- 1 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3088 OF 2024 (MV-I) BETWEEN: SRI. KRISHNA SINGH. N S/O NARAYANA SINGH, AGED ABOUT 54 YEARS, R/AT NEAR GANESHA TEMPLE, MUTTOR MARKET, RAJAPUTARAPET, HOSAKOTE, BENGALURU RURAL DISTRICT-562114 …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S. BHARATHI AXA GENERAL INSURANCE CO. LTD., BY ITS MANAGER, NO.45/1, 5TH FLOOR, LEO COMPLEX, RASIDENCY ROAD, BENGALURU-560001 2. SRI. DHANANAJAYA B M S/O MUNISWAMY NAIDU, KARLE ZENITH, NO.1064, 100 FEET ROAD, KEMPAPURA MAIN ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 NAGAWARA, BENGALURU-560045 3. M/S RELIANCE GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITI BANK, M.G.ROAD, BENGALURU-560001 …RESPONDENTS (BY SRI. D. VIJAYKUMAR, ADVOCATE FOR R3 V/O DATED 06.04.2026, NOTICE TO R1 & R2 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.07.2023 PASSED IN MVC NO.4737/2021 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, SCCH-21, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 28.07.2023 passed in MVC No.4737/2021 on the file of XVII Additional Judge, Court of Small Causes and Member, MACT, Mayohall Unit, Bengaluru – SCCH-21, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3/Insurance Company. 3. The petitioner/injured claimant met with an accident on 09.09.2021 and filed a claim petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted amended amount of Rs.4,61,258/- 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 granted meager amounts under the conventional heads. Therefore, requested for enhancement of compensation. 4. Learned counsel for respondent No.3–Insurance Company submitted that the Tribunal has already considered all the facts and awarded just and reasonable compensation, which needs no interference. 5. The petitioner/injured claimant stated that he was aged 51 years and was doing a business and earning Rs.50,00,000/- per annum, but he has not filed any income - 4 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 proof. As he met with an accident in the year 2021, the tribunal has rightly taken his notional income as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 51 years. The applicable multiplier is '11' as per the decision of the Hon'ble Apex Court in the case of Sarla Verma and others vs. Delhi Transportation and another1. 6. He examined PW.2–doctor and he observed that the petitioner has sustained both bones forearm fracture left side, cut lacerated wound over base of thumb right side with flex or polio’s longus tendon injury and distal radio ulnar joint disruption left side. PW.2 further assessed permanent disability to left arm to an extent of 53% and assessed whole body disability at 18%. The petitioner was treated with ORIF with plating for the radius and ulna, wound debridement+FPL tendon repair and primary closure, distal radio-ulnar fixation with K wire on 10.09.2021 and later discharged on 11.09.2021. He was on regular follow up in the same hospital and K wire was removed after 4 weeks and later the fractures united. It is 1 2009(6) SCC page 121 - 5 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 stated by PW.2 that the petitioner needs another surgery for the removal of the implant and estimate of this surgery is around Rs.60,000/-. The Tribunal has taken 1/3rd of the said disability at 12% and it has to be set aside. The said injuries are grievous in nature. Thus this Court finds it appropriate to take disability at 18%. Accordingly, the loss of future earning capacity comes to Rs.3,56,400/- (Rs.15,000 × 12 × 11 × 18%). Ex.P6 is the discharge summary and Ex.P4 is the wound certificate which discloses that the petitioner was hospitalized for 3 days. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The petitioner might not have attended to any other work at least for a period of three months. Therefore, a sum of Rs.45,000/- (Rs.15,000 × 3) is awarded towards loss of income during the laid-up period. There is no dispute regarding 'medical expenses' of Rs.1,15,658/- and the same requires no interference. - 6 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 7. Thus in all, compensation awarded by this Court is as below: 8. Thus, the appellant-claimant is awarded a total compensation of Rs.6,62,058/- as against the compensation awarded by the Tribunal at Rs.4,61,258/-. The appellant- claimant is therefore entitled for an enhanced compensation of Rs.2,00,800/- (Rs.6,62,058 – Rs.4,61,258), along with interest at 6% per annum from the date of filing of the petition Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards loss of amenities 25,000/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of income during laid up period 45,000/- 5. Medical expenses 1,15,658/- 6. Towards loss of future earning capacity 3,56,400/- 7. Towards future medical expenses 40,000/- Total 6,62,058/- - 7 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 till deposit, in addition to what has been awarded by the Tribunal. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 28.07.2023 passed in MVC No.4737/2021 on the file of XVII Additional Judge, Court of Small Causes and Member, MACT, Mayohall unit, Bengaluru- SCCH-21, is modified. iii. The claimant is entitled to a sum of Rs. 2,00,800/- along with interest at 6% p.a., from the date of petition till the date of realization. iv. Insurance Company has already deposited the award amount before the Tribunal. Therefore, Insurance Company is directed to deposit the enhanced compensation of Rs. 2,00,800/- - 8 - HC-KAR NC: 2026:KHC:18620 MFA No. 3088 of 2024 along with the interest at the rate of 6% within one month from the date of this order. v. The petitioner is not entitled for interest for the delay period of 159 days as per order on I.A.No.1/2024 dated 06.04.2026. vi. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SKS