- 1 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.6820 OF 2015(MV-I) BETWEEN: SRI. PRAVEEN S/O GANGADHAR, AGED ABOUT 24 YEARS R/AT GOLLARA HOSAHALLI, KASABA HOBLI, CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573 201. …APPELLANT (BY SRI. SATHISH KUMAR, ADVOCATE) AND: 1. SRI. NAGESH G.N. S/O NANJEGOWDA, MAJOR, R/AT GOLLARA HOSAHALLI VILLAGE, KASABA HOBLI, CHANNARAYAPATNA TALUK - 573 202 (OWNER OF HERO HONDA BIKE BEARING NO. KA-13-Y-8595) 2. THE DIVISIONAL MANAGER NATIONAL INS. CO. LTD., HERO HONDA VERTICAL 101 106 BMC HOUSE NI, CONNAUGHT PLACE, NEW DELHI - 110 001 (INSURANCE OF MOTAR BIKE) REPRESENTED BY: Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 THE BRANCH MANAGER NATIONAL INS.CO. MANJUNATESHWARA COMPLEX, BUS STAND ROAD, HASSAN - 573 201 (POLICY ISSUED BRANCH) …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2015 PASSED IN MVC NO.852/2014 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT, ADDITIONAL MACT, AT CHANNARAYAPATNA, 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 Learned counsel for the appellant is absent. 2. Heard the arguments of the learned counsel for respondent No.2. Perused the record. Respondent No.1 has been served and remains unrepresented. 3. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 05.02.2015 - 3 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 passed in MVC No.852/2014 by the Court of the Additional Motor Accident Claims Tribunal, Channarayapatna (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. 4. The injured claimant met with an accident on 15.02.2014 and filed a claim petition seeking compensation of Rs.15,00,000/-. The Tribunal, upon considering the entire evidence on record, awarded compensation of Rs.2,21,320/- with interest at the rate of 6% per annum from the date of the petition till realization. 5. Aggrieved by the said judgment and award, the appellant preferred the present appeal, mainly contending that the Tribunal awarded meager amounts under the other heads. PW.2 stated that the claimant requires one more surgery for removal of the implants, but no amount was awarded towards future medical expenses, therefore appellant sought enhancement of the compensation. 6. Though appellant stated that he was doing agriculture and earning Rs.15,000/- per month, he has not - 4 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 filed any proof of income. As he met with an accident in 2014, this Court finds that it is just and reasonable to take the notional income at Rs.8,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 22 years, and the relevant multiplier is '18'. 7. The claimant has produced Ex.P.6 - Wound Certificate, Ex.P.44 - Discharge Summary, and Ex.P.45 - Case Sheet. In addition, he examined the doctor as PW.2, who deposed that the claimant had sustained the following injuries: i. Pain and swelling over the right thigh. ii. Abrasion over the right shoulder measuring 2 x 6cm. iii. Abrasion over the right forearm. iv. Pain and swelling over the right wrist. X-ray of the right thigh revealed a fracture, and Injury No.1 was opined to be grievous in nature. The claimant underwent surgical treatment. PW.2 further - 5 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 stated that, upon radiological examination, the fracture had malunited with implants in situ and assessed the permanent functional disability at 31%. He also deposed that the claimant would require another surgery for removal of the implants, the estimated cost of which would be between Rs.35,000/- and Rs.40,000/-. Therefore, this Court considers it just and reasonable to take one-third of 31% as 10% and the loss of future earning capacity comes to Rs.8,500/- × 12 × 18 × 10% = Rs.1,83,600/-. 8. The appellant was admitted in the hospital as an inpatient for a period of 10 days. Considering his occupation, the period of hospitalization, the nature of the injuries and the other relevant factors, this Court finds it just and reasonable to award Rs.40,000/- towards pain and suffering, Rs.20,000/- towards loss of amenities and Rs.30,000/- towards transportation, nourishment and attendant charges. The appellant might not have attended - 6 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 to any work for a period of at least two months due to the injuries sustained in the accident. Therefore, Rs.17,000/- (2 months × Rs.8,500/-) is awarded under the head of loss of income during the laid-up period. 9. The Tribunal has already granted Rs.50,000/- towards medical expenses and Rs.15,000/- towards future medical expenses and the said amounts are confirmed. 10. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 1,83,600.00 Pain and suffering 40,000.00 Loss of amenities 20,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expenses 50,000.00 Loss of income during laid up period 17,000.00 Future medical expenses 15,000.00 Total 3,55,600.00 - 7 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.3,55,600/- as against Rs.2,21,320/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,34,280/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.02.2015 passed in MVC No.852/2014, by the Court of the Additional Motor Accident Claims Tribunal, Channarayapatna, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,34,280/-. (Rs.3,55,600/- minus Rs.2,21,320/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR CNR: KAHC010421082015 NC: 2026:KHC:40258 MFA No. 6820 of 2015 iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, it is directed to deposit the enhanced compensation of Rs.1,34,280/- with interest rate of 6% per annum within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 11