- 1 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 731 OF 2024 (MV-I) BETWEEN: 1. T. VENKATARAMAPPA S/O MUNISWAMY, NOW AGED ABOUT 53 YEARS, RESIDING AT NO 3-59/1, BURISHETTYPALLI, BAIREDDYPALLI MANDALAM, PALAMANARE TALUK, CITTOR DISTRICT, A.P. 517432 AND ALSO RESIDING AT NO 24, MADHURANAGAR, MARTHUR, BENGALURU …APPELLANT (BY SRI. SUSHMITHA G., ADVOCATE) AND: 1. ARUN KUMAR G S/O GOVINDARAJAN, MAJOR BY AGE, RESIDING AT OLD NO 3/78, NEW NO.3/1A1, KONDAMANAICHANOOR, MINNAMPALLI POST, NAMAKKAL DISTRICT, TAMILNADU-637019 2. UNITED INDIA INSURANCE COMPANY (TP HUB), 5TH AND 6TH FLOOR, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 KRISHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU 560001 REP BY ITS MANAGER …RESPONDENTS (BY SRI.B.S.KRISHNA., ADVOCATE FOR R2 NOTICE TO R1 IS DISPENSED WITH V/O DATED 05.03.2026) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.10.2023 PASSED IN MVC NO.3929/2021 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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 This appeal is preferred against the award of the Tribunal dated 04.10.2023 passed in MVC No.3929/2021 by the IX ASCJ, Small Causes and Additional MACT, Bengaluru, (SCCH-7) (for short ‘Tribunal’). - 3 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 2. Injured claimant met with an accident on 26.07.2021 and filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,12,124/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said award, the appellant has preferred this appeal. 3. Learned counsel for the appellant submits that appellant was doing agriculture work and earning substantial amount. But the Tribunal has taken only Rs.13,000/- per month. The doctor was examined as PW.2. He assessed the disability to the whole body as 19%. Therefore, requested for enhancement of the compensation. 4. Learned counsel of the respondents submits that as the fractures are united, Tribunal has considered the functional disability as 10% and it needs no interference. - 4 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 5. Heard learned counsel for both sides. 6. The petitioner has not filed any proof of income. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month and he was aged 50 years, the multiplier is taken as 13. He sustained fracture of mid shaft tibia and fibula abrasion injuries over other part of the body and left middle third bone fracture. He underwent surgery in the form of CRIF with IMIL nailing on 30.07.2021. The doctor was examined as PW.2. On his examination the petitioner complained pain and difficulty in walking and climbing stairs, inability to squat and sit cross legged inability to work as an agriculturist. He walks with pain and limping, wasting of left lower limb is seen and surgical scars are seen over left knee and as per recent X-ray it shows partially united fracture of both bones with implants in situ. The doctor finally assessed the disability of the left lower limb as 38% and to the whole body is 19% and he further stated that claimant requires another surgery for - 5 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 removal of the implants and the estimated cost of the same is Rs.25,000/-. 7. The age of the petitioner is considered as 51 years and 13 is the multiplier. The Tribunal has taken the functional disability as 10% on the ground that it will not have much impact on the work done by the petitioner. But considering the medical evidence, this Court finds it reasonable to take 1/3rd of 38% as 13% for the purpose of calculation. Hence, loss of future earning capacity comes to Rs.3,04,200/- (15,000x12x13x13%). The Tribunal had granted Rs.25,524/- towards medical expenses and it is confirmed. The claimant was hospitalised for 12 days. The Tribunal had granted Rs.50,000/- for pain and sufferings. Considering the nature of the injury sustained by the petitioner, this Court finds it just and reasonable to award a sum of Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra management and attendant charges. The Tribunal already granted Rs.20,000/- towards future medical expenses and it is - 6 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 confirmed. The petitioner might not have attended any other work at least for a period of three months. Therefore, under the head loss of income during the laid up period Rs.45,000/- (Rs.15000x3) is granted. 8. Accordingly, the compensation awarded by the Tribunal is re-assessed as follows; Particulars Rs. Amount Medical Bill Rs. 25,524.00 Future medical Bill Rs. 20,000.00 Transportation, extra management and attendant charges Rs. 30,000.00 Loss of amenities Rs. 30,000.00 Loss of pain and sufferings Rs. 50,000.00 Loss of income during the laid up period Rs. 45,000.00 Loss of future earning capacity Rs. 3,04,200.00 Total compensation Rs. 5,04,724.00 9. The compensation is enhanced from Rs.3,12,124/- to Rs.5,04,724/-. The appellant is entitled for the enhanced compensation of Rs.1,92,600/- along with - 7 - HC-KAR NC: 2026:KHC:13456 MFA No. 731 of 2024 interest at 6% p.a., from the date of filing of the petition, till its actual realization. 10. Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The compensation awarded by the Tribunal is modified and re-assessed as indicated above. 3. The respondent No.2 is directed to deposit enhanced compensation of Rs.1,92,600/- with interest at the rate of 6 % p.a., within a period of one month from the date of this order. 4. On such deposit, the petitioner is permitted to withdraw the compensation amount along with the accrued interest. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE RJ List No.: 1 Sl No.: 1