- 1 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 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. 7645 OF 2025 (MV-I) BETWEEN: SRI. NAGARAJA GOWDA S/O LATE BOMMEGOWDA, AGED 60 YEARS, AGRICULTURIST, R/O HANSE VILLAGE, EACHALABEEDU POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 137. …APPELLANT (BY SRI. SREENIDHI P, ADVOCATE) AND: 1. SRI. N.N. GURUPRASAD S/O LATE N.K NATARAJU AGED 25 YEARS, R/O NANDIPURA VILLAGE, EACHALABEEDU POST, SAKALESHPURA TALUK, HASSAN DISTRICT - 573 137. 2. ICICI LOMBARD GENERAL INSURANCE CO. LTD., POLICY NO.3005/RF13593272/00/000 NOW OFF. AT NO.121, DICKENSON ROAD Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 BENGALURU - 42, REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.09.2022 PASSED IN MVC NO.138/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, SOMAWARPET, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 26.09.2022 passed in MVC No.138/2020 on the file of the Senior Civil Judge, Somawarapete, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 2. Heard the arguments of the learned counsel for the appellant and the learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per the Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 29.10.2019 and filed a claim petition claiming compensation of Rs.54,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.14,41,334/- 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 agriculture and earning Rs.20,000/- per month. It is further contended that the Tribunal has granted meagre amounts under other heads and that the rate of interest granted at 6% p.a., which is on the lower side and thus, requested for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 4. Though it is stated that the petitioner was earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2019, this Court finds it reasonable to take his notional income as Rs.14,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 55 years and the multiplier applicable is 11. 5. Ex.P6 to Ex.P8 are the discharge summaries and Ex.C1 to Ex.C7 are the case sheets. The petitioner examined the doctor as CW1, who stated that the petitioner sustained the following injuries which are grievous in nature: a) Right femur shaft fracture b) Right leg both bone fracture c) Right calcaneum fracture. The doctor further stated that the petitioner was admitted in the hospital for a period of 40 days as per the - 5 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 discharge summary. The petitioner was diagnosed to have S/PIML nailing for right femur shaft fracture and right leg both bone fracture with wound debridement for CC screw for calcaneum and later he underwent plastic surgery and also underwent flap division and cystolithoplexy. It is stated that the petitioner has pain in bearing weight on the right lower limb and used a walking aid. He has difficulty in walking for long distances, standing for long duration and climbing stairs. He has difficulty in sitting cross legged and not able to squat. He has assessed the total disability at 60% for right lower limb and for whole body disability at 20%. The Tribunal considering the medical evidence, has already taken the whole body disability at 20% for the purpose of calculation and it needs no interference. The petitioner is aged 55 years, therefore he is entitled for future prospects at the rate of 10%. Accordingly, the loss of future earning capacity comes to Rs.4,06,560/- (Rs.14,000 + 10% x 12 x 11 x 20%). The petitioner incurred Rs.8,55,734/- towards - 6 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 medical expenses and the Tribunal already granted the said amount and it is confirmed. The petitioner was hospitalized for a period of 40 days. Therefore, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities, Rs.60,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of six months, therefore, Rs.84,000/- (Rs.14,000/- x 6) is granted towards loss of income during laid up period. CW1 stated that the petitioner requires another surgery for removal of implant and estimated the cost of surgery as Rs.50,000/- The Tribunal has already granted the said amount and it is confirmed. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.16,06,294/- 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 26.09.2022 passed in MVC No.138/2020, by Senior Civil Judge, Somawarapete, is modified; Particulars Amount in Rs. Loss of future earning capacity 4,06,560 Pain and suffering 1,00,000 Loss of amenities 50,000 Transportation, extra nourishment and attendant charges 60,000 Medical expenses 8,55,734 Loss of income during laid up period 84,000 Future Medical Expenses 50,000 Total 16,06,294 - 8 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 iii. The claimant is entitled to a sum of Rs.16,06,294/- along with interest at 6% p.a., instead of Rs.14,41,334/- 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 No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,64,960/- 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. - 9 - HC-KAR NC: 2026:KHC:18610 MFA No. 7645 of 2025 vi. The claimant is not entitled for interest for the delayed period of 1017 days as per the order on I.A.No.1/2025 dated 06.04.2026. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 25