- 1 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 7206 OF 2025 (MV-I) BETWEEN: S. LOKESHA, S/O SHIVANNAGOWDA AGE ABOUT 45 YEARS R/A BELLALE VILLAGE, MELUKOTE HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: 1. BABY, W/O MANJU AGE ABOUT 42 YEARS R/A JANATHA SKET CHINAKURALI VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. 2. THE MANAGER CHOLA MS GENERAL INSURANCE CO. LTD., SIGMA COMPLEX, 1ST FLOOR NO. C1, NEW KANTHARAJ URS ROAD, KUVEMPU NAGAR, MYSURU - 570 001. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2; VIDE ORDER DATED 18.12.2025, NOTICE TO R1 D/W) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 20.02.2025 PASSED IN MVC NO. 291/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 judgment and award dated 20.02.2025 passed in MVC No.291/2023 by Additional Senior Civil Judge and MACT, Pandavapura. 2. Even though the appeal is listed today for orders, it is taken up for disposal with a consent of learned counsel for appellant and learned counsel for respondent No.2/insurer. - 3 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 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 13.01.2023 contending that the accident occurred due to rash and negligent riding of rider of bike bearing registration No.KA- 11-EQ-4832. 4. The Tribunal, after recording the evidence and appreciating the evidence on record, has assessed the compensation and awarded compensation under various heads as under: Sl. No. Heads Amount 1 Towards Pain and Suffering Rs.40,000.00 2 Towards Medical Expenses Rs.79,044.00 3 Towards Future Medical Expenses Rs.25,000.00 4 Towards Medical Attendant & Conveyance charges Rs.15,000.00 5 Towards Diet & Nourishment Rs.15,000.00 6 Towards Loss of future income Rs.2,21,447.52 7 Towards Loss of income during laid up period Rs.35,949.48 8 Towards Loss of Amenities Rs.10,000.00 Total 4,41,441.00 - 4 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 5. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition, till date of 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. 6. Heard the arguments of the learned counsel for appellant and learned counsel for respondent No.2/Insurer. 7. Learned counsel for appellant would contend that the accident has taken place in the year 2023 and notional income fixed for the said year is Rs.16,250/- and that is to be taken as against income taken by the tribunal. The tribunal has rightly taken disability at 11% and applied multiplier 14. He further submits that considering the injuries sustained, the compensation awarded for pain and suffering, loss of amenities are on lower side. The claimant has been admitted in the hospital for 4 days and considering the injuries/fractures sustained, the claimant has to take rest for 3 months and tribunal has rightly awarded loss of income during laid up period for 3 months with this, he prayed to allow the appeal. - 5 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 8. Learned counsel for responded No.2/insurer would contend that the compensation awarded by the tribunal on all heads is just and proper and there are no grounds for enhancement. 9. Having heard the learned counsels, the Court has perused the judgment and award. 10. The accident occurred on 13.01.2023 and as on the date of accident the claimant was aged 44 years. The tribunal considering the age of the claimant has rightly taken multiplier '14'. The notional income fixed for the year 2023 by Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against the Rs.10,983/- taken by the tribunal. 11. Considering the evidence of PW2-Doctor, the tribunal has rightly taken the disability at 11%. In view of the above, the loss of future income is calculated as under Rs.16,250 x12x14x11% =3,00,300/-. 12. The claimant has sustained fracture of right Montegia (Periprosthetic) fracture and right great toe fracture and - 6 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 considering the said injuries, the compensation awarded by the tribunal for pain and suffering in a sum of Rs.40,000/- requires to be enhanced to Rs.50,000/- and loss of amenities awarded in a sum of Rs.10,000/- requires to be enhanced to Rs.30,000/- . The claimant has been admitted in hospital for 4 days and therefore claimant is entitled to Attendant, conveyance charges, food, nourishment etc., in a sum of Rs.4,000/- as against Rs.15,000/- awarded towards medical attendant, conveyance charges and 15,000/- awarded towards diet and nourishment. 13. The tribunal has rightly awarded 3 months income as loss of income during laid up period. As now income taken is Rs.16,250/-, the claimant is entitled to loss of income during laid up period in a sum of Rs.48,750/-x(16,250x3). 14. In view of the above, the claimant is entitled to total compensation under various heads as under:- Sl. No. Heads Amount 1 Loss of future income 3,00,300.00 2 Pain and suffering 50,000.00 - 7 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 3 Medical expenses 79,044.00 4 Future medical expenses 25,000.00 5 Attendant, Conveyance charges, Food and nourishment 4,000.00 6 Loss of income during laid up period 48,750.00 7 Loss of amenities 30,000.00 Total 5,37,094.00 15. The claimant is entitled to total compensation of Rs.5,37,094/- as against Rs.4,41,441/- as awarded by the tribunal with interest. Consequently, the claimant is entitled to an enhanced compensation of Rs.95,653/- with interest at the rate of 6% per annum from the date of petition till realisation. 16. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest. 17. 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.95,653/- with interest at the - 8 - HC-KAR CNR: KAHC010635112025 NC: 2026:KHC:46666 MFA No. 7206 of 2025 rate of 6% per annum from the date of petition till realisation. iii. The respondent No.2/Insurer shall deposit the enhanced compensation with interest before the tribunal within a period of 6 weeks from this day. iv. The appellant/claimant is entitled to release of the entire enhanced compensation amount. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VS List No.: 1 Sl No.: 6