- 1 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO.3685 OF 2023(MV-I) BETWEEN: MR. TANUJKUMAR N.R., S/O REVANNASIDDAPPA, AGE 27 YEARS, R/AT KARIGAL BEEDHI, NEAR HALEPTE, BIRUR TOWN, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …APPELLANT (BY SMT.B.N.MANJULA, ADVOCATE FOR SRI. NAGARAJA R C., ADVOCATE) AND: 1. MR. HARISHA H.P., S/O PALAKSHACHARI H.S., AGE 28 YEARS, R/O PATELARA BEEDHI, HARANAHALLI VILLAGE, ARASIKERE TALUK, HASSAN DISTRICT - 573 103. 2. MR. NANDAKUMAR B.M., S/O MAHESHWARAPPA, AGE 48 YEARS, R/O S.BIDARE VILLAGE, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 573 103. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 3. THE BRANCH MANAGER, TATA AIG GENERAL INSURANCE COMPANY, 2ND FLOOR, J P AND DEVI JAMBUKESWAR ARCADE, NO.64, MILLERS ROAD, BANGALORE - 560 052. …RESPONDENTS (BY SRI.MURALLIDHAR NEGAVAR, ADVOCATE FOR R3; R1 - HARISHA H.P., SERVED; NOTICE TO R2 IS DISPENSED WITH VIDE ORDER DATED 28.07.2026) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 09.01.2023 PASSED IN MVC NO.111/2020 ON THE FILE OF THE MACT, SENIOR CIVIL JUDGE, KADUR, CHIKKAMAGALURU DISTRICT, 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 claimant seeking enhancement of compensation awarded in the judgment and award dated 09.01.2023 passed in MVC No.111/2020 - 3 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 by the Senior Civil Judge and Motor Accident Claims Tribunal at Kadur. 2. Even though the appeal is listed today for admission with the consent of both learned counsels, it is taken up for disposal. 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 20.08.2019, contending that the accident occurred due to rash and negligent driving of the driver of the Mahindra Bolero pickup vehicle bearing Regn. No.KA-13/B-4244. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. Heads Amt. of Rs. 1 Pain and Suffering Rs. 40,000/- 2 Medical Expenses Rs. 3,63,282/- 3 Incidental Expenses Rs. 30,000/- 4 Loss of income during treatment period Rs. 91,688/- - 4 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 5 Future loss of income (disability) Rs. 7,48,011/- 6 Conveyance Rs. 50,000/- 7 Future Medical Expenses Rs. 1,50,000/- 8. Loss of amenities and happiness Rs. 40,000/- Total Rs.15,12,961/- 4. The Tribunal has also awarded interest at the rate of 7% p.a on Rs.13,62,961/- excluding future medical expenses of Rs.1,50,000/- from the date of petition till realization and directed respondent No.3/Insurer to deposit the award amount with interest. The claimant seeking enhancement has filed the present appeal. 5. Heard learned counsel for appellant and learned counsel for respondent No.3/Insurer. 6. Learned counsel for appellant contended that the claimant has sustained supra condylar fracture and crush injury and there was damage to the Knee and the claimant cannot walk without the help of clutches. Considering the injuries sustained, the compensation awarded for pain and suffering, loss of amenities are on lower side. The Tribunal even though taken the disability - 5 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 at 24% has not taken future prospects. The claimant is aged 26 years and therefore, he is entitled for future prospects at 40%. Further contended that the Tribunal has rightly assessed the income of the claimant as Rs.15,278/- and applied multiplier of 17. The claimant has to under go surgery for his Knee injury and C.W.1 doctor has stated that he has to spend Rs.2,00,000/- for the said surgery and the Tribunal has awarded only Rs.1,50,000/-. With this, he prayed to allow the appeal. 7. Learned counsel for respondent No.3/Insurer would contend that the compensation awarded by the Tribunal is just and proper, and there are no grounds for enhancement. 8. Having heard the learned counsel for the parties, the Court perused the impugned judgment and award. - 6 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 9. The claimant has sustained supra condylar fracture and crush injury, considering the same the compensation awarded by the Tribunal towards pain and sufferings requires to be enhanced from Rs.40,000/- to Rs.1,00,000/-. The loss of amenities requires to be enhanced from Rs.40,000/- to Rs.80,000/. 10. The Tribunal even though taken disability at 24% has not considered future prospects. The claimant is aged 26 years and therefore future prospects is to be taken at 40%. The Tribunal has rightly taken the income at Rs.15,278/- per month and applied multiplier of 17, in view of the same, loss of future income is calculated as under: Rs.15,278 + 6,112 (40%) =Rs.21,390 Rs.21,390 x 12 x 17 x 24% = Rs.10,47,254/- - 7 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 11. The Tribunal has rightly awarded the compensation towards loss of income during laid-up period of 6 months, medical expenses and Incidental charges. 12. C.W.1 doctor has stated that the claimant has to undergo surgery for his knee injury and he has to spend at least Rs.2,00,000/-. Considering the said aspect, the compensation awarded for future medical expenses requires to be enhanced from Rs.1,50,000/- to Rs.2,00,000/-. 13. In view of the above, the claimant is entitled to total compensation under various heads as under: Sl. Heads Amt. of Rs. 1 Loss future income Rs.10,47,254/- 2 Pain and sufferings Rs. 1,00,000/- 3 Loss of amenities Rs. 80,000/- 4 Conveyance Rs. 50,000/- 5 Incidental Charges Rs. 30,000/- 6 Future medical expenses Rs. 2,00,000/- 7 Loss of income during laid up period Rs. 91,668/- 8 Medical expenses Rs. 3,63,282/- Total Rs. 19,62,204/- - 8 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 14. The claimant is entitled to total compensation of Rs. 19,62,204/- as against Rs. 15,12,961/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled for enhanced compensation of Rs.4,49,243/-. The claimant is entitled to interest at 6% on Rs.3,99,243/- (4,49,243 - 50,000), since the claimant is not entitled for interest on enhanced sum of Rs.50,000/- awarded towards future medical expenses. 15. The respondent No.3/Insurer is liable to pay the said enhanced compensation with interest. 16. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The claimant is entitled to enhanced compensation of Rs.4,49,243/-. The claimant is entitled to interest at the rate of 6% p.a. on a sum of Rs.3,99,243/- from the date of petition till realization. - 9 - HC-KAR CNR: KAHC010271052023 NC: 2026:KHC:41502 MFA No. 3685 of 2023 iii) The respondent No.3/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE HR List No.: 1 Sl No.: 35