- 1 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 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. 3794 OF 2024 (MV-I) BETWEEN: SRI. H.K. HANUMEGOWDA S/O KARIYAPPA, NOW AGED ABOUT 52 YEARS RESIDING AT NO.8/2 GOLLARAHATTI, G. HOSAHALLI MAIN ROAD VISHWANEEDAM POST MAGADI MAIN ROAD, BENGALURU - 560 091. PERMANENT ADDRESS K. HONNAMACHANAHALLI AMRUTHUR, TUMKUR DISTRICT - 572 111. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. GO DIGIT GENERAL INSURANCE COMPANY LTD., PIONEER ATLANTIS NO.94-95, 4TH B CROSS ROAD, 5TH BLOCK, KORAMANGALA BENGALURU - 560 095 BY ITS MANAGER. 2. MR. SRINIVASA H.C, S/O CHANNAIAH H.K, MAJOR (AGED OF R-2 NOT KNOWN TO APPELLANT) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 HANCHEEPURA VILLAGE AMRUTHUR HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 111. …RESPONDENTS (BY SRI. MURALIDHARA N, ADVOCATE FOR R1; R2 - SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2024 PASSED IN MVC NO.5068/2021 ON THE FILE OF THE COURT OF XXIV ADDITIONAL SMALL CAUSES JUDGE AND MEMBER, MACT, ACMM, BENGALURU SCCH-26, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 Motor Vehicles Act, 1988 challenging the common judgment and award dated 18.03.2024 passed in MVC Nos.5068/2021 and 5069/2021. However, MFA No.3794/2024 is filed against the award passed in MVC No.5068/2021 on the file of the XXIV Additional SCJ & - 3 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 ACMM and Member-MACT, Bengaluru, (SCCH-26), for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 02.08.2021 and filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,15,109/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured sustained multiple fractures, which are grievous in nature and was admitted in the hospital as an inpatient for a period of five days. It is further stated that he incurred medical expenses of Rs.1,00,000/-. The doctor was examined as PW.4 and he assessed the physical disability - 4 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 of the hand at 24%, whole body disability at 8% and lower toe amputation at 3% and total whole body disability at 11%. But the Tribunal erred in considering the disability as only 8%, which is on the lower side. The amounts awarded under other heads are meagre. Therefore, requested for enhancement of the compensation. 4. Learned counsel for respondent No.1 stated that the Tribunal has rightly considered the disability and it needs no interference. 5. Though the petitioner/injured stated that he was working as a tailor and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered his notional income as Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority and the same is confirmed. The petitioner/injured was aged 49 years and the applicable multiplier is ‘13’. Exs.P.5 and P.6 are the wound - 5 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 certificates and Ex.P.8 is the discharge summary produced by the petitioner. The petitioner examined the doctor as PW.4, he is an Orthopedic Surgeon. He stated that the petitioner sustained the following injuries, which are grievous in nature: "1. Fracture proximal phalanx 2nd toe rt foot 2. Fracture distal phalanx 3rd toe rt foot 3. Intra articular comminuted fracture middle phalanx right 5th finger The petitioner treated in Anupama Hospital in form of amputation of 3rd toe of the proximal phalanx and stump closure. Closed reduction and internal fixation with k wire right 2nd toe wound debridement and sututring of right little finger. • Multiple Healed Surgical Scar Mark Over right foot deformity over rt foot. • loss/amputation 3rd toe • Mild swelling of right foot • Altered Pigmentation over the Surgical Scar Mark. • Range of movements ankle right are Restricted. • difficulty in using and less grip in right hand • Daily activities cross leg sitting, squatting for using Indian toilets activities were found to be difficulty. • X ray shows-rt foot amputation of 3rd toe Rt hand malunited rt 5 th proximal phalanx fracture." - 6 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 6. The doctor assessed the physical disability of the right lower limb and toe amputation, resulting in a whole body disability of 11%. Learned counsel for respondent No.1 contended that the doctor was not the treated doctor. Admittedly, this is a case of amputation and the doctor has rightly considered the whole body disability at 11%. Therefore, this Court finds it just and reasonable to take the disability at 11%, relying on the medical evidence. Accordingly, the loss of future earning capacity comes to Rs.2,57,400/- (15,000 x 12 x 13 x 11%). The Tribunal has awarded Rs.57,909/- towards medical expenses, as per Exs.P.10 and P.11 and the same is confirmed. The petitioner was hospitalized as an inpatient for five days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might - 7 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 not have attended to any other work at least for a period of four months. Therefore, a sum of Rs.60,000/- (15,000 x 4) is awarded towards loss of income during the laid-up period. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,30,309/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 75,000/- 2 Towards medical expenses 57,909/- 3 Towards loss of amenities 50,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards loss of income during laid up period 60,000/- 6 Towards loss of future earning capacity 2,57,400/- Total 5,30,309/- - 8 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 18.03.2024 passed in MVC No.5068/2021 on the file of the XXIV Additional SCJ & ACMM and Member-MACT, Bengaluru, (SCCH-26), is modified. iii. The claimant is entitled to a sum of Rs.5,30,309/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,15,109/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of - 9 - HC-KAR NC: 2026:KHC:18721 MFA No. 3794 of 2024 Rs.2,15,200/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The Tribunal has directed for pay and recovery as there was no DL. Therefore, insurance company is at liberty to recover the compensation amount from the owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 50