- 1 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 749 OF 2026 (MV-I) BETWEEN: 1. SRI SANDEEP K S/O. KRISHNAPPA S. AGED ABOUT 23 YEARS, R/O. NO.124, MARIYAMMA STREET, INDLAWADI, ANEKAL TALUK, BENGALURU-562 106. …APPELLANT (BY SRI. SREENIDHI P..,ADVOCATE) AND: 1. ICICI LOMBARD MOTOR INS.CO.LTD., REP. BY ITS MANAGER NO.89, SVR COMPLEX, 2ND FLOOR, NEAR AYYAPPA TEMPLE, HOSUR MAIN ROAD, MADIWALA, BENGALURU 560 068. (INSURER OF LORRY BEARING REG. NO. KA-59- 3839) 2. M/S. ANVIY ENTERPRISES BY ITS MANAGER NO.337/2, SHOP NO.10 AND 11, CHANDRA SHEKAR REDDY BUILDING, MARASUR VILLAGE AND POST, ANEKAL TALUK, BENGALURU - 560 106. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 (R.C.OWNER OF LORRY BEARING REG. NO. KA-59- 3839) …RESPONDENTS (BY SRI. A N KRISHNA SWAMY.,ADVOCATE FOR R1) (V/O DATED 31.01.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.02.2025 PASSED IN MVC NO. 4771/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 06.02.2025 passed in MVC No.4771/2023, passed in common judgement and award in MVC.No.4771/2023 and MVC.No.4772/2023 C/W MVC.No.4770/2023 by the VIII Additional Judge, Court of Small Causes and ACJM, MACT, - 3 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 Bengaluru (SCCH - 5) (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured/claimant met with an accident on 11.05.2023 and filed a claim petition claiming compensation of Rs.10,00,000/-. The tribunal considering the entire evidence on record, granted Rs.3,43,493/- with interest at the rate of 6% within 1 month from the date of this order. 4. He preferred an appeal and mainly contended that he was aged 21 years working as a coolie, and earning Rs.500/- per day, but the tribunal has taken a meager amount towards his income, and he spent Rs.10,00,000/-, and the tribunal granted meager amounts under the other heads. The tribunal ought to have taken 14% of permanent physical disability and thus requested for enhancement of the compensation. 5. Though he stated that he was earning Rs.500/- per day, he has not filed any income proof. As he met with - 4 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 an accident in the year 2023, his notional income is to be taken as Rs.16,000/- per month as per the chart prepared by the Karnataka Legal Services Authority. He was aged 21 years and the multiplier applicable is 18. As per wound certificate - Ex.P13, the injured/claimant sustained C5 compression fracture, C6, C7 listhesis with cord compression, these injuries are treated conservatively and he also examined the doctor as PW2, he verified X-ray films, case sheet and assessed the disability of 28% of the spine which is 14% of the whole body and deposed that there is no operation to the petitioner, C5 bone has caused fracture, C6 and C7 is listhisis (moved). Further deposed that, for C5 bone fracture listhisis bed rest by holding neck collar is the only solution. The tribunal has taken 1/3rd out of 28%, which comes to 9%. This Court finds no reason to interfere with the disability assessed by the tribunal. Thus, loss of future earning capacity comes to Rs.16,000/-X 12 X 18 X 9%, which comes to Rs.3,11,040/-. The petitioner was hospitalized for a period of 4 days. Considering the - 5 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 nature of injuries, period of hospitalization, and other relevant factors, this Court finds it reasonable to grant an amount of Rs.30,000/- for pain and suffering, Rs.20,000/- for loss of amenities, and Rs.30,000/- for transportation, extra nourishment, and attendant charges. He might not have attended any other work, at least for a period of 3 months. Therefore, Rs.16,000/- X 3 = Rs.48,000/- under the head loss of income during the laid up period. 6. The total compensation comes to Rs.3,11,040/- +Rs.30,000/- + Rs.20,000/-+ Rs.30,000/- + Rs.48,000/- = Rs.4,21,500/- = Rs.4,39,040/-. 7. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 3,11,040.00 2. Pain and suffering 30,000.00 3. Loss of amenities 20,000.00 4. Transportation, extra nourishment and attendant 30,000.00 - 6 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 charges 5. Loss of income during laid up period 48,000.00 TOTAL 4,39,040.00 8. The Tribunal has awarded the compensation of Rs.3,43,493/- but the appellant/claimant is entitled to total compensation of Rs.4,39,040/-. Compensation is enhanced from Rs.4,39,040/- to Rs.3,43,493/-. 9. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal dated 06.02.2025 in MVC No.4771/2023; passed in common judgment and award in MVC.No.4771/2023 and MVC.No.4772/2023 C/W MVC.No.4770/2023 is hereby modified holding that the claimant is entitled to total compensation of Rs.4,39,040/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.3,43,493/- before the tribunal. Therefore, the Insurance Company is directed to - 7 - HC-KAR NC: 2026:KHC:10724 MFA No. 749 of 2026 deposit the enhanced compensation of Rs.95,547/- with interest at the rate of 6% p.a. within 1 month from the date of this order. iv. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. v. As per the order on IA.No.1/2026 dated 31.01.2026, appellant - claimant is not entitled for interest for delay of 260 days. vi. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 58