- 1 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 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. 3 OF 2025 (MV-I) BETWEEN: GIRISH D V S/O VENKATARAMAIAH NOW AGED ABOUT 28 YEARS, R/AT DEVARAHOSAHALLI, SOMAPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. LAKSHMIKANTHAIAH N V S/O LATE VENKATESHAIAH NOW AGED ABOUT 44 YEARS R/AT NIDUVALALU, HEBBUR HOBLI TUMAKURU TALUK- 572101 2. THE BRANCH MANAGER ICICI LOMBARD INS. CO. LTD., NO 89, SVR COMPLEX, 2ND FLOOR, MADIVALA, HOSUR MAIN ROAD, BENGALURU- 68 …RESPONDENTS (BY SRI. P S JAGADISH, ADVOCATE FOR R2; V/O DTD 15.04.2026, NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.09.2024 PASSED IN MVC NO. 956/2021 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ACJM, TUMAKURU, 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 filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 19.09.2024 passed in MVC No.956/2021 by the Court of I Addl. Senior Civil Judge and ACJM, Tumakuru, (for short, 'the Tribunal') seeking enhancement of compensation. 2. The injured claimant met with a road traffic accident on 14.03.2021 and thereafter filed a claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, after considering the entire evidence on record, - 3 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 awarded total compensation of Rs.8,07,100/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant preferred the present appeal and mainly contended that, petitioner was doing agriculture and electrical work and was earning Rs.30,000/- per month. But the Tribunal did not consider the same and awarded income which is on lower side. He sustained multiple fractures which are grievous in nature and also suffering from Quadriparesis. He examined the doctor and the doctor stated that the disability to the cervical spine is 76% and 29% to the whole body. The Tribunal erred and taken the same as 9%. Future prospects is not granted and amount granted under other heads is meagre. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of the learned counsel appearing for the parties and perused the records. - 4 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 5. Respondents counsel stated, the Tribunal considered entire evidence on record and rightly assessed the disability as 9% and it needs no interference. 6. Though the petitioner-injured has contended that he was earning Rs.30,000/- per month, no documentary evidence has been produced to substantiate the same. As he met with an accident in the year 2021, his notional income has to be taken as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Service Authority. He was aged 24 years at the time of the accident and relevant multiplier is taken at '18'. 7. Petitioner-injured also produced Ex.P.6 wound certificate and discharge summery at Ex.P10 and he examined doctor as PW-2, who is Orthopaedic Surgeon and he stated that petitioner sustained following injuries. 1. Fracture C1 Vertebra 2. Fracture C2 Vertebra 3. Fracture C3 Vertebra - 5 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 4. Fracture C4 Vertebra 5. Communited distal femur fracture left 6. Quadriparesis After initial hemodynamic stablization he was treated with surgery on 16.03.2021 with Cervical spine stabilization from occiput to C4 using occipital plate/screw and rods with pedicle instrumentation and left distal femur fracture fixed using ORIF with titanium distal femur LCP and screws for fracture left distal femure (IC+SC) done under SAB on 16.03.2021. He was also treated with antibiotics analgesics and IV fluids during his course of stay at hospital. He had come on 06.11.2023 with following complaints and for evaluation of disability. A. Pain in the left knee joint B. Difficulty to do kneel down activities C. Difficulty to squat and climb stairs D. Weakness of both upper and lower limbs E. Difficulty to do work activities due to pain in left knee. F. Unable to do movements of neck and turn to side On Examination: - 6 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 Healed scar of size 22 cm over Antero lateral aspect of left distal thigh in healed by primary intention Healed scar of size 8 com over antero medial aspect of left distal thigh healed by primary intention No limb length discrepancy seen Healed scar of size 12 cm over posterior aspect of neck in midline healed by primary intention. Xray left thigh with knee taken on date 06.11.23 shows united supra with intercondylar fracture left femur with implant in situ with signs of knee joint arthritis (Vide X ray no 1146 dated 06.11.2023) X ray cervical spine shows united fracture C1, C2, C3 and C4 with pedicle instrumentation in situ (Vide X ray no 1146 dated 06.11.2023) 8. He further stated that the petitioner-injured requires another surgery and estimated cost for surgery is Rs.75,000/- with an admission of five days and he considered disability for left knee joint at 17%, 12% for stability component and 27% for left lower limb and 20% - 7 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 disability for cervical spine. Doctor assessed total disability of limb as 76% and whole body disability at 29%. He is a treated doctor. Therefore, this Court finds it reasonable to rely on medical evidence and to take 1/3rd of 76% which comes 25%. As the petitioner has sustained more than 20% disability, in view of the decision of this Court in New India Assurance Company Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016, he is entitled to future prospects. The petitioner was aged 24 years and entitled to 40% towards future prospectus. Accordingly, the loss of earning capacity comes to Rs.11,34,000/- ( Rs.15,000 + 40%=21,000 X 12 X 18 X 25%). 9. The Tribunal granted Rs.3,65,454/- towards medical expenses as per Ex.P.8 and the said amount is confirmed. The petitioner was hospitalized for a period of 19 days as an inpatient and considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to enhance the compensation as mentioned below:. - 8 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 10. Hence, the appellant-claimant is entitled for a total compensation of Rs.18,19,454/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 19.09.2024 passed in MVC No.956/2021 on the file of the I Addl. Senior Civil Judge and ACJM, Tumakuru, is modified. Particulars Amount in Rs. Loss of future earning capacity 11,34,000-00 Medical Expenses 3,65,454-00 Pain and suffering 1,00,000-00 Loss of Amenities 50,000-00 Transportation, extra nourishment and attendant charges 60,000-00 Future Medical expenses 50,000-00 Loss of income during laid up period 60,000-00 Total 18,19,454-00 - 9 - HC-KAR NC: 2026:KHC:20672 MFA No. 3 of 2025 iii. The claimant is entitled to a sum of Rs. 18,19,454/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.08,07,100/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.10,12,354/- 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 HR List No.: 1 Sl No.: 12