- 1 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 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. 1459 OF 2026 (MV-I) BETWEEN: 1. HARSHIYA W/O LATE ALIM PASHA, AGED ABOUT 36 YEARS. RESIDING AT OLD ADDRESS: 4TH WARD BEHIND KALIDASA SCHOOL, GIRINAGARA, KORATAGERE TOWN, KORATAGERE TALUK, TUMAKURU DISTRICT - 572 129. PRESENTLY RESIDENTS OF: ARAKERE VILLAGE, @ POST KASABA HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 575 101. …APPELLANT (BY SRI. MALLIKARJUN B RYAKHA, ADVOCATE) AND: 1. NASIR C S S/O C.M. SALIM, AGED ABOUT 44 YEARS R/AT SANTHE MAIDANA KUMBARPETE CHITHRADURGA DISTRICT- 577 501 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 2. THE MANAGER, SBI GENERAL INSURANCE CO., LTD., BRANCH OFFICE AT: GROUND AND 1ST FLOOR, RUKMINI TOWERS, M 3-1 PLATFORM ROAD, AND RAILWAY APPROACH ROAD, SHESHADRIPURAM, BENGALURU - 560 020. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI. B PRADEEP, ADVOCATE FOR R2 VIDE ORDER DATED 01.04.2026, NOTICE TO R1 DISPENED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.09.2025 PASSED IN MVC NO. 1260/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT, 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 - 3 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 ORAL JUDGMENT The Tribunal has passed the common award dated 29.09.2025 in MVC.No.1261/2022 C/W MVC.No.1260/2022. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 29.09.2025 passed in MVC No.1260/2022 on the file of the II Additional Senior Civil Judge, Tumakuru (hereinafter referred to as 'the Tribunal') for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and the learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 15.06.2022 and filed a claim petition claiming compensation of Rs.10,00,000/- before the Tribunal. The Tribunal, considering the entire evidence on record, - 4 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 granted an amount of Rs.9,96,221/- 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 claimant has preferred this appeal and mainly contended that the petitioner was doing tailoring work and earning Rs.20,000/- per month. But the Tribunal has erred in taking her notional income as Rs.12,000/- per month, though she met with an accident in the year 2022. She was inpatient for a period of 34 days. The petitioner examined the doctor as PW3 and the doctor assessed the disability as 56.6%, but the Tribunal has taken only 18%. The doctor further stated that she requires another surgery for removal of the implant and estimated the cost of the surgery as Rs.1,00,000/-. However, the Tribunal has granted only Rs.10,000/-. The Tribunal has granted meagre amounts under other heads and thus, requested for enhancement of compensation. - 5 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 4. Learned counsel of respondent No.2 stated that the Tribunal has rightly considered the disability as 18% and it is to be confirmed. Though the petitioner stated that she was earning Rs.20,000/- per month, she has not filed any income proof. As she met with an accident in the year 2022, this Court finds it reasonable to take her notional income as Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 32 years and the relevant multiplier applicable is 16. 5. As per Ex.P13-Wound Certificate, the petitioner sustained the following injuries: i) Communited right humerus fracture. ii) Degloving crush injury right leg. iii) Crush injury right foot with multiple foot bone fractures. The above injuries sustained by the petitioner are grievous in nature. Debridement and skin grafting surgery - 6 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 for right leg was done for non healing ulcer over right leg. PW3 also found the following complaints ie., pain, swelling over right arm, right leg and foot, difficulty in lifting weight with right hand, not able to bend right elbow fully, difficulty in sitting cross legged and squatting and disfigurement of right leg and foot, and on examination, he found swelling, tenderness over right arm, elbow and right leg and foot present, disfigurement of right leg and foot present. The X-ray shows united fracture of right humerus with implants and malunited fracture of right foot bones. The doctor assessed the permanent partial disability at 30% to the upper limb and 40% to the right lower limb and 56.6% partial disability to the whole body. The total disability comes to 70% and by applying one- third (70 x 1/3), the disability comes to 23%. However, the Tribunal erred in taking the disability at 18% and it is to be rectified. The petitioner is also entitled for future prospects at the rate of 40%, as the disability is more than 20%, as per the decision reported in MFA No.103807/2016 - 7 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others. Accordingly, the loss of future earning capacity comes to Rs.9,58,272/- (Rs.15,500 + 40% x 12 x 16 x 23%). The petitioner incurred Rs.5,23,501/- towards medical expenses as per the relevant medical bills and it is confirmed. She was admitted in the hospital for a period of 24 days. Therefore, considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- for Pain and suffering, Rs.40,000/- for loss of amenities, Rs.40,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of four months. Therefore, Rs.62,000/- (Rs.15,500/- x 4) is granted towards loss of income during the laid-up period. This Court also finds it reasonable to grant an amount Rs.60,000/- towards future medical expenses. - 8 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.17,58,773/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: Particulars Amount in Rs. Loss of future earning capacity 9,58,272 Pain and suffering 75,000 Loss of amenities 40,000 Transportation, extra nourishment and attendant charges 40,000 Medical expenses 5,23,501 Loss of income during laid up period 62,000 Future Medical Expenses 60,000 Total 17,58,773 - 9 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 29.09.2025 passed in MVC No.1260/2022, by II Additional Senior Civil Judge, Tumakuru, is modified; iii. The claimant is entitled to a sum of Rs.17,58,773/- along with interest at 6% p.a., instead of Rs.9,96,221/- granted by the tribunal, from the date of petition till the date of realization. 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.7,62,552/- along with the interest at - 10 - HC-KAR NC: 2026:KHC:17768 MFA No. 1459 of 2026 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 SHS List No.: 1 Sl No.: 19