- 1 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 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. 1546 OF 2026 (MV-I) BETWEEN: SRI RAJU J @ RAJANNA, S/O JAVARAPPA @ JAVARAIAH AGED ABOUT 62 YEARS, R/AT. KODAGIHALLI POST, KASABA HOBLI, TURUVEKERE, TUMKUR DISTRICT-572 227. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. DEVARAJA C B S/O BETTAIAH, MAJOR, RAJA STREET, NEAR ESHWARA TEMPLE, CHIKKANAHALLI, BENGALURU-562 130 (R.C. OWNER OF ASHOK LEYLAND VEHICLE BEARING REG. NO.KA-05-AK-4715) 2. MR. FARHATH MAJOR, NO.630, 7TH MAIN, 11TH CROSS, MASZID, KAVERINAGAR, BANASHANKARI 2ND STAGE, BENGALURU-560 070, (POLICY HOLDER OF ASHOK LEYLAND VEHICLE BEARING REG. NO.KA-05-AK-4715) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 3. THE MANAGER, RELIANCE GENERAL INSURANCE CO. LTD., REGIONAL OFFICE, #28, 5TH FLOOR, SOUTHERN PORTION EAST WING, CENTENARY BUILDING M.G. ROAD, BENGALURU-560 001. (POLICY NO. VALID FROM 15.08.2022 TO 14.08.2022) …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. PRADEEP, ADVOCATE FOR R3, V/O DATED 03.03.2026, NOTICE TO R1 & R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:28.03.2025 PASSED IN MVC NO.2786/2023 ON THE FILE OF THE IX ADDL. SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER MACT AT BENGALURU (SCCH-7), 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 28.03.2025 passed in MVC No.2786/2023 on the file of the IX Addl. Small Causes Judge, Court of Small Causes, Member, MACT at Bengaluru, for enhancement the compensation. - 3 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The Injured claimant met with an accident on 15.12.2022 and filed claim petition claiming compensation of Rs.5,00,000/-. The Tribunal considering the entire evidence on record granted Rs.5,56,288/- along with interest at the rate of 6% p.a., from the date the petition till the realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained grievous injuries and was admitted in the hospital as an inpatient for 2 days and the doctor assessed the disability as 25%. The Tribunal considered his income as Rs.14,750/- per month erroneously and the amounts granted under the other heads are meager. Therefore, requested for enhancement of the compensation. 5. Though it is stated that the petitioner was doing welding work and was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, this court finds it reasonable to take his total - 4 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 income as Rs.15,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 60 years and the multiplier taken is ‘9’. Ex.P6 is the wound certificate. Petitioner examined the doctor as PW2 and he stated that the petitioner sustained left side 2nd to 9th rib fracture with mild hemothorax. Further, on examination he found that the petitioner has restricted chest expansion with tenderness in the left side of the chest and X-ray of chest shows united fracture. Further the Petitioner has sustained cardiopulmonary disability at 25%. The Tribunal has rightly considered 25% disability. Therefore, loss of future earning capacity comes to Rs.15,500 x 12 x 9 x 25%. = Rs.4,18,500/-. The tribunal granted Rs.7,778/- towards medical expenses as per Ex.P10, as he was treated in the Government Hospital. Therefore, the said amount is confirmed. Considering his age and nature of injuries sustained by the petitioner, Rs.60,000/- is granted towards pain and suffering and towards loss of amenities of Rs.50,000/- is granted by this court. Further, the petitioner is entitled towards loss of income during laid up period for a period of 3 months. Therefore, Rs.15,500 x 3 = Rs.46,500/- . - 5 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 He is also entitled for an amount of Rs.30,000/- for transportation, extra nourishment and attendant charges. 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.5,56,288/- to Rs. 6,12,788/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning 4,18,500 2 Pain and suffering 60,000 3 Loss of amenities 50,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 46,500 6 Future medical expenses 7,788 Total 6,12,788 - 6 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 ii. The judgment and award dated 28.03.2025 passed in MVC No.2786/2023 on the file of the IX Addl. Small Causes Judge, Court of Small Causes, Member MACT at Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.6,12,788/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,56,288/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.56,500/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:17937 MFA No. 1546 of 2026 v. On 03.03.2026, the delay of 209 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 20