- 1 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 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. 7773 OF 2024 (MV-I) BETWEEN: SRI H C SREENIVASAMURTHY @SREENIVAS S/O. CHANNABASAVAIAH, AGED ABOUT 41 YEARS, R/O. G. HOSAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216 …APPELLANT (BY SRI. V B SIDDARAMAIAH., ADVOCATE) AND: 1. THE RELIANCE GENERAL INSURANCE CO LTD BRANCH OFFICE DARBAR SQUARE, 2ND FLOOR, RAMAMANDIRA ROAD, (BIJAPURA) VIJAYAPURA-586101 REP. BY ITS BRANCH MANAGER, 2. SRI. SHANKARA GOUDA BASANNA GOUDAR S/O. AMAREGOUDA, AGED ABOUT 54 YEARS R/O. A.P. GATTIGANURU, HUNUGUNDA TALUK, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 BAGALKOTE DISTRICT-587118 3. SRI. NAGARAJU S/O. JAVAREGOWDA, AGED ABOUT 54 YEARS R/O. SIDDRIHALLI VILLAGE, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT-577203 …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N A., ADVOCATE FOR SRI. B C SHIVANNE GOWDA.,ADVOCATE R2 SERVED V/O DATED 06.04.2026 NOTICE TO R3 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.12.2023 PASSED IN MVC NO. 654/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, GUBBI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 Motor Vehicles Act, 1988 challenging the judgment and award dated 12.12.2023 passed in MVC No.654/2020 on the file of the Additional Senior Civil - 3 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 Judge and Additional MACT, Gubbi, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 12.03.2020 and filed a claim petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,95,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the Tribunal has granted meager amount under the conventional heads. Therefore, requested for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 4. Learned counsel for respondent No.2–Insurance Company submitted that the Tribunal has already considered all the facts and awarded just and reasonable compensation, which needs no interference. 5. The petitioner/injured examined PW.2–doctor and he observed that the petitioner sustained fracture of both bones leg with knee dislocation, fracture both bones right leg. He underwent CRIF with IL Nail for left tibia, CR and K wire fixation for left knee and ORIF with buttress plate and DCP for right leg. He was readmitted for implant removal on 30.08.2021 and discharged on 02.09.2021. PW.2 further assessed permanent disability of the petitioner at 34% to the left lower limb and 34% to right lower limb as such, 22.66% of disability to the whole body. The Tribunal has taken 1/3rd of the said disability at 11% and it has to be set aside. The said injuries are grievous in nature. He has partial permanent disability of 34% to right lower limb and 34% to left lower limb which amounts to 22.66% of whole body. Further he needs PKR - 5 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 in future. Thus total disability of 68% and this Court finds it appropriate to take 1/3rd of the same at 23%. The petitioner/injured stated that he was doing agriculture and also working as cleaner and earning Rs.15,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2020, his notional income is to be taken at Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 35 years. If the disability is more than 20%, petitioner is entitled for future prospects as per the judgment in the case of New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022). Thus, considering the age of the petitioner, 40% of the income has to be added towards future prospects and thus the amount would become Rs.20,300/- per month (14,500+5800). The applicable multiplier is '16' as per the decision of the Hon'ble Apex Court in the case - 6 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 of Sarla Verma and others vs. Delhi Transportation and another1. 6. Accordingly, the loss of future earning capacity comes to Rs.8,96,448/- (Rs.14,500+40% × 12 × 16 × 23%). Exs.P3 and 4 are discharge summaries and Ex.P19 is the wound certificate which discloses that the petitioner was hospitalized for 14 days. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to award Rs.75,000/- 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 to any other work at least for a period of three months. Therefore, a sum of Rs.58,000/- (Rs.14,500 × 4) is awarded towards loss of income during the laid-up period. There is no dispute regarding 'medical expenses' granted by tribunal to an 1 2009(6) SCC page 121 - 7 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 extent of Rs.2,59,882/- and the said amount is confirmed. 7. Thus in all, compensation awarded by this Court is as below: 8. Thus, the appellant-claimant is awarded a total compensation of Rs.13,59,330/- as against the compensation awarded by the Tribunal at Rs.5,95,000/-. The appellant-claimant is therefore entitled for an enhanced compensation of Rs.7,64,330/- (Rs.13,59,330 – Rs.5,95,000), along with interest at 6% per annum Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 75,000/- 2. Towards loss of amenities 30,000/- 3. Towards transportation, extra nourishment and attendant charges 40,000/- 4. Towards loss of income during laid up period 58,000/- 5. Medical expenses 2,59,882/- 6. Towards loss of future earning capacity 8,96,448/- Total 13,59,330/- - 8 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 from the date of filing of the petition till deposit, in addition to what has been awarded by the Tribunal. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 12.12.2023 passed in MVC No.654/2020 on the file of Additional Senior Civil Judge and Additional MACT, Gubbi, is modified. iii. The claimant is entitled to a sum of Rs.7,64,330/- along with interest at 6% p.a., from the date of petition till the date of realization. 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 the enhanced compensation of - 9 - HC-KAR NC: 2026:KHC:18624 MFA No. 7773 of 2024 Rs.7,64,330/- 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 petitioner is not entitled for interest for delay period of 255 days as per order on I.A.No.1/2024 dated 06.04.2026. Sd/- (P SREE SUDHA) JUDGE SKS