- 1 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2088 OF 2025 (MV-I) BETWEEN: BALAKONDAPPA DEVAPPA @ BALAKONDAPPA S/O DEVAPPA, NOW AGED ABOUT 25 YEARS, RESIDING NO.1/150, PADIGALAM VILLAGE AND POST, DENKANIKOTAI TALUK, KRISHNAGIRI DISTRICT, TAMILNADU - 635 118. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. BHARAKATH S/O PERB JOHN, AGED MAJOR, R/AT, PARVATHINAGAR, ATTIBELE, ANEKAL TALUK, BANGALORE RURAL DISTRICT - 562 107. 2. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD., REP BY ITS MANAGER NO.1/2, 4TH FLOOR, GOLDEN HEIGHTS BUILDING, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BANGALORE - 560 010. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 10.02.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.06.2024 PASSED IN MVC NO. 4459/2020 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, ADDITIONAL MACT, BENGALURU(SCCH- 15), 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 the sides. 2. Common Award was passed by the Tribunal in M.V.C.No.4459/2020 and M.V.C.No.4458/2020 dated 22.06.2024 by the Court of XIII Addl. Small Causes and ACMM and Addl. MACT., Bengaluru (SSCH-15). 3. M.F.A. No.2088/2025 is filed against the award of the Tribunal in M.V.C.No.4459/2020. Injured claimant met with an accident on 01.06.2019 and filed claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record, has granted an amount of Rs.10,66,400/- with interest at the - 3 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 rate of 6% per annum from the date of petition till its realization. 4. Aggrieved by the said award, the appellant- claimant preferred an appeal and mainly contended that he sustained grievous injuries. The amounts granted by the Tribunal is meager and they examined doctor as PW.3 and he assessed the disability of right upper limb as 100% and 33% towards the whole body. But the Tribunal has considered the whole body disability as 15%. It is submitted that 40% is to be added towards future prospects and interest is to be granted at the rate of 9% p.a. Learned counsel for the respondent contented that in paragraph No.23 of the judgment, the Tribunal extracted the cross examination of PW.3 and rightly taken the disability as 15% and it needs no interference. 5. Though it is stated that petitioner was working as an Accountant and earning Rs.25,000/- per month, he has not filed any income proof. As he met with an accident - 4 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 in the year 2019, his notional income is to be taken as Rs.14,000/- as per the chart prepared by Karnataka State Legal Services Authority. He was aged 23 years as per Exhibit P7 and the multiplier is '23'. Exhibit-P8 is the wound certificate and Exhibits-P1 and P2 are the discharge summaries. As per the above said documents, he was diagnosed for Type III C open right humerrus fracture with neuro vascular injury + closed distal radius fracture + Brachial plexus injury and undisplaced right frontal bone fracture, right lateral wall of orbit fracture minimal displacement - pressure an optic nerve. The injuries are grievous in nature. He was hospitalized for a period of 11 days as per Exs.P1 and P2 and he has examined the doctor as PW.3. He has assessed the disability of right upper limb as 100% and 33% to the whole body and he also stated that he requires another surgery for removal of implants but he has not estimated the cost of surgery. The Tribunal observed that he is not a treated doctor and he sustained injuries to the right upper limb only and the - 5 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 fractures are united. The injuries to the veins are cured. Injuries to nerves are not cured and he does not require operation for bracial plexus nerve and accordingly the Tribunal considered 15% as the whole body disability. Considering the medical evidence, nature of injuries, this Court finds it reasonable to take the disability as 25% instead of 15% as the petitioner sustained more than 20% disability. As per the decision of this Court in the case of New India Assurance Company vs. Abdul S/o. Mehaboob Tahasildar in MFA No.103807/2016, he is also entitled for 'future prospects'. Therefore, 'loss of earning capacity due to disability' comes to Rs.10,58,400/- (Rs.14,000 + 40% x 12 x 18 x 25%). The Tribunal has granted reasonable amounts under the heads of 'pain and suffering', 'loss of amenities' and 'loss of income during laid up period'. This Court finds it reasonable to grant an amount of Rs.40,000/- towards 'transportation, extra nourishment, convenience, etc.'. The Tribunal has granted Rs.3,93,800/- towards 'medical - 6 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 expenses' as per the medical bills produced and the same is confirmed. Further, this Court also finds it reasonable to grant an amount of Rs.25,000/- towards 'future medical expenses'. The total compensation comes to Rs.17,09,200/-. Therefore, the claimant is entitled for enhanced compensation of Rs.6,42,800/- (Rs.17,09,200 - Rs.10,66,400). 6 The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation amount of Rs.6,42,800/- with interest at the rate of 6% from the date of this order. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on it. The appellant-claimant is not entitled for interest for the delayed period of 152 days as per the order on I.A.No.1/2025 dated 10.02.2026 - 7 - HC-KAR NC: 2026:KHC:8126 MFA No. 2088 of 2025 Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 12