- 1 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7499 OF 2023 (MV-I) BETWEEN: 1. MR PRANAM @ PRANAMGOWDA S/O JAYARAMEGOWDA AGED ABOUT 27 YEARS R/AT: BIRANAGODU, GENDEHALLI HASSAN DISTRICT – 573 115. PRESENT ADDRESS: R/AT NEAR GOVT. SCHOOL 12TH CROSS, CHIKKASANDRA BENGALURU CITY - 560 057. …APPELLANT (BY SRI VIJAY KUMAR T, ADVOCATE) AND: 1. THE MANAGER THE NATIONAL INSURANCE CO. LTD., No. 144, 2ND FLOOR SHUBHARAM COMPLEX, M G ROAD BENGALURU – 560 001. 2. MR UMESHA V S/O VENKATESHA G AGED MAJOR R/AT No.54, 4TH B CROSS Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 SAPTHAGIRI LAYOUT NEAR HMT LAYOUT GANAPATHI TEMPLE NAGASANDRA POST BENGALURU – 560 073. …RESPONDENTS (BY SRI C SHANKARA REDDY, ADVOCATE FOR R1 V/O DTD. 16.7.2026 NOTICE TO R2 DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.09.2022 PASSED IN MVC No.2781/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 05.09.2022 passed in MVC No.2781/2021 by Chief Judge, Court of Small Causes and Principal MACT, Bengaluru (SCCH-1). - 3 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 2. Even though the appeal is listed today for orders/admission, it is taken up for disposal with consent of learned counsels appearing for parties. 3. The appellant -claimant made a claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident occurred on 13.04.2021 contending that the accident occurred due to the rash and negligent driving of the driver of the car bearing registration No.KA-41-C-6018. The Tribunal recorded the evidence, appreciating the evidence on record has assessed the compensation and awarded the compensation under various heads as under: SL. No. Head of Compensation Amount 1. Pain and Sufferings Rs.1,00,000-00 2. Medical expenses Rs.71,100-00 3. Food and nourishment, attendant charges Rs.18,000-00 4. Transportation charges Rs.10,000-00 5. Loss of income during the treatment and rest period Rs.15,000x3 Rs.45,000-00 6. Loss of future income due to permanent disability Rs.3,24,000-00 - 4 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 1500x12x18 7. Diminishing Marriage prospects Rs.50,000-00 8. Loss of amenities Rs.50,000-00 9. Future Medical Expenses Rs.25,000-00 Total Rs.6,93,100-00 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realization excluding the interest on future medical expenses of Rs.25,000/-. The Tribunal held that the respondent No.2 - insurer is liable to pay the compensation amount with interest. The claimant is seeking enhancement of compensation has filed present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.1 –insurer. 6. Learned counsel for the appellant would contend that P.W.4 - Doctor, who has assessed the disability has stated that there is 32% disability right lower limb and 16% of the whole body and the Tribunal has erred in taking the disability at 10%. The Tribunal ought to - 5 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 have taken 1/3rd of 32% which comes to 11%. With these, he prays to allow the appeal. 5. Learned counsel for respondent No.1 –insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. The Tribunal has rightly taken disability at 10%. With these, he prays to dismiss the appeal. 6. Having heard learned counsels, this Court has perused impugned judgment and award. 7. The claimant has sustained the following injuries as per Ex.P8 –discharge summary. i) Poly Trauma due to car accident with brain trauma left frontal contusion multiple facial bones fracture ii) Blunt trauma abdomen (liver laceration) iii) Left leg tibia and fibula fracture. - 6 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 6. The claimant has sustained head injury. P.W.4 is doctor, who has examined the claimant and assessed disability. P.W.4 has stated that the claimant is having 32% disability of right lower limb and 16% disability to the whole body. The Tribunal has taken the disability at 10%. The disability to the whole body is to be taken 1/3rd of particular limb if 1/3rd of 32% is taken, it comes to 10.66%. Therefore, the disability is to be taken at 11%. The Tribunal has rightly taken the notional income of Rs.15,000/- and applied multiplier 18. In view of the above, loss of future income is calculated as under: Rs.15,000/- x 12 x 18 x 11% = Rs.3,56,000/-. The Tribunal is awarded Rs.3,24,000/- under the said head. Therefore, the claimant is entitled to enhanced compensation of Rs.32,400/- (Rs.3,56,000/- less Rs.3,24,000/-). The compensation awarded under other heads is just and proper and there are no grounds for enhancement on those heads. - 7 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 8. Considering the above aspect, the following: ORDER i) The appeal is allowed in-part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.32,400/- with interest at the rate of 6% per annum from the date of petition till realization. iii) Respondent No.1 - Insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of 06 weeks from this day failing which it is liable to pay interest at the rate of 9% per annum from this day till payment and recovery from the owner of the vehicle i.e., respondent No.2. iv) The order of the Tribunal in respect of pay and recovery shall remain undisturbed. - 8 - HC-KAR CNR: KAHC010589812023 NC: 2026:KHC:36338 MFA No. 7499 of 2023 v) The appellant -claimant is not entitled to interest for delay period of 321 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 12