- 1 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 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. 1934 OF 2024 (MV-I) BETWEEN: KRISHNA G.S, S/O SHANTHARAJANAYAKA, NOW AGED ABOUT 28 YEARS, R/A GALIGEKERE, HOSA AGRAHARA HOBLI, K.R. NAGARA TALUK, MYSORE DISTRICT, NOW R/A C/O MANIYAMMA, BELAGOLA, S.R. PATNA TALUK, MANDYA DISTRICT. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. MANOJ H.S. MAJOR, S/O SWAMYGOWDA, R/A HAMPAPURA VILLAGE AND POST, HOSA AGRAHARA HOBLI, K.R. NAGARA TALUK, MYSORE DISTRICT - 570 001. 2. THE DIVISIONAL MANAGER ICICI LOMBARD GEN. INS. CO. LTD., NO. 89, S.V.R COMPLEX, 2ND FLOOR, HOSUR ROAD, BANGALORE - 68. …RESPONDENTS (BY SRI. P.S. JAGADISH, FOR R2; VIDE ORDER DATED 14.02.2025, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.04.2023 PASSED IN MVC NO.710/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 28.04.2023 passed in MVC No.710/2020, by the Additional Senior Civil Judge, Srirangapatna, for enhancing the compensation. 2. Heard the arguments of both sides. The ranks of the parties are retained as per the Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 3. The petitioner/injured claimant met with an accident on 15.03.2020 and filed a claim petition claiming compensation of Rs.25,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.16,14,214/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that the petitioner was doing mason work and earning Rs.30,000/- per month, but the Tribunal has taken his income on the lower side. It is further contended that the amounts granted under other heads are meagre and that future prospects are not granted. Therefore, requested for enhancement of compensation. 4. Learned counsel for respondent No.2 stated that the doctor assessed the disability as 36% to whole body which is on the higher side, and the Tribunal has considered the same and it is to be modified. - 4 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 5. Though the petitioner stated that he was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2020, the Tribunal has rightly taken his notional income as Rs.14,500/- per month. The petitioner was aged 24 years at the time of the accident and the multiplier applicable is 18. 6. Ex.P5 is the Wound Certificate and Ex.P8 is the Discharge Summary. The petitioner examined the doctor as CW1 and marked Ex.C1 to Ex.C4. The petitioner sustained a subdural hemorrhage in the left frontoparietotemporal region, with left temporal lobe contusions with fracture of the right maxillary sinus and he underwent tracheostomy. The MRI of the brain revealed post-traumatic gliosis in the left temporal region with prominent retrocerebellar CSF spaces. Psychological assessment indicated a VSMS - 72 - borderline socio- adaptive functioning disability - 25%. Further, his present conditions are Cognitive impairment are attributed to - 5 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 sequel of brain injury and Ataxia to sequel of chronic injury to the left temporal lobe and cerebellar degeneration with retrocerebellar CSF spaces as seen on MRI scan. CW1, in his evidence stated that as it is a neurological disorder, the total disability of 36% to the whole body. The Tribunal has rightly considered the said disability and it needs no interference. 7. As the disability is more than 20%, the petitioner is entitled for future prospects as per the decision reported in MFA No.103807/2016 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others. The petitioner was aged 24 years, therefore, he is entitled for future prospects at the rate of 40%. Accordingly, the loss of future earning capacity comes to Rs.14,500 + 40% x 12 x 18 x 36% = Rs.15,78,528/-. The petitioner incurred Rs.3,76,694/- towards medical expenses and the said amount is confirmed. He was hospitalized for a period of 21 days. Considering the nature of injuries, period of - 6 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of four months. Therefore Rs.58,000/- (Rs.14,500 x 4) is granted under the head loss of income during laid-up period. 8. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earning capacity 15,78,528 Pain and suffering 60,000 Loss of amenities 30,000 Transportation, extra nourishment and attendant charges 40,000 Medical expenses 3,76,694 Loss of income during laid up period 58,000 Total 21,43,222 - 7 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 9. Hence, the appellant-claimant is entitled to a total compensation of Rs.21,43,222/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 28.04.2023 passed in MVC No.710/2020, by Additional Senior Civil Judge Srirangapatna, is modified; iii. The claimant is entitled to a sum of Rs.21,43,222/- along with interest at 6% p.a., instead of Rs.16,14,214/- granted by the tribunal, from the date of petition till the date of realization. iv. Respondent No.2/Insurance Company has already deposited the award amount before the tribunal. Therefore, respondent - 8 - HC-KAR NC: 2026:KHC:18608 MFA No. 1934 of 2024 No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.5,29,008/- 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. The claimant is not entitled for interest for the delay period of 200 days as per the order on I.A.No.1/2024 dated 14.02.2025. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 47