- 1 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2430 OF 2025 (MV-I) BETWEEN: 1. ABHISHEK H R, S/O RAVI, AGED ABOUT 26 YEARS, R/AT: NO.268, HINKAL, MYSURU-HUNSUR MAIN ROAD, MYSURU - 570 017. …APPELLANT (BY SRI. MAHADEVA SWAMY P, ADVOCATE) AND: 1. SURESHA A, S/O SHIVANNA, AGED ABOUT 32 YEARS, R/AT: NO.15, NUGGEHALLI VILLAGE, BEERIHUNDI POST, YELWALA HOBLI, MYSURU TALUK AND DIST - 570 017. 2. SUNIL KUMAR. M. V., S/O MALLIKARJUNA, R/AT: NO.948, 2ND MAIN, 8TH CROSS, ARAVINDA NAGAR, MYSURU - 08. 3. THE MANAGER, UNITED INDIA INSURANCE CO. LTD., D.O.-II, NO:2912, SRI. VENKATESHWARA PLAZA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 1ST MAIN, SARASWATHIPURAM, MYSURU - 570 007. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3 VIDE ORDER DATED 01.04.2026, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.10.2024 PASSED IN MVC NO.1873/2022 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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 - 3 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 23.10.2024 passed in MVC No.1873/2022, on the file of the Judge, Additional Court of Small Causes, As a Presiding Officer, Motor Accidents Claims Tribunal, Mysuru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3- Insurance Company. 3. The petitioner/injured claimant met with an accident on 15.06.2022 and filed a claim petition before the Tribunal claiming compensation of Rs.13,49,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,84,880/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the injured claimant preferred this appeal and mainly contended that - 4 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 the petitioner was working as a merchandiser at Unicharm India Pvt., Ltd., and earning Rs.17,710/- per month. It is further contended that he was inpatient for a period of three days. The petitioner examined the doctor as PW2, who assessed the disability of the right lower limb at 12% but the Tribunal has considered only 6% disability. The Tribunal has granted meagre amounts under other heads. Thus, requested for enhancement of the compensation. 4. Though the petitioner stated that he was earning Rs.17,710/- per month, he has not filed any income proof. Therefore, the Tribunal has rightly considered the notional income of the petitioner as Rs.15,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 24 years at the time of the accident and the relevant multiplier applicable is ‘18’. 5. The petitioner sustained fracture of both bones of right leg which is grievous in nature and also examined - 5 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 the doctor as PW2 who stated that the petitioner underwent surgery with CRIF with IMIL nails and bolts for tibia fracture. The doctor has assessed the physical disability of the petitioner as 12% to the right lower limb. The Tribunal has rightly considered the disability at 6% and it needs no interference. 6. The Tribunal has granted reasonable amounts under other heads. Therefore, this Court finds it reasonable to enhance global compensation of Rs.50,000/- apart from the amount already granted by the Tribunal ie., Rs.3,84,880/-. 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,34,880/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: - 6 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 23.10.2024 passed in MVC No.1873/2022 on the file of the Judge, Additional Court of Small Causes, As a Presiding Officer, Motor Accidents Claims Tribunal, Mysuru is modified. iii. The claimant is entitled to a sum of Rs.4,34,880/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,84,880/- granted by the Tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. It is stated that both parties agreed before the lok adalath. Therefore, respondent No.3/Insurance Company is - 7 - HC-KAR NC: 2026:KHC:17767 MFA No. 2430 of 2025 directed to deposit enhanced compensation of Rs.50,000/- 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 SHS List No.: 1 Sl No.: 17