- 1 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7641 OF 2025 (MV-I) BETWEEN: SHRI SWAMY S/O. LATE MAHADEVAPPA AGED ABOUT 39 YEARS R/A.No.148, CHAVADI BEEDI PUTTEGOWDANAHUNDI VILLAGE DODDAGERE POST, VARUNA HOBLI MYSURU TALUK AND DISTRICT-570 010. …APPELLANT (BY SRI SANATH KUMARA K.M, ADVOCATE) AND: 1. SHRI HEMANTH KUMAR H S S/O SHEKHARAPPA AGED ABOUT 42 YEARS R/A.HOSAKOTE VILLAGE NANJANAGUDU TALUK MYSORE DISTRICT. PIN – 571 301. 2. THE DIVISIONAL MANAGER MAGMA HDI GENERAL INSURANCE CO. LTD. No.36, J. C. ROAD MINERVA CIRCLE HM JOURNALIST COLONY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 KASALIPALYA BENGALURU-560 002. SARASWATHIPURAM MYSURU-570 009. …RESPONDENTS (BY SRI S V HEGDE MULKHAND, ADVOCATE FOR R2 V/O DTD. 09.01.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:19.02.2025 PASSED IN MVC No.943/2023 ON THE FILE OF THE PRINCIPAL SMALL CAUSES AND SENIOR CIVIL JUDGE AND MACT, MYSURU, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 19.02.2025 passed in MVC No.943/2023 by the Principal Small Causes and Senior Civil Judge and MACT, Mysuru. - 3 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2/insurer. 3. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 14.04.2023 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-09-JD-2161. The Tribunal after recording the evidence, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards Pain and suffering 25,000.00 02. Towards Medical expenses 72,900.00 03. Towards diet, food, nourishment, attendant and conveyance charges 20,000.00 04. Towards loss of future earning capacity 2,30,400.00 05. Loss of income during laid up period 48,000.00 06. Towards loss of amenities 15,000.00 - 4 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 07. Towards future medical expenses 20,000.00 Total 4,31,300.00 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2 –insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 6. Learned counsel for appellant would contend that claimant has sustained fracture of tibia and fibula of the left leg and puncture wound abrasions at distal of the left lower limb. PW.2 – Doctor who examined the claimant assessed disability to the lower limb at 34.8% and Tribunal erred in taking disability to the lower limb at 24% and disability to the whole body at 8%. The notional income for the year 2023 is Rs.16,250/- and Tribunal has taken Rs.16,000/- p.m. The compensation awarded for - 5 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 pain and suffering, loss of amenities and future medical expenses are on lower side. With this he prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that the Tribunal has rightly considered the evidence of Doctor and rightly taken the disability to the whole body at 8%. The compensation awarded under all heads is just and proper and there are no grounds for enhancement. 8. Having heard the learned counsels, the Court has perused the judgment, award and trial Court records. 9. As per Ex.P5, wound certificate the claimant has sustained fracture of tibia and fibula of left leg and puncture wound abrasions at distal of left lower limb. PW.2 is the Doctor who has treated the claimant and examined him and assessed his disability and stated that disability to the left lower limb is 34.8%. The Tribunal without any reason has taken the disability of left lower - 6 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 limb at 24% and whole body at 8%. The disability to the whole body is to be taken at 1/3rd of particular limb. Therefore, the disability to the whole body is to be taken at 11%. The notional income as per the chart prepared by the Karnataka State Legal Services Authority for the year 2023 is Rs.16,250/- and the same has to be taken as against Rs.16,000/- taken by the Tribunal. The Tribunal has rightly applied multiplier ‘15’. In view of the above, the loss of future income is calculated as under: Rs.16,250 x 12 x 15 x 11% = Rs.3,21,750/- 10. Considering the injuries sustained by the claimant noted supra, the compensation awarded by the Tribunal for pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.80,000/- and loss of amenities awarded in a sum of Rs.15,000/- requires to be enhanced to Rs.50,000/-. The Tribunal has awarded loss of income during laid up period for three months at Rs.48,000/- Now that the income is taken at Rs.16,250/-, - 7 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 the compensation towards loss of income during laid up period would be Rs.48,750/- (Rs.16,250 x 3 months) as against Rs.48,000/- awarded by the Tribunal. The claimant has to undergo surgery for removal of implant. Considering the same, the compensation awarded towards future medical expenses in a sum of Rs.20,000/- requires to be enhanced to Rs.30,000/-. The compensation awarded towards medical expenses and food, nourishment, attendant and conveyance charges are just and proper. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards Pain and suffering 80,000.00 02. Towards Medical expenses 72,900.00 03. Towards diet, food, nourishment, attendant and conveyance charges 20,000.00 04. Towards loss of future earning capacity 3,21,750.00 05. Loss of income during laid up period 48,750.00 06. Towards loss of amenities 50,000.00 07. Towards future medical expenses 30,000.00 Total 6,23,400.00 - 8 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 11. Considering the above aspects, the claimant is entitled to total compensation of Rs.6,23,400/- as against Rs.4,31,300/- with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.1,92,100/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. 13. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,92,100/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest within a period of six weeks from this day. - 9 - HC-KAR CNR: KAHC010669812025 NC: 2026:KHC:40464 MFA No. 7641 of 2025 iv) Appellant / claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 48 Ct.sm