- 1 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7425 OF 2018 (MV-I) BETWEEN: SRI. KANTHA RAJU S/O K.S. SRINIVASA, AGED ABOUT 23 YEARS, R/AT KAMBALAPURA, KAMBALAPALYA POST, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, NEXT TO MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU REP. BY ITS MANAGER. 2. SRI. UMESH HEGDE HEGDE BULK CARRIER, SURATHKAL, SOUTH KANARA DISTRICT, MANGALORE - 574 158. …RESPONDENTS (BY SRI. Y.K. SHESHAGIRI RAO, ADVOCATE FOR R1; R2 IS SERVED, BUT UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.06.2017 PASSED IN MVC NO.1694/2014 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE & MACT 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 16.06.2017 passed in MVC No.1694/2014 on the file of the III Additional Senior Civil Judge & MACT, Tumakuru, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 3. The petitioner/injured claimant met with an accident on 26.07.2014 and filed petition before the Tribunal for compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,42,100/- 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 Tribunal has awarded meagre compensation under the other heads. The doctor-PW.3 stated that the petitioner/injured sustained 45% disability to the left leg and 15% towards whole body. But the Tribunal erred in taking the disability as 5%, which is on the lower side. Therefore, requested for enhancement of the compensation. 4. Though the petitioner stated that he was working as a cleaner/loader/unloader and was earning Rs.8,000/- per month, he has not filed any income proof. As he met with an accident in the year 2014, his notional income is to be taken as Rs.8,500/- per month, as per the - 4 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 chart preferred by the Karnataka State Legal Services Authority. Learned counsel for the respondents stated that the petitioner himself has admitted that he was earning a sum of Rs.8,000/- per month. But he has not proved his income. In cases where there is no proof of income, this Court is taking the notional income as per the chart. Therefore, this Court finds that it is just and reasonable to take his income as Rs.8,500/- per month, as it is a beneficial legislation. The petitioner was aged 20 years and the relevant multiplier is '18'. The petitioner/injured filed Ex.P.2-wound certificate and also examined the doctor as PW.3. The doctor is a consultant Orthopedic Surgeon and he stated that the petitioner sustained fracture of shaft tibia. On examination there is swelling, tenderness present over left leg and the X-ray shows united fracture with implants. The doctor finally assessed that partial body disability of the left leg is 45% and the whole body disability is 15%. It is also stated that the petitioner requires a sum of Rs.30,000/- for implant - 5 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 removal. Therefore, this Court finds that it is just and reasonable to take one third of 45% i.e., 15% disability for the purpose of calculation. Accordingly, the loss of future earning capacity comes to Rs.2,75,400/- (8,500×12×18×15%). The petitioner/injured was hospitalized for a period of fourteen days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it 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. The petitioner/injured might not have attended to any other work at least for a period of two months, due to the injuries sustained in the accident. Therefore, a sum of Rs.17,000/- (8,500 × 2) is awarded towards loss of income during the laid-up period. The Tribunal has already granted a sum of Rs.28,300/- towards medical expenses and the said amount is confirmed. This Court also finds it - 6 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 reasonable to grant an amount of Rs.30,000/- towards future medical expenses. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,40,700/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 40,000/- 2. Towards medical expenses 28,300/- 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 17,000/- 6. Towards loss of future earning capacity 2,75,400/- 7. Towards future medical expenses 30,000/- Total 4,40,700/- - 7 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 16.06.2017 passed in MVC No.1694/2014 on the file of the III Additional Senior Civil Judge & MACT, Tumakuru, is modified. iii. The claimant is entitled to a sum of Rs.4,40,700/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,42,100/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.2,98,600/- along with the interest at - 8 - HC-KAR NC: 2026:KHC:33933 MFA No. 7425 of 2018 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.: 1