- 1 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3863 OF 2025 (MV-I) BETWEEN: CHANDRASHEKAR S/O PUTTARAJAIAH, AGED ABOUT 55 YEARS, R/AT HEMMANAHALLI VILLAGE, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 429. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: 1. ANILKUMAR S/O VENKATESHA, AGED MAJOR, R/AT TORESHETTIHALLI VILLAGE AND POST, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 429. 2. RELIANCE GENERAL INSURANCE CO LTD REP BY ITS MANAGER, REGIONAL OFFICE, NO.28, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2 VIDE ORDER DATED 19.06.2025, NOTICE TO R1 D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 THIS MFA IS FILED U/S. 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 27.01.2025 PASSED IN MVC NO. 3160/2022 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 27.01.2025 passed in MVC No.3160/2022 by the II Additional Judge and ACJM, Member, Court of Small Causes, Motor Accident Claims Tribunal, Bengaluru (for short, 'the Tribunal') seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 3. The injured claimant met with an accident on 10.04.2022 and filed a claim petition claiming compensation of Rs.22,00,000/-. The Tribunal, after considering the entire evidence on record granted an amount of Rs.6,06,210/- with interest at the rate of 6% per annum from the rate of petition till realisation. 4. Aggrieved by the said order, the appellant preferred an appeal, mainly contended that the Tribunal granted meager amounts under various heads. The doctor assessed the disability at 36.52% to the right lower limb and 18.26% to the whole body, however, the Tribunal erred in taking the same as 10%. Further contended that interest should be granted at the rate of 9% instead of 6%. Thus, he requested for enhancement of the compensation. 5. Though petitioner stated that he was aged 52 years working as a contractor for temple construction and earning Rs.30,000 per month, he has not filed any income proof. As he met with an accident in the year 2022, his - 4 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 notional income is to be taken as Rs. 15,500 per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 52 years and the relevant multiplier is 11. Ex.P6 is the Wound Certificate. Ex.P14 is the case sheet and discharge summary. The petitioner also examined doctor who is a senior consultant - Orthopaedic Surgeon as PW3. He stated that the petitioner sustained fracture of neck of the right femur and ORIF with CC screw was done. The doctor further stated that he requires another surgery for removal of the implants for neck of the right femur. He admitted that he is not a treated doctor and fracture is united, he can do desk work without any difficulty. There is minimal loss in the range of movements. Therefore, this court finds it reasonable to take the disability as 1/3rd of 36.52% = 12%. Hence, the loss of future earning capacity comes to Rs.15,500 x 12 x 11 x 12% = Rs.2,45,520/- and tribunal granted an amount of Rs.2,80,110/- towards medical expenses as per Ex.P8 and the said amount is confirmed. The Petitioner - 5 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 was hospitalized for a period of 5 days and therefore Considering the nature of injuries, period of hospitalisation and other relevant factors, this Court finds it 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. The petitioner might not have done any other work at least for a period of 3 months. Therefore, Rs.15,500 x 3 = Rs.46,500/- under the head loss of income during laid up period. 6. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.6,06,210/- to Rs. 6,77,130/- 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 27.01.2025 passed in MVC No.3160/2022 by the II Additional Judge and ACJM, Member, Court Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 2,45,520 2 Towards medical expenses 2,80,110 3 Pain and suffering 50,000 4 Loss of amenities 25,000 5 Transportation, extra nourishment and attendant charges. 30,000 6 Loss of income during laid down period 46,500 Total 6,77,130 - 7 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 of Small Causes, Motor Accident Claims Tribunal, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.6,77,130/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,06,210/- granted by the tribunal. 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.70,920/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:19915 MFA No. 3863 of 2025 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE TMP, AKV List No.: 1 Sl No.: 74