- 1 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 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. 3613 OF 2024 (MV-I) BETWEEN: SRI. T. RAMACHANDRA NAIDU S/O LATE SANKARAIAH AGED ABOUT 50 YEARS RF/AT NO. 1-115, MOGILI BANGARUPALEM, CHITTOOR ANDHRA PRADESH - 517 429. …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S. RELIANCE GENERAL INSURNACE CO., LTD., BY ITS MANAGER MOTOR CLAIMS HUB, NO. 28, 5TH FLOOR, CENTENARY BUILDING, EAST WING, NEAR CITI BANK M.G. ROAD, BENGALURU - 560 001. 2. SRI. SHAKIL S/O SHAFIULLA, RATHNAPURI VILLAGE AND POST, HUNSUR TALUK, MYSORE DISTRICT - 571 189. …RESPONDENTS (BY SRI. MALATHI T.N, ADVOCATE FOR R1; R2 -SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.08.2023 PASSED IN MVC NO.2485/2022 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-21), 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 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 07.08.2023 passed in MVC No.2485/2022 on the file of the XVII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of both sides. The ranks of the parties are retained as per the Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 3. The petitioner/injured claimant met with an accident on 03.03.2022 and filed a claim petition claiming compensation of Rs.50,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.16,76,180/- 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 sustained grievous injuries and was admitted in the hospital as an inpatient for a period of 25 days and the Tribunal has granted meagre amounts under other heads. He was aged 48 years, working in a tyre puncture shop and earning Rs.3,000/- per day. The petitioner examined the doctor as PW2 and the doctor assessed the whole body disability at 21% but the Tribunal has taken only 13% disability and also, the interest is to be granted at the rate of 12%. 4. Learned counsel for respondent No.1 stated that fractures are already united and thus the Tribunal has - 4 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 rightly considered the disability as 14% and it needs no interference. The Tribunal has granted reasonable amounts under the other heads and it is to be confirmed. 5. Though the petitioner stated that he was earning Rs.3,000/- per day, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 48 years and the relevant multiplier applicable is 13. 6. Ex.P4 is the Wound Certificate, Ex.P9 to Ex.P11 are the Discharge Summaries. The petitioner also examined the doctor as PW2 and he stated that the petitioner sustained the following injuries and opined that the injury No.1 is grievous in nature and another injury is simple in nature. i) Crush injury to the right leg with compound fractures of both bones of the right leg. - 5 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 ii) Abrasion on the parietal region at the center of the head. Compound grade 3B, severely comminuted fracture of both bones at the middle third distal junction of the right leg with skin loss and 8 weeks following ankle spanning external fixator removal. The petitioner was treated with wound debridement and slab application, IMIL nailing of the right tibia, flap surgery with right ankle spanning external fixator application, SSG to the right thigh. He underwent multiple limb reconstruction surgery, internal fixation of the tibia with a microvascular gracilis muscle flap to the right leg and split skin and grafting right leg in March 2022. He also underwent tibiofibular bone grafting on the right side, removal of the ankle spanning external fixator and below knee slab application right side surgery. The doctor assessed the total physical disability of the right lower limb as 62% and that of the whole body as 21% and also stated that the petitioner requires another surgery for removal of the implant and estimated the cost of the surgery as Rs.60,000/-. This Court finds it reasonable to take the disability as one-third of 62% ie., 21% instead of - 6 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 14% taken by the Tribunal. As the disability is more than 20%, the petitioner is entitled for future prospects as per the citation reported in MFA No.103807/2016 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others. The petitioner was aged 48 years and he is entitled for 25% towards future prospects. Accordingly, the loss of future earning capacity comes to Rs.15,500 + 25% x 12 x 13 x 21% = Rs.6,34,725/-. The petitioner incurred Rs.12,06,660/- towards medical expenses as per the relevant documents and the Tribunal has also granted the said amount and it is confirmed. He was hospitalized for a period of 25 days. Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.60,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of four - 7 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 months. Therefore Rs.62,000/- (Rs.15,500 x 4) is granted under the head loss of income during laid-up period. The petitioner is also entitled for Rs.40,000/- towards future medical expenses. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.21,53,385/- along with interest at the rate of 6% p.a. Particulars Amount in Rs. Loss of future earning capacity 6,34,725 Pain and suffering 1,00,000 Loss of amenities 50,000 Transportation, extra nourishment and attendant charges 60,000 Medical expenses 12,06,660 Loss of income during laid up period 62,000 Future Medical Expenses 40,000 Total 21,53,385 - 8 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.08.2023 passed in MVC No.2485/2022, by XVII Additional Judge, Court of Small Causes and Member, MACT, Bengaluru, is modified; iii. The claimant is entitled to a sum of Rs.21,53,385/- along with interest at 6% p.a as from the date of petition till the date of realization, instead of Rs.16,76,180/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of - 9 - HC-KAR NC: 2026:KHC:18607 MFA No. 3613 of 2024 Rs.4,77,205/- along with the interest at the rate of 6% within one month from the date of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The appellant is not entitled for interest for the delay period of 206 days as per the order on I.A.No.1/2024 dated 04.09.2025. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 49