- 1 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1145 OF 2024 (MV-I) BETWEEN: SRI NAGARAJU S/O LATE RANGASWAMY AGED ABOUT 40 YEARS R/O MOCHI COLONY, PENSION MOHALLA WARD No.22 HASSAN CITY, HASSAN, DISTRICT-573 201. …APPELLANT (BY SMT. KAVITHA H C, ADVOCATE) AND: 1. SMT. KURSHID W/O SHKABBA HOUSE No.305, 2ND BLOCK KATIPALYA SURATKAL, MANGALORE CITY. SOUTH CANARA DISTRICT-575 005. 2. MANAGER S.B.I GENERAL INSURANCE CO. LTD., NATARAJ, 301, JUNCTION OFF WESTERN EXPERESS HIGH WAY AND ANDERI KURLA ROAD, ANDERI (EAST) MUMBAI-400 069. …RESPONDENTS (BY SRI MALLIKARUNA REDDY N A, ADVOCATE FOR Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 15.06.2026 NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:08.12.2023 PASSED IN MVC No.15/2022 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL M.A.C.T, HASSAN, 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 08.12.2023 passed in MVC No.15/2022 by III Additional District Judge and Member Additional MACT, Hassan. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 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 06.08.2021, contending that the accident occurred due to the rash and negligent driving of the driver of the car bearing registration No.KA-19/MD-9097. 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: Heads of compensation Amount 1. Pain and sufferings 20,000-00 2. Medical Expenses, Attendant and other Incidental expenses 25,000-00 3. Loss of Future Income 1,44,000-00 4. Loss of Income during laid off period 10,000-00 5. Loss of future happiness and amenities 10,000-00 6. Future medical expenses 3,000-00 Total 2,12,000-00 4. The Tribunal has also awarded interest at rate of 6% per annum from the date of petition till realisation and directed respondent No.2 –insurer to pay the award - 4 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 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 the claimant has sustained fracture of shaft of right humorous and other simple injuries. Considering the same, the compensation awarded for pain and suffering and loss of amenities are on lower side. The claimant has been admitted in hospital for 11 days. Considering the same, the medical expenses, attendant and conveyance charges are on lower side. The Tribunal has taken the income of the claimant at Rs.10,000/-. But as per chart prepared by Karnataka State Legal Services Authority, the notional income fixed for the year 2021 is Rs.15,000/- and the said income is to be taken. The claimant has to undergo surgery for removal of implants. Considering the same, future medical expenses awarded - 5 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 are on lower side. The Tribunal has only awarded loss of income during laid up period for 01 month and it requires to be enhanced. With these, he prays to allow the appeal. 7. Learned counsel for respondent No.2 would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement of compensation. 8. Having heard learned counsels, this Court has perused impugned judgment, award and trial Court records. 9. P.W.2 is doctor who has examined the claimant and he has stated that the claimant has sustained injuries namely shaft humorous middle 1/3rd right, laceration over lower limb and abrasion over face, nose and left wrist. He has also assessed the disability at 24% of the right upper limb. Considering the said aspect, the Tribunal has rightly taken disability at 8% to the whole body. - 6 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 10. The Tribunal has taken the income of the injured at Rs.10,000/-. But as per chart prepared by Karnataka State Legal Services Authority, the notional income fixed for the year 2021 is Rs.15,000/- and the said income is to be taken. The Tribunal has rightly applied multiplier 15 considering the age of the claimant as 40 years. In view of the above, loss of the future income is calculated as under: Rs.15,000/-x12x15x8% =2,16,000/-. 11. Considering the injury sustained by the claimant noted supra, the compensation awarded for pain and suffering by the Tribunal in a sum of Rs.20,000/- requires to be enhanced to Rs.50,000/- and loss of amenities awarded in a sum of Rs.10,000/- requires to be enhanced to Rs.30,000/-. The claimant has been admitted in the hospital for 11 days and considering the injuries sustained by him, he has to take rest at least for 02 months and therefore, claimant is entitled to loss of - 7 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 income during laid up period for 02 months in a sum of Rs.30,000/- (Rs.15,000/- x 2) as against Rs.10,000/- as awarded by the Tribunal. The Tribunal taking into consideration, the medical expenses and the expenses incurred by him towards attendant and conveyance charges has rightly awarded a sum of Rs.25,000/-. The doctor has stated that the claimant has to undergo surgery for removal of implant. The Tribunal has awarded Rs.3,000/- towards future medical expenses. Considering the cost of removal of implant, claimant is entitled to Rs.30,000/- as against Rs.3,000/- as awarded by the Tribunal. The claimant is entitled to total compensation under various heads as under: Heads of compensation Amount 1. Pain and suffering 50,000/- 2. Medical Expenses, Attendant and other Incidental expenses 25,000/- 3. Loss of Future Income 2,16,000/- 4. Loss of Income during laid off period 30,000/- 5. Loss of amenities 30,000/- 6. Future medical expenses 30,000/- Total 3,81,000/- - 8 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 12. The claimant is entitled to total compensation of Rs.3,81,000/- as against Rs.2,12,000/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,69,000/- with interest at the rate of 6% per annum from the date of petition till realisation. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest. 13. In view of the above, the following ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.1,69,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2 -insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day. - 9 - HC-KAR CNR: KAHC010094152024 NC: 2026:KHC:39553 MFA No. 1145 of 2024 iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 42 Ct.sm