- 1 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 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. 1 OF 2026 (MV-I) BETWEEN: RAJANNA S/O LATE RAMAKRISHNA AGED ABOUT 47 YEARS RESIDING AT BARAGURU RANGAPURA HANDHIKUNTE POST SIRA TALUK-572 113. …APPELLANT (BY SRI. K. SHANTHA RAJ., ADVOCATE) AND: 1. THIPPESWAMY S/O CHIKKATHIMMAIAH AGED ABOUT 45 YEARS RESIDING AT AGRAHARA VILLAGE HANDHIKUNTE POST SIRA TALUK-572 113. 2. THE GENERAL MANAGER ICICI LOMBARD GEN INS CO LTD II FLOOR PRAJA PRAGATHI BUILDING B H ROAD TUMAKURU-572 103 BY ITS MANAGER. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2, V/O DATED 08.01.2026, NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 of 2026 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 22.02.2025 PASSED IN MVC NO. 338/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., SIRA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 22.02.2025 passed by the Senior Civil Judge and JMFC, Sira, in MVC No.338 of 2019. 2. The injured claimant met with an accident on 17.11.2018, and filed a claim application claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.5,47,923 /- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that he was aged 40 years, doing agriculture and also coconut business and earning Rs.20,000/- per month. But the Tribunal - 3 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 of 2026 erred in taking his income as Rs.12,500/- per month. He was in the hospital as an inpatient for 5 days and spent Rs.3,00,000/- towards medical expenses. He also examined the doctor as PW2, who assessed the permanent disability as 39% to the limb and 13% to the whole body. The Tribunal ought to have taken the disability as 39% by adding future prospects. The amounts granted under the other heads are meagre and interest is to be granted at the rate of 12% per annum. Therefore, requested for enhancement of compensation. 4. Heard arguments of Learned counsel for both sides. 5. Though the petitioner-claimant stated that he was earning Rs.20,000/- per month, he has not filed any document to prove his income. He met with an accident in the year 2018. The Tribunal has rightly considered his notional income as Rs.12,500/- per month and it needs no interference. 6. Exhibit P7 is the wound certificate. P.W.2-doctor in his evidence has stated that petitioner sustained Fracture both bones (R) leg with calcanuiun fracture he underwent surgery on 18.11.2018 with ORIF with DCP C CRIF with IMIC waile and got - 4 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 of 2026 discharged on 21.11.2018 and assessed the physical disability as 39% to the lower limb and 13% to the whole body. The doctor stated that he advised petitioner for regular physiotherapy and also advised him to undergo surgery for implant removal and estimated the approximate cost of the surgery as Rs.70,000/-. 7. Learned counsel of the petitioner stated that petitioner was an agriculturalist and he could not attend his work due to the injuries sustained by him. Therefore, requested the Court to take the disability as 39%. But the Tribunal has rightly considered one third of the same as 13% and this Court finds no reason to interfere with the same. He was aged 40 years and the multiplier is 15. So, the loss of future earning capacity comes to Rs.2,92,500/- (12,500x12x15x13%). The Tribunal granted an amount of Rs.40,423/- towards medical expenses as per Exhibits P10 to P12 and the said amount is confirmed. He was hospitalized for a period of 5 days. Considering the nature of injuries, his occupation, the period of hospitalisation and other factors, this Court finds it is reasonable to grant an amount of Rs.70,000/- for pain and suffering and Rs.30,000/- - 5 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 of 2026 for loss of amenities. The petitioner might not have attended any other work at least for a period of 6 months. Therefore, Rs.75,000/- (12,500x6) is granted towards loss of income during the laid up period. Future medical expenses is also granted by the Tribunal as Rs.70,000/- and the same is confirmed. Rs.30,000 is granted towards transportation, extra nourishment and attendant charges instead of Rs.20,000/- awarded by the Tribunal. Thus, in all, the claimant is entitled for the compensation of Rs.6,07,923/- with interest at 6% per annum as against Rs.5,47,923/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 2,92,500/- 2. Medical expenses 40,423/- 3. Pain and Suffering 70,000/- 4. Loss of amenities 30,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 75,000/- 7. Future medical expenses 70,000/- Total 6,07,923/- - 6 - HC-KAR NC: 2026:KHC:17934 MFA No. 1 of 2026 9. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.6,07,923/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal and they are directed to deposit the enhanced amount of Rs.60,000/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. (v) In view of the order dated 08.01.2026 passed on I.A.No.1/2026 the claimant is not entitled for interest for the delayed period of 211 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR, List No.: 1 Sl No.: 58