- 1 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8727 OF 2015 (MV-I) BETWEEN: SRI SHANMUGHAM S/O ANNAMALAI, AGED ABOUT 45 YEARS R/O 4TH CROSS SHANKARPURA, CHIKMAGALUR-577 101. APPELLANT (BY SRI. VD RAVIRAJ.,ADVOCATE) AND: 1. SRI MOHAN GOWDA G M S/O MANJE GOWDA, AGED ABOUT 34 YEARS R/O GOWDANAHALLI VILLAGE, AMBLE POST, CHIKMAGALUR TALUK-577 101. 2. M/S IFFCO-TOKIO GENERAL INSURANCE CO.LTD., C/O SHRUTHI MOTORS, BYPASS ROAD, NEAR A.I.T.CIRCLE, JYOTHINAGAR POST, CHIKMAGALUR-577 101. RESPONDENTS (BY SRI. SV HEGDE MULKHAND.,ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.08.2015 PASSED IN MVC NO.740/2013 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND MEMBER MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR DISMISSAL, 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 17.08.2015 passed in MVC.No.740/2013 on the file of the learned I Additional District Judge and Member MACT, Chikmagalur (hereinafter referred as to 'Tribunal), seeking enhancement of 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. The petitioner/injured claimant met with an accident on 06.08.2013 and filed claim petition before the Tribunal claiming compensation of Rs.8,00,000/-. The Tribunal - 3 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 considering the entire evidence on record granted an amount of Rs.6,22,500/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the claimant sustained grievous injuries. He was inpatient from 08.08.2013 to 19.09.2013 i.e., for a period of 42 days. There is malunion and restriction of movement of 550 on the right lower limb and 1200 of ankle movement. He further stated that, he was a barber earning Rs.15,000/- per month, but the Tribunal has taken his income as Rs.9,000/- per month which is on lower side and the Tribunal granted meager amounts under the other heads. He examined doctor as CW1 and he assessed the permanent disability of 65%, but the Tribunal has erroneously taken the disability as 50% which is on the lower side and thus requested for enhancement. 4. Learned counsel appearing for respondent No.2 stated that, the doctor has not specifically stated whether it is a limb disability or whole body disability, but even then considering the nature of injuries the Tribunal has rightly taken 50% disability and it needs no inference. Moreover, the income - 4 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 was wrongly taken as Rs.9,000/- per month instead of Rs.8,000/- per month. Therefore, requested for modification. 5. Though the petitioner stated that, he was a barber and earning Rs.15,000/- per month. He has not filed any income proof, but he filed Exs.P11 and 12 trade license and receipt. As he met with the accident in the year 2013, this Court finds that it is just and reasonable to take his notional income as Rs.8,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 43 years and the relevant multiplier is '14'. The petitioner filed wound certificate under Ex.P7, discharge summary under Ex.C7 and disability certificate under Ex.C6. He examined doctor as CW.1 who is orthopedic surgeon, he stated that petitioner complains of pain and tenderness at right lower limb, there is bleeding in the nose, contusion over the right supra condyler fracture of the femur, deep vein thrombosis of superficial femoral vein and poplital vein and multiple abrasions over the face. There is shortening of 3 cms on right lower limb. The petitioner stated that he is unable to squat, to kneel, to climb stairs and to walk and stand without support. The Tribunal has rightly considered the evidence and assessed the disability as - 5 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 50%. This Court finds no reason to interfere with the disability assessed by the Tribunal. As the disability is more than 20% petitioner is entitled for future prospects as per the judgment of the New Assurance Company Limited V.s Abdul, S/o Mehaboob Tahasildar and Others in MFA.No.103807/2016 C/w MFA.No.103835/2016 decided on 27.05.2022. As he is aged 43 yeas he is entitled for 25% of future prospects. Thus the loss of future earning capacity comes to Rs.8,000/- + 25% X 12 X 14 X 50% =Rs.8,40,000/-. He was admitted in the hospital for a period of 42 days, considering the nature of injuries, period of hospitalization, disability, malunion, occupation and other relevant factors, this Court finds it is just and reasonable to grant an amount of Rs.60,000/- towards pain and sufferings, Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The claimant might not have attended any other work at least for a period of 6 months therefore, an amount of Rs.8,000/- X 6 =Rs.48,000/- is to be granted under the heads loss of income during laid up period. The Tribunal has granted an amount of Rs.7,600/- towards medical - 6 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 expenses and Rs.15,000/- towards future medical expenses and the said amounts are confirmed. 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.10,40,600/- 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. ii. The judgment and award dated 17.08.2015 passed in MVC.No.740/2013 on the file of the learned I Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2. Medical expenses 7,600/- 3. Future medical expenses 15,000/- 4. Towards loss of amenities 30,000/- 5. Towards food, nourishment and attendant charges 40,000/- 6. Towards loss of income during laid up period 48,000/- 7. Towards loss of future earning capacity 8,40,000/- Total 10,40,600/- - 7 - HC-KAR NC: 2026:KHC:35561 MFA No. 8727 of 2015 Additional District Judge and Member MACT, Chikmagalur, is modified. iii. The claimant is entitled to a sum of Rs.10,40,600/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,22,500/- 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.4,18,100/- along with the interest at 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. vi. Registry is directed to send back the records. Sd/- (P SREE SUDHA) JUDGE PNV - List No.: 1 Sl No.: 21