- 1 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3611 OF 2025 (MV-I) BETWEEN: SRI S. MADAN KUMAR AGED ABOUT 36 YEARS S/O. K. SARAVANAN R/A. No.58, 2ND CROSS BHASHAMNAGAR, SRIRAMPURA BENGALURU - 560 021. …APPELLANT (BY SRI D. NAGARAJA, ADVOCATE) AND: 1. SRI. M N ANJAN S/O. T. NARAYANASWAMY R/A. No.47, 1ST CROSS, BYRATHI DOODDAGUBBI MAIN ROAD NEAR KRC BUS STOP BENGALURU- 560 077. 2. RAHEJA QBE GEN. INS. CO. LTD., H. M. GENEVA HOUSE, UNIT No.201 2ND FLOOR, CUNNINGHAM ROAD ABOVE KFC, NEXT TO FORTIS HOSPITAL Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 BENGALURU - 560 052. REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI RAVISHANKAR S SAMPRATHI, ADVOCATE FOR R2 V/O DTD. 06.08.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.02.2025 PASSED IN MVC No.886/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE ACJM, COURT OF SMALL CAUSES AND MEMBER, MACT-15, BENGALURU SCCH-15, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 05.02.2025 passed in MVC No.886/2023 by XIII Additional Small Causes Judge and Member of MACT-15, Bengalore (SCCH -15). 2. Even though the appeal is listed today for admission, it is taken up for disposal with consent of - 3 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 learned counsel for the appellant and learned counsel for respondent No.2 –insurer. 3. The appellant -claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 01.02.2021, contending that the accident occurred due to the rash and negligent driving of the driver of the car bearing registration No.KA-05/NF-2024. The Tribunal after recording evidence of the parties and appreciating evidence on record has assessed the compensation and awarded compensation under various heads as under: 1 Pain, shock & Suffering Rs.30,000/- 2 Los of amenities Rs.20,000/- 3 Loss of income during the laid up period Rs.32,000/- 4 Attendant’s charges, Extra diet, and conveyance Rs.18,000/- 5 Medical expenses Rs.1,25,200/- 6 Loss of Future Income Rs.1,84,320/- Total Rs.4,09,520/- 4. The Tribunal has also awarded interest at rate of 6% per annum from the date of petition till realisation - 4 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 and directed respondent No.2 –insurer to pay the award amount with interest. The appellant has filed the present appeal seeking enhancement of the compensation. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer. 6. Learned counsel for the appellant would contend that P.W.3 is doctor who examined the claimant and assessed the disability at 36.48% of the left upper limb and 12.16% of the whole body. The Tribunal has erred in taking the disability at 6%. The Tribunal has taken the income of the claimant at Rs.16,000/-. As per chart, the notional income fixed for the year 2023 is Rs.16,250/-. The compensation awarded for pain and suffering and loss of amenities are on lower side. The doctor has stated that the claimant has to undergo surgery for removal of implant and the Tribunal has not awarded anything towards future medical expenses. With this he prayed to allow the appeal. - 5 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 7. Learned counsel for respondent No.2 -insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement of compensation. With these, he prays to dismiss the appeal. 8. Having heard learned counsels, the Court has perused impugned judgment and award. 9. P.W.3 is doctor who has examined the claimant and assessed his disability at 36.48% of the left upper limb and 12.16% to the whole body. The disability of the whole body is to be taken as 1/3rd of that particular limb which comes to 12%. Therefore, disability will be taken at 12% as against 6% as taken by the Tribunal. The Tribunal has taken the income of the claimant at Rs.16,000/-. As per chart, the notional income for the year 2023 is Rs.16,250/- and the said income is to be taken. The Tribunal has rightly applied multiplier 16. In view of the above, the loss of future income is calculated as under: Rs.16,250/- x12x16x12% = Rs.3,74,400/- - 6 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 10. Considering the injuries sustained by the claimant i.e., swelling, tenderness and deformity with abnormal mobility over left at middle 1/3, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.30,000/- and loss of amenities in a sum of Rs.20,000/- are just and proper. The Tribunal has awarded loss of income during laid up period for 02 months. Since the income of the claimant is taken at Rs.16,250/-, the claimant is entitled to loss of income during laid up period for 02 months in a sum of Rs.32,500/- as against Rs.32,000/- as awarded by the Tribunal. The Tribunal has rightly awarded attendant conveyance, food, nourishment etc., in a sum of Rs.18,000/- and also medical expenses in a sum of Rs.1,25,200/-. P.W.3 -doctor has stated that the claimant has to undergo surgery for removal of implants. Considering the said aspect, the claimant is entitled to future medical expenses in a sum of Rs.30,000/-. In view - 7 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 of the above, the claimant is entitled to compensation under various heads as under: 1 Pain and Suffering Rs.30,000/- 2 Los of amenities Rs.20,000/- 3 Loss of income during the laid up period Rs.32,500/- 4 Attendant’s charges, Extra diet, and conveyance Rs.18,000/- 5 Medical expenses Rs.1,25,200/- 6 Loss of Future Income Rs.3,74,400/- 7 Future medical expenses Rs.30,000/- Total Rs.6,30,100/- 11. The claimant is entitled to total compensation of Rs.6,30,100/- as against Rs.4,09,520/- as awarded by the Tribunal. Consequently, the claimant is entitled to enhanced compensation of Rs.2,20,580/- with interest at the rate of 6% per annum from the date of petition till reliasation. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest to the claimant. 12. In view of the above, the following ORDER i) The appeal is allowed in part. - 8 - HC-KAR CNR: KAHC010311252025 NC: 2026:KHC:39163 MFA No. 3611 of 2025 ii) The appellant –claimant is entitled to enhanced compensation of Rs.2,20,580/- with interest at the rate of 6% per annum from the date of petition till reliasation. iii) Respondent No.2 -insurer shall deposit the enhanced compensation 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. iv) The claimant is entitled to release of entire enhanced compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 51 Ct.sm