- 1 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8447 OF 2016 (MV-I) BETWEEN: SRI. SHANMUGAM S/O SRI. CHINNAKUTTI, AGE:45 YEARS, OCC: VEGETABLE VENDOR, R/AT NO.129, WARD 3 A , MALANDIYUR, VILLANGKUPPAM POST, VELLORE - 635 810. …APPELLANT (BY SRI. SURESH M. LATUR, ADVOCATE) AND: 1. SRI. NIKHIL D NO.123/6, 3RD MAIN, MUNIYAPPA GARDEN, K.R. PURAM, BANGALORE - 36. 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, 2ND FLOOR, S.V.R.COMPLEX, MADIVALA, KORMANGALA, BENGALURU - 560 068. …RESPONDENTS (BY SRI. N.R. GIRISH, ADVOCATE FOR R1; SRI. VIJAYA PHANEENDRA T.B, ADVOCATE FOR SRI. A.N. KRISHNASWAMY, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.09.2016 PASSED IN MVC NO.1577/2015 ON THE FILE OF THE MEMBER, PRINCIPAL MACT, BANGALORE, 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 24.09.2016 passed in MVC No.1577/2015 on the file of the Member, Principal MACT, Bangalore, (SCCH-1), seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for the respondents. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 3. The petitioner/injured claimant met with an accident on 26.03.2015 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.3,45,500/- with interest at the rate of 9% 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 Tribunal has granted meagre amounts under the relevant heads and thus requested for enhancement of the compensation. 4. Learned counsel for the respondents stated that the Tribunal has rightly considered and properly assessed the disability. Therefore, it needs no interference. 5. Though the petitioner stated that he was aged 44 years, working as a vegetable vendor and earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2015, this Court finds it reasonable to take his notional income as Rs.9,000/- per month, as per the chart prepared by the - 4 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 Karnataka State Legal Services Authority. The Tribunal has observed that the petitioner's age is recorded as 53 years in the hospital records. Ex.P.10 is the Election Identity Card filed by the petitioner and he was aged 34 years as on 01.01.2005. Therefore, the Tribunal has rightly taken his age as 53 years as on the date of the accident and taken the relevant multiplier as '11' and the same is confirmed. The petitioner has filed Ex.P.8-wound certificate and Ex.P.9-discharge summary. Apart from that, he examined the doctor as PW.2, who is an Orthopaedic Surgeon. PW.2 has stated that the petitioner sustained the following injuries: i. Comminuted fracture shaft (left) femur ii. Fracture shaft (left) Humerus. He was treated surgically in the form of nailing for fracture shaft femur and plating for fracture shaft humerus. On examination, he was found to have pain and limp while walking with the axillary crutch. Wasting of the left-sided limbs was noted and surgical scars are seen over - 5 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 the left arm, left hip and left knee. As per the recent X- ray, united fracture of the Humerus and femur with implants in situ at both sites. Grade I Acromio-clavicular joint disruption is seen. The doctor has stated that the petitioner has sustained the disability of 16% to the left upper limb, 21% to the left lower limb and 33% to the whole body. It is further stated that as the petitioner is a vegetable vendor, the disability comes in the way of his work. According to the doctor, the petitioner is unable to push a cart and it is difficult for him to do any manual or physical work. The doctor has also stated that the petitioner requires two more surgeries for the removal of implants at both sites and the estimated cost of the surgery is Rs.30,000/-. Considering the nature of injuries, evidence of the doctor and the occupation of the petitioner, the Tribunal has rightly considered his disability at 20%, which is just and reasonable. Accordingly, this Court finds no reason to interfere with the said finding of the Tribunal. As the petitioner has sustained 20% - 6 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 disability, in view of the decision of this Court in New India Assurance Company Vs. Abdul S/o. Mehaboob Tahasildar and Others in MFA No.103807/2016, dated 27.05.2022, he is entitled to future prospects. The petitioner was aged 53 years and is entitled to 10% towards future prospects. Accordingly, the loss of earning capacity comes to Rs.2,61,360/- (9,000+10%x12x11x20%). The petitioner was admitted in the hospital for a period of two weeks. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of four months. Therefore, a sum of Rs.36,000/- (9,000 × 4) is awarded towards loss of income during the laid-up period. The doctor has stated that the petitioner requires two surgeries. Therefore, this - 7 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 Court finds it just and reasonable to award a sum of Rs.60,000/- towards future medical expenses, as per the evidence of the doctor. The Tribunal has also awarded a sum of Rs.2,300/- towards medical expenses and the said amount is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2 Towards medical expenses 2,300/- 3 Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of amenities 30,000/- 5 Towards loss of income during the laid up period 36,000/- 6 Towards future medical expenses 60,000/- 7 Towards loss of future earning capacity 2,61,360/- Total 4,79,660/- - 8 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,79,660/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 24.09.2016 passed in MVC No.1577/2015 on the file of the Member, Principal MACT, Bangalore, (SCCH-1), is modified. iii. The claimant is entitled to a sum of Rs.4,79,660/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,45,500/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 9 - HC-KAR NC: 2026:KHC:27074 MFA No. 8447 of 2016 No.2/Insurance Company is directed to deposit enhanced compensation of Rs.1,34,160/- 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.: 4