- 1 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3502 OF 2015 (MV-I) BETWEEN: SRI. SRIDHAR S S/O SURESH S.B AGED ABOUT 20 YEARS R/AT NO. 17/216 MAGADI MAIN ROAD, BYADARAHALLI, BANGALORE NORTH TALUK. …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. THE NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE, SUBHARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001 REP. BY IT'S MANAGER. 2. SRI. SHIVAKUMAR S/O SRINIVAS R/AT NO.65, 4TH CROSS RANGANATHAPURA, KAMAKSHIPALYA BENGALURU - 560 079. …RESPONDENTS (BY SRI. R. JAI PRAKASH, ADVOCATE FOR R1; VIDE ORDER DATED 25.10.2016, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.1.2015 PASSED IN MVC NO.796/2014 ON THE FILE OF THE 16TH ADDITIONAL JUDGE, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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 20.01.2015 passed in MVC No.796/2014 on the file of the XVI Additional Judge and Member, MACT, Court of Small Causes, Bangalore, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for both sides. 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 25.09.2013 and filed petition before the Tribunal - 3 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 for compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,67,000/- with interest at the rate of 9% p.a., from the date of filing the petition till the date of realization. 4. Aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured was pursuing B.Com and also doing a part time job as a salesman in mobile store, earning Rs.4,000/- per month. The petitioner sustained grievous injuries. The Tribunal granted meager amounts under the other heads. PW.3-doctor stated that the petitioner/injured required Rs.1,00,000/- towards future medical expenses. But the amount granted by the Tribunal is on the lower side. Therefore, requested for enhancement of the compensation. 5. Though the petitioner stated that he was earning Rs.4,000/- per month, he has not filed any income proof. As he met with an accident in the year 2013, his notional income is to be taken as Rs.8,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 18 years and the relevant multiplier is '18'. The petitioner/injured filed wound certificate under Ex.P.4, case - 4 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 sheet under Ex.P.15 and examined the doctor as PW.3, who is an orthopedic Surgeon. The doctor stated that the petitioner sustained the following injuries: "1. Cervical spine AP and lateral compression fracture L2 vertebra. 2. L1 vertebra wedge compression fracture with mild retropulsion causing moderate thecal compression. 3. Fracture of left transverse process of L1 and D12." The petitioner/injured was treated conservatively. On examination, it is found that kyptrotic deformity present, tenderness at L1 present and spine flexion and extension painful. As per the X-ray, there is kyphosis at L1 with vertebral compression and the doctor opined that there is permanent partial disability to whole body is 15%. The doctor also suggested that spine stabilization and fusion to correct deformity and relieve pain, it costs Rs.1,00,000/-. 6. Considering the nature of injuries and period of hospitalization, this Court finds that it is just and reasonable to take the disability as 10%. Accordingly, the loss of future earning capacity comes to Rs.1,72,800/- - 5 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 (8,000x12x18x10%). This Court also 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 done any other work at least for a period of four months, due to the injuries sustained in the accident. Therefore, a sum of Rs.32,000/- (8,000 × 4) is to be awarded under the head of loss of income during the laid-up period. PW.3-doctor specifically stated that the petitioner requires another surgery for spine stabilization and estimated the cost as Rs.1,00,000/-. Therefore, this Court finds it reasonable to grant an amount of Rs.75,000/- towards future medical expenses. The Tribunal has already granted Rs.17,000/- towards medical expenses and the said amount is confirmed. 7. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,26,800/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 20.01.2015 passed in MVC No.796/2014 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 60,000/- 2 Towards medical expenses 17,000/- 3 Towards transportation, extra nourishment and attendant charges 40,000/- 4. Towards loss of amenities 30,000/- 5 Towards loss of income during the laid up period 32,000/- 6. Towards future medical expenses 75,000/- 7. Towards loss of future earning capacity 1,72,800/- Total 4,26,800/- - 7 - HC-KAR CNR: KAHC010261482015 NC: 2026:KHC:36838 MFA No. 3502 of 2015 XVI Additional Judge, Member, MACT, Court of Small Causes, Bangalore, is modified. iii. The claimant is entitled to a sum of Rs.4,26,800/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,67,000/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit enhanced compensation of Rs.2,59,800/- 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. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 30