- 1 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3282 OF 2018 (MV-I) BETWEEN: SRI. PUTTASOMAIAH K.E, S/O LATE CHANDYAPPA, AGED ABOUT 56 YEARS AGRICULTURIST R/O KUNNALU VILLAGE, LAKYA POST CHIKKAMAGALURU DISTRICT - 577 101. …APPELLANT (BY SRI. VINOD GOWDA, ADVOCATE) AND: 1. NARASIMHAMURTHY S/O KENCHAPPA AGED ABOUT 29 YEARS R/O KENCHAMBA KRUPA, 2ND CROSS, LAKSHMEESHANAGAR KADUR TOWN, CHIKMAGALURU - 577 101. 2. SRI. KENCHAPPA K S/O KENCHAPPA AGED ABOUT 63 YEARS R/O KENCHAMBA KRUPA, 2ND CROSS LAKSHMEESHANAGAR, KADUR TOWN CHIKMAGALURU - 577 101. 3. THE BRANCH MANAGER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 UNITED INDIA INSURANCE CO. LTD., MICRO OFFICE B.R.M COMPLEX OPP. KSRTC BUS STAND BIRUR, KADUR TALUK CHIKMAGALURU - 577 101. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3; R1 AND R2 SERVED BUT UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2018 PASSED IN MVC NO.257/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND AMACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 01.02.2018 passed in MVC No.257/2017 on the file of the I Additional Senior Civil Judge and AMACT, Chikkamagaluru, seeking enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.3/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 22.02.2017 and filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,65,874/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/appellant was working as an agriculturist and was earning Rs.20,000/- per month. He examined the doctor as PW-2 and he assessed the disability at 35%. But the Tribunal erred in taking the disability at 11.66%. The Tribunal has granted the meager amounts under other heads and no amount is granted under the head 'future medical - 4 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 expenses'. Therefore, requested for enhancement of the compensation. 4. Though the petitioner stated that he was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2017, his notional income is to be taken as Rs.11,000/- per month, as per the chart preferred by the Karnataka State Legal Services Authority. The petitioner was aged 75 years and the relevant multiplier is ‘5’. The petitioner/injured filed Ex.P.8-wound certificate and Ex.P.11-discharge summary and also examined the doctor as PW.2. As per Ex.P.8-wound certificate, the petitioner sustained the following injuries: "1. External deformity of the left leg with laceration which is rigorous is shape active bleeding. 2. Abrasion over the right elbow measuring 1 x 1 cm." Out of which, injury No.1 is grievous in nature and injury No.2 is simple in nature. - 5 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 5. As per the discharge summary, the petitioner also sustained type-2 open tibia fracture on left leg. It was stated by PW-2 that the petitioner was admitted in the hospital as an inpatient for three days. As per the X-ray, the broken bones have united in an abnormal position and the movements of left knee and ankle joint was restricted. It is difficult for him to do any hard work and to squat or climb staircase. There are chances of getting swelling and pain even if he works for a shorter period. The doctor has also issued a disability certificate assessing the disability at 35% to the left lower limb. Therefore, one-third of the same is taken as 12% disability. Accordingly, the loss of future earning capacity comes to Rs.79,200/- (11,000×12×5×12%). Considering the nature of injuries, the period of hospitalization and other relevant factors, this Court finds it is reasonable to grant a sum of Rs.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. - 6 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 The petitioner/injured might not have attended to any other work for a period of two months. Therefore, a sum of Rs.22,000/- (11,000 × 2) is awarded towards loss of income during the laid-up period. The Tribunal has already granted a sum of Rs.90,894/- towards medical expenses and the said amount is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2. Towards medical expenses 90,894/- 3. Towards loss of amenities 20,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 22,000/- 6. Towards loss of future earning capacity 79,200/- Total 2,82,094/- - 7 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,82,094/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 01.02.2018 passed in MVC No.257/2017 on the file of the I Additional Senior Civil Judge and AMACT, Chikkamagaluru, is modified. iii. The claimant is entitled to a sum of Rs.2,82,094/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,65,874/- granted by the tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 8 - HC-KAR NC: 2026:KHC:33078 MFA No. 3282 of 2018 No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.1,16,220/- along with the interest at 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 AMA List No.: 2 Sl No.: 25