- 1 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1319 OF 2025 (MV-I) BETWEEN: SRI. RAJESH R S/O RAJA NOW AGED ABOUT 37 YEARS R/AT NO. 4/38, S. KOTTAVUR SEMMANDA KUPPAM DHARMAPURI, KUPPURM CHARMAPURI, TAMIL NADU - 636 704. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. TATA AIG GENERAL INSURANCE COMPANY LTD., NO. 69, 3RD FLOOR J.P AND JAMBUKESHWARA ARCDE MILLER ROAD, BENGALURU - 560 052 BY ITS MANAGER. 2. MR. PRINCE.R S/O RAJKUMAR. C MAJOR, (AGE OF R-2 NOT KNOWN TO APPELLANT) NO. 523/1, BDS GARDEN NEAR SUBIN PROVIDENCY APARTMENT GEDDALAHALLI, KOTHANUR BENGALURU - 560 077. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1; VIDE ORDER DATED 18.03.2026, NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.11.2024 PASSED IN MVC NO.1431/2021 ON THE FILE OF THE X ADDITIONAL COURT OF SMALL CAUSES AND MEMER, MACT, BENGALURU (SCCH-16), 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 05.11.2024 passed in MVC No.1431/2021 on the file of the X Additional Court of Small Causes and Member, MACT, Bengaluru, (SCCH-16), seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance - 3 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 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 21.10.2020 and filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,02,258/- 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 displaced fracture of left clavicle treated with clavicle brace and analgesic. The doctor was examined as PW.2 and he assessed the disability of the left arm at 29% and the whole body at 10%. At the time of the accident, the petitioner was aged 34 years and was working as a web developer at Next Web Technology, earning Rs.36,000/- per month. The petitioner also produced a leave certificate for 47 days. The Tribunal awarded meagre amounts under other heads. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 4. Learned counsel for respondent No.1 contended that the petitioner has not sustained any loss of future earning capacity, as he continued in the same employment and is even getting a higher salary. Therefore, he is not entitled for any compensation under the head of loss of future earning capacity. As per Ex.P.13-pay slips, the Tribunal has considered the petitioner’s monthly income as Rs.29,000/- and it is confirmed. The petitioner was aged 34 years. He produced Ex.P.5-wound certificate and also examined the doctor as PW.2-orthopedic surgeon. The doctor stated that the petitioner sustained a displaced fracture of the left clavicle and treated with a clavicle brace and analgesic and that the fracture has united. The petitioner, complains of pain in the left shoulder, inability to lift weights and difficulty in sleeping on the left side. The recent X- ray of the left clavicle shows a united fracture. The doctor assessed the disability of the left arm at 29% and that of the whole body disability at 10%. The Tribunal observed that petitioner was treated conservatively and fracture was united and thus the Tribunal has rightly considered the whole body disability at 10%, and it is confirmed. The petitioner also produced a leave certificate for a period of 47 days. The - 5 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 Tribunal has awarded Rs.2,138/- towards medical expenses, which is confirmed. Considering the nature of injuries and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner is also entitled to Rs.45,433/- (29,000÷30=967×47=45,433) towards loss of income during the treatment period. 5. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 2,138/- 3 Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of amenities 25,000/- 5 Towards loss of income during the treatment period 45,433/- Total 1,52,571/- - 6 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,52,571/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.11.2024 passed in MVC No.1431/2021 on the file of the X Additional Court of Small Causes and Member, MACT, Bengaluru, (SCCH-16), is modified. iii. The claimant is entitled to a sum of Rs.1,52,571/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,02,258/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 7 - HC-KAR NC: 2026:KHC:20586 MFA No. 1319 of 2025 No.1/Insurance Company is directed to deposit enhanced compensation of Rs.50,313/- 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.: 56