- 1 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7902 OF 2025 (MV-I) BETWEEN: SRI CHALAPATHI V S/O VENKATESHAPPA NOW AGED ABOUT 35 YEARS RESIDING AT: PADMAGHATTA VILLAGE AND POST MULABAGAL TALUK KOLAR DISTRICT. …APPELLANT (BY SMT. SUSHMITHA G, ADVOCATE) AND: 1. SMT. RAFIAH PARVEEN M W/O ABDUL HAFIZ S.K MAJOR IN AGE RESIDING AT No.23-1-35/1 NEAR KRISHNA THEATER ATCHAMPET ROAD SATTENAPALLI TOWN GUNTUR DISTRICT ANDHRA PRADESH-522 403. 2. NATIONAL INSURANCE COMPANY LTD. REGIONAL OFFICE SHUBARAM COMPLEX Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 M.G.ROAD, BENGALURU – 560 001. REP: BY ITS MANAGER. …RESPONDENTS (BY SRI JANARDHANA REDDY, ADVOCATE FOR R2 V/O DTD. 05.11.2025, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:16.12.2024 PASSED IN MVC No.3682/2023 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 16.12.2022 passed in MVC No. 3682/2023 by the VIII Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-15) 2. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained - 3 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 by him in a road traffic accident that occurred on 16.05.2022 due to the rash and negligent driving by the driver of the car bearing registration No. AP-07-CT-9069. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of future income Rs.3,11,520.00 2 Pain and suffering Rs.15,000.00 3 Conveyance, nourishment and attendant charges Rs.15,000.00 4 Medical expenses Rs.1,58,614.00 5 Loss of amenities in life Rs.15,000.00 6 Loss of income during laid up period Rs.8,850.00 Total Rs.5,23,984.00 3. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to - 4 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. 4. Heard learned counsel for appellant and learned counsel for respondent No. 2 – Insurer. 5. The accident occurred on 16.05.2022 and as on the date of the accident the claimant was aged 33 years. Considering the same the Tribunal has rightly applied the multiplier `16’. Notional income fixed by the Karnataka State Legal Services Authority for the year 2022 is Rs.15,500/- and the same is to be taken as against Rs.14,750/- taken by the Tribunal. 6. Claimant had sustained the following injuries: “Closed displaced comminuted fracture both bone of right leg at middle and distal 1/3rd junction with unicortical fracture of proximal tibia, closed displaced comminuted fracture both bone left leg at middle and distal 1/3rd junction, closed fracture of spine of left scapula, - 5 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 soft tissue injury over anterio lateral aspect of right leg.” 7. Considering the said injuries compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.15,000/- requires to be enhanced to Rs.1,40,000/- and loss of amenities in a sum of Rs.15,000/- requires to be enhanced to Rs.1,00,000/-. 8. Claimant was admitted in the hospital for 18 days and therefore, he is entitled Rs.18,000/- (Rs.1,000 X 18 days) towards attendant, conveyance charges, food nourishment etc., as against Rs.15,000/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses based on the documents. 9. Considering the injuries sustained which includes 4 fractures, the claimant had to take rest for at- least 6 months and therefore, entitled to loss of income during laid up period in a sum of Rs.93,000/- (Rs.15,500 X 6 months) as against Rs.8,850/- awarded by the Tribunal. - 6 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 10. P.W.2 is the Doctor who has assessed the disability and stated that the claimant is having disability of 32.69% to the limb and 10.8% to the whole body. Considering the same, the Tribunal has rightly taken the disability at 11%. In view of the same, loss of future income is calculated as under: 15,500 X 12 X 16 X 11% = Rs.3,27,360/- 11. P.W.2 – Doctor has stated that the fractures are not united and for that claimant has to undergo surgery. Claimant has to also undergo another surgery for removal of implant. Considering the same claimant is entitled to future medical expenses in a sum of Rs.50,000/-. 12. In view of the above, claimant is entitled to total compensation under various heads as under: 1 Pain and suffering Rs.1,40,000/- 2 Loss of amenities Rs.1,00,000/- 3 Attendant, conveyance charges, and food and nourishment Rs.18,000/- - 7 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 4 Medical expenses Rs.1,58,614/- 5 Loss of income during laid up period Rs.93,000/- 6 Loss of future income Rs.3,27,360/- 7 Future medical expenses Rs.50,000/- Total Rs.8,86,974/- 13. Considering the above aspects claimant is entitled to total compensation of Rs.8,86,974/- as against Rs.5,23,984/- awarded by the Tribunal with interest. Consequently, claimant is entitled to enhanced compensation of Rs.3,62,990/- with interest at the rate of 6% per annum from the date of petition till the date of realization. Claimant is not entitled to interest on compensation awarded towards future medical expenses. Claimant is not entitled to interest for the delay period of 194 days in filing the appeal as per order dated 05.11.2025 passed on I.A. No. 1/2025. Respondent No. 2 - 8 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 – Insurer is liable to pay the said enhanced compensation with interest. 14. In view of the above, the following; O R D E R a. Appeal is allowed in part. b. Appellant - claimant is entitled to enhanced compensation of Rs.3,62,990/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c. Claimant is not entitled to interest on compensation awarded towards future medical expenses. d. Appellant – Claimant is not entitled to interest for the delay period of 194 days. e. Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. - 9 - HC-KAR CNR: KAHC010694172025 NC: 2026:KHC:49056 MFA No. 7902 of 2025 f. Appellant - claimant is entitled to release of entire enhanced compensation amount with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 62 Ct.sm