per order in I.A.No.1/2024 dated 23.02.2026. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 5