- 1 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 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. 7622 OF 2018 (MV-I) BETWEEN: SRI. S.G. LAKSHMANAIAH S/O LATE GIDDAIAH, AGED ABOUT 48 YEARS AGRICULTURIST CUM COOLIE, R/AT NO.422-1, SINDGHATTA K.R.PET, MANDYA DISTRICT - 571 436. …APPELLANT (BY SRI. SURESH M. LATUR, ADVOCATE) AND: 1. PRADEEP KUMAR H.R, S/O RAME GOWDA H.M, R/AT HANTHUR POST, MOODIGERE TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 2. THE REGIONAL MANAGER NATIONAL INSURANCE CO.LTD., SUBHARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. VENKATESH R. BHAGAT, ADVOCATE FOR R2; VIDE ORDER DATED 18.11.2019, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06/06/2018, PASSED IN MVC NO.506/2017, ON THE FILE OF THE III ADDITIONAL JUDGE & MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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 06.06.2018 passed in MVC No.506/2017 on the file of the III Additional Judge & Member, MACT, Court of Small Causes, Bengaluru (SCCH- 18), seeking enhancement of the compensation. 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 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 3. The petitioner/injured claimant met with an accident on 01.09.2016 and filed petition before the Tribunal for compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,45,980/- with interest at the rate of 9% 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 aged 47 years and was working as an agriculturist- cum-coolie, earning Rs.15,000/- per month. The Tribunal has awarded meagre compensation under the other heads. Therefore, requested for enhancement of the compensation along with interest at the rate of 12% per annum. 4. Though the petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2016, his notional income is to be taken as Rs.9,500/- per month, as per the chart preferred by the Karnataka State - 4 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 Legal Services Authority. As per the wound certificate, the Tribunal has considered the age of the petitioner as 50 years and the relevant multiplier is ‘13’. The petitioner/injured filed Ex.P.15-wound certificate and Ex.P.1-discharge summary and also examined the doctor as PW.2. As per the Ex.P.15-wound certificate, the petitioner sustained the following injuries: "1) Crush injury on lower part of right leg 2) Fracture of tibia and bowl 3) Crush injury to right foot big toe fracture of bone seen 4) Lacerated wound on left temporal region of scalp 5) Abrasion of front of left knee." Out of which, the injury Nos.1 and 2 are grievous in nature and the other injuries are simple in nature. 5. The doctor-PW.2 assessed the disability of the petitioner at 38.5% to the right lower limb and 10% disability contributed by the amputation of great toe of right foot and the whole-body disability at 24.5%. In his - 5 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 cross-examination, PW.2 stated that the fracture of tibia is united. Therefore, this Court finds it just and reasonable to assess the whole-body disability at one-third of 48.5% i.e., 16%. Accordingly, the loss of future earning capacity comes to Rs.2,37,120/- (9,500×12×13×16%). The petitioner/injured was hospitalized for a period of one month and eight days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant a sum of Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended to any other work at least for a period of four months, due to the injuries sustained in the accident. Therefore, a sum of Rs.38,000/- (9,500 × 4) is awarded towards loss of income during the laid-up period. The Tribunal has already granted a sum of Rs.67,980/- towards medical expenses and the said amount is confirmed. - 6 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,63,100/- 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. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Towards medical expenses 67,980/- 3. Towards loss of amenities 30,000/- 4. Towards transportation, extra nourishment and attendant charges 30,000/- 5. Towards loss of income during laid up period 38,000/- 6. Towards loss of future earning capacity 2,37,120/- Total 4,63,100/- - 7 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 ii. The judgment and award dated 06.06.2018 passed in MVC No.506/2017 on the file of the III Additional Judge & Member, MACT, Court of Small Causes, Bengaluru, (SCCH- 18), is modified. iii. The claimant is entitled to a sum of Rs.4,63,100/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,45,980/- 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 the enhanced compensation of Rs.1,17,120/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:33079 MFA No. 7622 of 2018 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.: 40