- 1 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 144 OF 2017 (MV-I) BETWEEN: RAJENDRAPRASAD M S S/O SHANKARACHARI M N AGED ABOUT 33 YEARS, SRI VENKATESWARANILAYA, 1ST CROSS, MANJUNATHA LYAOUT, BASAVANAPURA MAIN ROAD, GYAYATHRI TEMPLE ROAD K.R.PURA BANGALORE - 560 053 …APPELLANT (BY SRI. K. SHANTHARAJ., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD REGIONAL OFFICE 5TH FLOOR KRISHI BHAVAN, HUDSON CIRCLE BANGALORE - 560 001 2. MR. M.D. MOHAN NO.144, 2ND CROSS SOLLAPURADAMMA BADAVANE SUNKADAKATTE, MAGADI MAIN ROAD BANGALORE - 560 091 …RESPONDENTS (BY SRI. SHANKARA REDDY C., ADVOCATE FOR R1 VIDE ORDER DATED 17.04.2023, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.04.2014 PASSED IN MVC NO.8676/2010 ON THE FILE OF THE VI ADDITIONAL JUDGE AND MEMBER MACT, COURT OF SMALL CAUSES, BANGALORE, 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 Heard the arguments of learned counsel from both sides. 2. Present appeal is filed by the appellant/petitioner against the order dated 03.04.2014 passed by the VI Additional Judge and MACT, Bengaluru in M.V.C No.8676/2010. 3. Petition averments in brief are that, the injured claimant met with an accident on 02.09.2010 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal after considering the entire evidence on record granted Rs.2,47,500/- with interest at 6% p.a. from the date of petition till realization. Aggrieved - 3 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 by the said order he preferred an appeal and mainly contended that, the petitioner sustained grievous injuries and was admitted in the hospital as inpatient from 12.01.2013 and to 13.01.2013. He was advised bed rest for 5 months and the amount granted under other heads is meager and therefore requested for enhancement of compensation. 4. Heard the arguments of both sides. 5. It is stated that the petitioner was aged 31 years, working as Marketing Executive in Netra Enterprises and earning Rs.8,000/- p.m. He filed Ex.P.11 – Salary Certificate. As per the salary certificate he was getting a salary of Rs.7,440/- p.m. but he has not examined the owner. Therefore, the Tribunal has rightly considered the notional income of Rs.5,500/- p.m. as he met with an accident in the year 2010 as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 31 years as on the date of accident and the relevant - 4 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 multiplier is 16. Petitioner had produced Ex.P.4 –Wound Certificate and also Exs.P.6 –Rough sketch and P.8 – Discharge summary and examined the Doctor as PW-2. He stated that; “he is an Orthopedic Surgeon, petitioner sustained fracture of mid-shaft left tibia in the form of closed reduction and internal fixation using intra-medullary interlocking nailing on 03.09.2013. He complains of pain and difficulty in walking long distance, and climbing stairs. He gives history of inability to squat and sit cross legged. On examination he walks with pain and limping. He has surgical sears over his left knee and left leg. He has wasting of left lower limb. As per the recent x-ray there is united fracture of shaft tibia with implant in situ. He has assessed disabilities of lower limb at 38% and that the whole body 19% and is permanent. He requires surgeries for the removal of implants at both sites, which costs him around Rs.30,000/- in private setup.” 6. It was suggested in the cross-examination that it costs Rs.15,000/- to Rs.20,000/- but not Rs.30,000/-. Therefore, the loss of future earning capacity comes to Rs.5,500/- x 12 x 16 x 13% = Rs. 1,37,280/-. This Court finds it just and reasonable to take the disability as 1/3rd of 38% i.e., 13%. He was hospitalized for a period of 4 - 5 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 days. Therefore, it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering, Rs.30,000/- towards Transportation, Rs.25,000/- towards loss of amenities. Petitioner might not have attended any work for a period of 3 months, hence, Rs.16,500/- is granted under the head of loss of income during laid up period. In view of the evidence of PW-2 this Court finds it reasonable to grant an amount of Rs.20,000/- towards future medical expenses. 7. Thus in all, compensation awarded by this Court are as below: Particulars Amount in Rs. Medical Bills 4 4,000/- Loss of future earning capacity 1,37,280/- Pain and Suffering 50,000/- Loss of Amenities 25,000/- Transportation, Extra Nourishment & Attendant Charges 30,000/- Loss of income during laid up period 16,500/- Future Medical Expenses 20,000/- Total 3,22,780/- - 6 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 Compensation is enhanced from Rs.1,98,000/- to Rs.3,22,780/- and the enhanced compensation is Rs.1,24,780/-, which carries interest at the rate of 6% per annum. 8. The Tribunal has held that there is 20% negligence on the part of rider of the motorcycle and the Insurance Company is liable to pay 80% of the compensation. If the amount is in excess Insurance Company is entitled for refund or else directed to pay the balance with interest within one month from the date of order. 9. Accordingly, the following: ORDER (i) The appeal is partly allowed. (ii) The judgment and award dated 03.04.2014, passed in MVC No.8676/2010 by the VI Additional Judge & MACT, Bengaluru city (SCCH-2) is modified; - 7 - HC-KAR NC: 2026:KHC:34886 MFA No. 144 of 2017 (iii) If the amount deposited by Insurance Company is in excess, entitled for refund or else directed to deposit balance amount with interest at the rate of 6% p.a. within one month from the date of this order. (iv) Appellant/petitioner is not entitled for interest for the delay period of 900 days as per order in IA No.1/2017 dated 09.07.2026. On such deposit petitioner is permitted to withdraw the entire amount of compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE BVK List No.: 1 Sl No.: 8