- 1 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 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. 6410 OF 2017 (MV-I) BETWEEN: RAMESH S S/O SIDDAIAH R/A C/O JANARDHANA REDDY RAMAIAH LAYOUT, VINAYAKA NAGAR HEBBAGODI, ANEKAL TALUK BANGALORE CITY AS PER VOTER ID ADDRESS: NO.67, TERAMBALLI KOLLEGALA TALUK CHAMARAJANAGAR DISTRICT …APPELLANT (BY SRI. SHRIPAD V SHASTRI ., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD., 5TH & 6TH FLOOR, KRUSHIBHAVAN BUILDING, HUDSON CIRCLE BANGALORE-01 (INSURER OF OFFENDED VEHICLE HONDA ACTIVA BEARING NO.MP-04-SB-167) 2. MS. AKANSHA SAHU D/O SHRI UDAY SASHU INDRA GIRLS HOSTEL BU BHOPAL MADHYA PRADESH-462 001 (RC OWNER CUM LADY RIDER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 OF OFFENDED VEHICLE HONDA ACTIVA BEARING NO.MP-04-SB-167) …RESPONDENTS (BY SRI. L. SREEKANTA RAO., ADVOCATE FOR R1, V/O DTD: 08.12.2023 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.06.2017 PASSED IN MVC NO.3406/2015 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER M.A.C.T., BENGALURU. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL 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 02.06.2017 passed in MVC No.3406/2015 on the file of the XXII Additional Small Causes Judge and XX A.C.M.M. and MEMBER M.A.C.T., Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. - 3 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant met with an accident on 06.03.2014 and filed claim petition claiming compensation of Rs.8,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.2,09,700/- along with interest at the rate of 8% per annum from the date of petition till the date of realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he was inpatient for 4 days and he had sustained fracture injuries which are grievous in nature. But the Tribunal has granted only meager amounts under the other heads. Therefore, requested for enhancement of the compensation under the other heads. The Tribunal assessed the disability as 41% to the limb, but the Tribunal has taken only 7% functional disability and that the income taken is also on lower side. - 4 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 5. It is also stated that the petitioner requires another surgery for removal of the implants and estimated cost is Rs.30,000/-. But the said amount is not granted. The Tribunal ought to have granted more compensation for future medical expenses. Therefore, requested for enhancement of the compensation. Though petitioner stated that he was a watch mechanic at Times Corner Shop and earning Rs.20,000/- per month he has not filed any income proof. As he met with an accident in 2014, this court finds that it is just and reasonable to take his notional income as Rs.8,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 45 years and the relevant multiplier is ‘14’ . The petitioner filed Ex.P7/wound certificate, Ex.P8/discharge summary and also Ex.P13/Case sheet. He also examined doctor as PW2. PW2 is an orthopedic surgeon. He stated that petitioner sustained fracture of left knee proximal lateral condyle. The petitioner complains of pain in the left knee, weakness of left lower limb, stiffness in the knee, - 5 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 unable to climb stairs, unable to sit cross leg and squat and run fast. The doctor assessed the limb disability as 41% and whole body disability as 13.6%. Further stated that he requires another surgery for removal of implants and cost of the surgery is Rs.30,000/- approximately. Therefore, this court finds that it is just and reasonable to take 1/3 of 41% i.e. 14% for the purpose of calculation. Therefore, loss of future earning capacity comes to Rs.8,500 x 12 x 14 x 14% = Rs.1,99,920/-. He was admitted in the hospital as an inpatient for 4 days. Considering the age, nature of injuries, period of hospitalisation 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.30,000/- for loss of amenities, and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, Rs.8,500 x 3 = Rs.25,600/- under the head loss of income during laid-up period. The - 6 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 Tribunal already granted an amount of Rs.34,603/- towards medical expenses and it is confirmed. He is also entitled for Rs.20,000/- towards future medical expenses. 6. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 1,99,920 2 Pain and suffering 50,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant charges. 30,000 5 Loss of income during laid down period 25,600 7 Medical expenses 34,603 8 Future medical expenses 20,000 Total 3,90,123 - 7 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 Hence, the compensation granted by tribunal is enhanced from Rs.2,09,683/- to Rs.3,90,123/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 02.06.2017 passed in MVC No.3406/2015 on the file of the XXII Additional Small Causes Judge and XX A.C.M.M. and MEMBER M.A.C.T., Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.3,90,123/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,09,683/- granted by the tribunal. - 8 - HC-KAR CNR: KAHC010395502017 NC: 2026:KHC:39263 MFA No. 6410 of 2017 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.1,80,440/- along with the interest at the rate of 6% within one month from the date of this order. v. 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.: 70