- 1 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6430 OF 2017 (MV-I) BETWEEN: SRI. SHANNAPPA @ SHARANAPPA S/O SRI.HANUMANTHA, AGED ABOUT 45 YEARS, OCC: MECHANIC R/AT NO.215, BEHIND CHETANA THEATRE, 6TH CROSS, RAJANNA COLONY NAGAVARAPALYA, BENGALURU-560 093. …APPELLANT (BY SRI. SURESH M LATUR., ADVOCATE) AND: 1. SRI.GANNEPUREDDY LAKSHMINARAYANA S/O GANNEPUREDDY RAMAKRISHNA, R/AT NO.16-630-1, RAMALAYAM STREET MADANAPALLI, CHITTOOR, ANDHRA PRADESH-517 325. 2. THE MANAGER SRIRAM GENERAL INS CO. LTD., 3RD FLOOR, MONARCH CHAMBERS, INFANTRY ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA., ADVOCATE FOR R2, V/O DTD:11.12.2017 NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 14.06.2017 PASSED IN MVC NO.4910/2016 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, COURT OF SMALL CAUSES, M.A.C.T., BENGALURU(SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING 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 14.06.2017 passed in MVC No.4910/2016 on the file of the III Additional Senior Civil Judge, Court Of Small Causes, M.A.C.T., for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 06.07.2016 and filed claim petition claiming compensation - 3 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,14,000/- along with interest at the rate of 9% per annum from the date of petition till the date of deposit. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the Tribunal granted meager amounts under the other heads. The petitioner was admitted in the hospital and the doctor assessed the permanent physical disability as 42% to the left lower limb and 21% to the whole body. He was aged 44 years, working as a mechanic and earning Rs.21,000/- per month. Therefore, requested for enhancement of the compensation. 5. Heard the arguments of both sides. 6. Learned counsel for respondent stated that the Tribunal rightly considered all the aspects and granted reasonable amount. Therefore, it is to be confirmed. - 4 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 7. Though petitioner stated that he was earning Rs.21,000/- per month, he has not filed any income proof. As he met with an accident in the year 2016, this court finds that it is just and reasonable to take his notional income as Rs.9,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 44 years and the relevant multiplier is ‘14’. The petitioner filed Ex.P10/Medical evidence, Ex.P4/wound certificate, Ex.P6/discharge summary, and also filed Ex.P13/case sheet. Apart from that also examined doctor as PW2, he is an orthopedic surgeon and he stated that the petitioner sustained closed fracture shaft (left) femur, and underwent surgery in the form of CRIF with ILN Femur under SAB on 07.07.2016. The doctor verified wound certificate, discharge summary, patient's X-rays to assess disability and the injuired complained pain and difficulty in walking, climbing stairs, to squat and sit cross legged. He walks with pain and limping, wasting of (left) lower limb is seen. Surgical scars seen over the (left) Hip and Thigh. - 5 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 As per the recent X-ray, united fracture with implants in situ. Therefore, he assessed the disability of left lower limb as 42% and that of the whole body as 21%. It is further stated that the petitioner is a coolie and the disability comes in the way of his working. He requires another surgery for removal of implant and estimated cost of the same is Rs.25,000/-. Therefore, this Court finds that it is just and reasonable to take 1/3rd of 42% disability which comes to 14%. Hence, loss of future earning capacity comes to Rs.9,500 x 12 x 14 x 14% = Rs.2,23,440/-. He was admitted in the hospital for a period of 16 days. Considering the nature of injuries, his occupation, period of hospitalization and other relevant factors, this court finds that it is just and reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 3 months. Therefore, an amount of Rs.28,500/- is to be - 6 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 granted under the head loss of income during laid-up period. Tribunal already granted Rs.6,000/- towards medical expenses and Rs.20,000/- is to be granted towards future medical expenses. Hence, the compensation granted by tribunal is enhanced from Rs.3,14,000/- to Rs.3,82,940/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 2,23,440 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 28,500 6 Medical expenses 6,000 7 Future medical expenses 20,000 Total 3,82,940 - 7 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 14.06.2017 passed in MVC No.4910/2016 on the file of the III Additional Senior Civil Judge, Court Of Small Causes, M.A.C.T, is modified. i. The claimant is entitled to a sum of Rs.3,82,940/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,14,000/- granted by the tribunal. ii. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed - 8 - HC-KAR CNR: KAHC010395042017 NC: 2026:KHC:39265 MFA No. 6430 of 2017 to deposit the enhanced compensation of Rs.68,940/- along with the interest at the rate of 6% within one month from the date of this order. iii. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 71