- 1 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 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. 31 OF 2025 (MV-I) BETWEEN: 1. HARISH R N, S/O NAGARAJU, NOW AGED ABOUT 28 YEARS, R/AT AKKIRAMPURA AND AT POST, KORATAGERE TALUK, NOW R/AT KORA VILLAGE, KORA HOBLI, TUMAKURU TALUK. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. K UDAYAKUMAR, S/O LATE KUPPUSWAMY MODALIYAR, NOW AGED ABOUT 70 YEARS, R/AT SIDDALINGESWARA NILAYA, ARALEPETE, TUMAKURU TOWN - 572 101. 2. THE BRANCH MANAGER, IFFCO GEN.INS. CO. LTD., SRISHANTHI TOWERS, 5TH FLOOR, 3RD MAIN, 141 EAST OF NEFT LAYOUT, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 KASTURI NAGARA, BENGALURU - 560 043. …RESPONDENTS (BY SRI. P.S. JAGADISH, ADVOCATE FOR R2 VIDE ORDER DATED 01.04.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 19.08.2024 PASSED IN MVC NO.998/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, 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 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 19.08.2024 passed in MVC No.998/2021 on the file of the Principal Senior Civil Judge and CJM, Tumakuru for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 14.06.2021 and filed a claim petition before the Tribunal for compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.6,38,646/- with interest at the rate of 6% p.a., from the date of filing of the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was doing carpentry and earning Rs.40,000/- per month. But the Tribunal has taken his income on the lower side. 4. The petitioner examined the doctor as PW2, who assessed the disability of the right lower limb at 37% and the whole body disability at 12%. It is further contended that the compensation awarded under other - 4 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 heads is on the lower side. Therefore, requested for enhancement of compensation. 5. Though it is stated that the petitioner was earning Rs.40,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 24 years at the time of the accident and the relevant multiplier applicable is '18'. 6. As per Ex.P8-Wound Certificate, the petitioner sustained grievous injuries. The petitioner examined the doctor as PW2, who stated that the petitioner sustained right arm elbow and forearm degloving injury with exposed underlying muscles and neurovascular bundles with wound contamination, acute on chronic subdural haemorrhage in the left frontal parietal convexity, swelling of right foot and other injuries and underwent surgery and caused permanent disability. The doctor has assessed the - 5 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 disability of the right lower limb at 37% and the whole body disability at 12%. The Tribunal has rightly considered the whole body disability at 12% and it needs no interference. Accordingly, the loss of future earning capacity comes to Rs.15,000/- x 12 x 18 x 12% = Rs.3,88,800/-. The petitioner has incurred Rs.2,55,767/- towards medical expenses as per Ex.P11 and the Tribunal has already granted the said amount and the same is confirmed by this Court. The petitioner was hospitalized for a period of 11 days. Considering the nature of injuries, his occupation, period Of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.25,000/- for loss of amenities, and Rs.35,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of three months. Therefore, Rs.45,000/- (Rs.15,000/- x 3) should be - 6 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 granted under the head loss of income during the laid-up period. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,99,567/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: Particulars Amount in Rs. Pain and suffering 50,000 Medical expenses 2,55,767 Loss of income during laid up period 45,000 Loss of future earning capacity 3,88,800 Loss of amenities 25,000 Transportation, extra nourishment and attendant charges 35,000 Total 7,99,567 - 7 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 19.08.2024 passed in MVC No.998/2021 on the file of the Prl. Senior Civil Judge and CJM, Tumakuru is modified. iii. The claimant is entitled to a sum of Rs.7,99,567/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,38,646/- granted by the Tribunal. 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 enhanced compensation of Rs.1,60,921/- along with the interest at - 8 - HC-KAR NC: 2026:KHC:17764 MFA No. 31 of 2025 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.: 11