- 1 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 8504 OF 2025 (MV-I) BETWEEN: 1. SRI SATHISH NARAYANAPPA SON OF NARAYANAPPA AGED ABOUT 27 YEARS RESIDING AT No.1/195 KOTHAGONDAPALLI, HOSUR KRISHNAGIRI, TAMIL NADU. …APPELLANT (BY SMT. CHANCHALA N D, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO., LTD., No.4 & 5, 5TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU-560 001. 2. SRI. G. NANDISH SON OF D.P. GOPAL R/AT ATTIBELE VILLAGE ANEKAL TOWN BENGALURU – 562 107. …RESPONDENTS (BY SRI VRUSHABHENDRIAH H. C, ADVOCATE FOR R1) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.03.12.2022 PASSED IN MVC No.1207/2020 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU SCCH-11 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 03.12.2022 passed in MVC No.1207/2020 by the I Addl.Small Causes Judge and MACT, Bengaluru (SCCH-11). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for both parties. 3. The appellant/claimant made the claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident which took place on 01.01.2019 contending that the accident occurred due to - 3 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 rash and negligent driving of the driver of Bolero Car bearing Regn.No.KA-06-N.6152. The Tribunal recorded the evidence. After appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Sl.no. Particulars Amount in (Rs.) 01. Towards injury pain and suffering 50,000.00 02. Towards medical expenses 2,91,354.00 03. Towards food and extra nourishment and medical attendant 4,400.00 04. Towards conveyance 10,000.00 05. Towards loss of income during treatment 28,000.00 06. Towards loss of future earning 3,32,640.00 07. Deprivation of future amenities 10,000.00 Total 7,26,394.00 4. The Tribunal has also awarded interest @ 6% p.a. from the date of petition till realization and held that respondent Nos.1 and 2 are jointly and severally liable to - 4 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 pay compensation. The claimant has filed the present appeal seeking enhancement of compensation. 5. Heard the learned counsel for the appellant learned counsel for respondent No.1 – insurer. 6. Learned counsel for the appellant would contend that claimant has sustained severe injury and there was crush injury to his right hand and as a businessman he could not carry out the business effectively due to the injury sustained to the right hand. Therefore, the disability taken by the Tribunal at 11% is on lower side. She further contended that considering the injury sustained, the compensation awarded for pain and suffering, food nourishment and medical attendant charges, loss of income during laid up period and loss of amenities are on lower side. With this, she prayed for enhancement of compensation. 7. Learned counsel for the respondent No.1-insurer would contend that compensation awarded under all heads - 5 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 by the Tribunal is just and proper and there are no grounds for enhancement. The Tribunal has rightly considered that the claimant can do business even after the accident and the Tribunal has rightly assessed the disability at 11%. With this he prayed to dismiss the appeal. 8. Having heard the learned counsels, the Court has perused the judgment and award. 9. PW.2 is the Doctor and he has examined the claimant and assessed the disability. He has deposed that claimant has sustained crush injury of the right upper limb with friction burns over the volar aspect 3/4th of the right forearm with loss of carpometacarpal joint, loss of carpometacarpal joint, loss of 1st metatarsophalangeal joint, erosion of 3/4th of entire circumferential of 1st metacarpal, loss of thumb EPL tendon, Abd PL tendon and underwent K wire fixation of the thumb, flap cover for the thumb, artery and vein reconstruction to the right thumb. - 6 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 The said Doctor has assessed the disability of the claimant at 52% of right hand and 17% to the whole body. Considering the said injury and treatment given to the claimant and considering his avocation of carrying business the Tribunal has rightly taken the disability @ 11%. 10. The Tribunal has taken the income of the claimant at Rs.14,000/- p.m. The Tribunal has rightly taken the multiplier and awarded compensation towards loss of future income at Rs.3,32,640/-. 11. Considering the injury noted above, the compensation awarded for pain and suffering and future amenities requires to be enhanced. Hence, pain and suffering is awarded in a sum of Rs.1,00,000/- as against Rs.50,000/- awarded by the Tribunal and for amenities a sum of Rs.50,000/- is awarded as against Rs.10,000/- awarded by the Tribunal. The claimant has been admitted in the hospital for a period of 11 days and considering that - 7 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 he is resident of Tamil Nadu, the compensation awarded for nourishment and attendant charges are enhanced to Rs.11,000/- as against Rs.4,400/- awarded by the Tribunal. The Tribunal has awarded loss of income during laid up for two months. Considering the injury and treatment taken, the claimant is entitled to loss of income during laid up period for three months in a sum of Rs.42,000/- (Rs.14,000 x 3). The Tribunal has rightly awarded conveyance charges and medical expenses. Considering the above aspects, the claimant is entitled to compensation under different heads as under: Sl.no. Particulars Amount in (Rs.) 01. Towards injury pain and suffering 1,00,000.00 02. Towards medical expenses 2,91,354.00 03. Towards food and extra nourishment and medical attendant 11,000.00 04. Towards conveyance 10,000.00 05. Towards loss of income during treatment 42,000.00 06. Towards loss of future earning 3,32,640.00 07. Deprivation of future amenities 50,000.00 Total 8,36,994.00 - 8 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 12. The claimant is entitled to Rs.8,36,994/- as against Rs.7,26,394/- as awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. The claimant is entitled for enhanced compensation of Rs.1,10,600/- (Rs.8,36,994 – Rs.7,26,394) with interest @ 6% p.a. from the date of petition till realization and the respondent No.1 – insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER (i) The appeal is allowed in part. (ii) The appellant is entitled to enhanced compensation of Rs.1,10,600/- with interest @ 6% p.a. from the date of petition till realization. (iii) Respondent No.1 – insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from this day, - 9 - HC-KAR NC: 2026:KHC:29928 MFA No. 8504 of 2025 failing which, it is liable to pay interest @ 9% p.a. from this day till payment. (iv) Appellant is not entitled to interest for the delay period of 969 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 8