- 1 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 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. 4316 OF 2026 (MV-I) BETWEEN: RAJA M., S/O. MUNISWAMY, AGED ABOUT 30 YEARS, R/AT NO.1/5, RAJANNA BUILDING, MUNESHWARA NURSERY, NEAR NIRANJAN APARTMENT, TAVAREKERE, BANGALORE SOUTH - 560 029. …APPELLANT (BY SRI. SREENIDHI P., ADVOCATE) AND: 1. RAMESH KUMAR B. S/O. RAJAGOPAL, R/AT NO.323, 22ND WARD, 1ST CROSS, BELLARY ROAD, J P NAGAR, HOSAPETE TALUK - 583 201. 2. THE REGIONAL MANAGER NATIONAL INSURANCE CO. LTD., NO.144, SUBARAM COMPLEX, NEAR CHANDRIKA HOTEL, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; VIDE ORDER DATED 23.06.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 22/11/2024 PASSED IN MVC NO.5491/2023 ON THE FILE OF II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-13), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 22.11.2024 passed in MVC No.5491/2023 by II Additional Judge and ACJM, Court of Small Causes and MACT, Bengaluru (SCCH-13). 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained - 3 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 by him in a road traffic accident occurred on 31.03.2023 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-34-B-5989. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future earnings Rs. 2,28,480/- 2. Pain and Sufferings Rs. 20,000/- 3. Loss of amenities Rs. 20,000/- 4. Medical expenses Rs. 3,13,112/- 5. Future medical expenses Rs. 15,000/- 6. Conveyance & Attendant charges Rs. 10,000/- 7. Loss of income during Laid up period and rest period Rs. 16,000/- Total Rs. 6,22,592/- 5. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay - 4 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, the claimant has sustained fracture of left femur and he was a Mason and it affected his work as a Mason. P.W.2 - Doctor who examined the claimant and assessed his disability at 40% of left lower limb and 20% to the whole body. The Tribunal has erred in taking the disability at 5% to the whole body. Considering the injury sustained, the compensation awarded towards pain and sufferings, loss of amenities, loss of income during laid up period and future medical expenses are on lower side. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, P.W.2 - Doctor is not a treated Doctor - 5 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 and considering the same, the Tribunal has rightly taken the disability at 5% and the compensation awarded by the Tribunal under other heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. 10. The accident occurred on 31.03.2023 and as on the date of accident, the claimant was aged about thirty (30) years and his avocation is Mason. P.W.2 - Doctor who examined the claimant and assessed his disability and stated that the disability is at 40% to the left lower limb and 20% to the whole body. The Tribunal has taken the disability at 5% to the whole body. Considering the avocation of the claimant as a Mason and the injury sustained by him, the disability is to be taken at 12% to the whole body. - 6 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 11. The Tribunal has taken the notional income at Rs.16,000/- per month. As per the chart prepared by the Karnataka State Legal Services Authority, the notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. 12. The Tribunal has added 40% future prospects. Learned counsel for the appellant placed reliance on the decision of Hon'ble Apex Court in the case of RAJENDRA CHAKRAWARTI vs. DINESH KUMAR YADAV & ANOTHER in Civil Appeal arising out of SLP (C) NO.20469/2025. In the said decision, the Hon'ble Apex Court has awarded future prospects where it has taken disability at 10%. Considering the said aspect, the future prospects taken by the Tribunal is proper. Considering the age of claimant as thirty (30) years, he is entitled to future prospects at 40%. - 7 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 13. The Tribunal has rightly taken the multiplier '17' considering the age of the claimant as thirty (30) years. In view of the same, loss of future income is calculated as under: Rs.16,250/- + 40% (Rs.6,500/-) = Rs.22,750/- X 12 X 17 X 12% = Rs.5,56,920/- 14. Considering the fact that the claimant has sustained fracture on left femur, the compensation awarded by the Tribunal for pain and sufferings in a sum of Rs.20,000/- requires to enhanced to Rs.30,000/-. The compensation awarded for loss of amenities, medical expenses and attendant and conveyance charges is just and proper. 15. The Tribunal has awarded loss of income during laid up period for one month. Considering the injury sustained, the claimant has to take rest atleast for two months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.32,500/- (Rs.16,250/- X 2). - 8 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 16. The claimant has to undergo operation for removal of implants. The Tribunal has only awarded Rs.15,000/- towards future medical expenses. P.W.2 - Doctor has stated that the cost of removal of implants is about Rs.40,000/-. Considering the said aspect, the claimant is entitled to a sum of Rs.30,000/- for future medical expenses as against Rs.15,000/- awarded by the Tribunal. 17. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future income Rs. 5,56,920/ 2. Pain and Sufferings Rs. 30,000/- 3. Loss of amenities Rs. 20,000/- 4. Medical expenses Rs. 3,13,112/- 5. Future medical expenses Rs. 30,000/- 6. Conveyance & Attendant charges Rs. 10,000/- 7. Loss of income during Laid up period and rest period Rs. 32,500/- Total Rs. 9,92,532/- - 9 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 18. The claimant is entitled to total compensation of Rs.9,92,532/- as against Rs.6,22,592/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. The claimant is not entitled to interest on future medical expenses of Rs.30,000/-. 19. Consequently, the claimant is entitled to enhanced compensation of Rs.3,69,940/- (Rs.9,92,532/- - Rs.6,22,592/-) with interest at the rate of 6% per annum from the date of petition till realization excluding the interest on future medical expenses. 20. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 21. The claimant is not entitled to interest for the delay period of 456 days in filing the appeal as per the order dated 28.07.2026. 22. In view of the above, the following: - 10 - HC-KAR CNR: KAHC010394812026 NC: 2026:KHC:39525 MFA No. 4316 of 2026 ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.3,69,940/- with interest at the rate of 6% per annum from the date of petition till realisation excluding the interest on Rs.30,000/- awarded towards future medical expenses. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest. v) The appellant/claimant is not entitled to interest for the delay period of 456 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 29