- 1 - HC-KAR CNR: KAHC010443162025 NC: 2026:KHC:49966 MFA No. 5083 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5083 OF 2025 (MV-I) BETWEEN: RAMACHANDRA KUMAR YADAV S/O JANAK PRASAD YADAV AGED ABOUT 35 YEARS RESIDING AT: MANJULA BUILDING ANEKAL MAIN ROAD MUNISWAMY LAYOUT MADAPATNA, JIGANI BANGALORE. …APPELLANT (BY SRI SREENIVASAIAH A, ADVOCATE) AND: 1. SMT. RADHA W/O.KUSHA KUMAR No.137, JANATHA COLONY BANNERGHATTA ANEKAL TALUK BENGALURU -560 083. 2. THE MANAGER BHARTI AXA GENERAL INS. CO. LTD., 1ST FLOOR, FERNS ICON, SY. No.28, DODDANAKUNDI VILLAGE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010443162025 NC: 2026:KHC:49966 MFA No. 5083 of 2025 K.R.PURAM BENGALURU - 560 037. …RESPONDENTS (BY SRI P S JAGADISH, ADVOCATE FOR R2 V/O DTD. 18.09.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:02.04.2025 PASSED IN MVC No.4366/2021 ON THE FILE OF THE XII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-8), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSON THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 2. The Tribunal assessing the compensation has awarded the compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Loss of future earnings due to disability 3,45,600/- 02. Pain and suffering 50,000/- 03. Medical expenses 33,001/- - 3 - HC-KAR CNR: KAHC010443162025 NC: 2026:KHC:49966 MFA No. 5083 of 2025 04. Conveyance, food and nourishment, attendant charges and other incidental expenses 8,000/- 05. Loss of income during laid up period 60,000/- 06. Loss of amenities in life/Life comforts and expectancy of life 50,000/- 07. Future medical expenses 30,000/- Total 5,76,601/- 3. The claimant has sustained the following injuries: • Abrasion over left palm • Multiple abrasion over left knee, left ankle and left foot. • Tenderness, deformity of left ankle and the x- ray shows left ankle lateral malleolus fracture. 4. Considering the said injuries, the compensation awarded towards pain and suffering in a sum of Rs.50,000/- and loss of amenities in a sum of Rs.50,000/- is just and proper. The claimant has been admitted in the hospital for 08 days and considering the said aspect, the compensation awarded for conveyance, food and - 4 - HC-KAR CNR: KAHC010443162025 NC: 2026:KHC:49966 MFA No. 5083 of 2025 nourishment, attendant charges etc in a sum of Rs.8,000/- is just and proper. The Tribunal based on the documents has rightly awarded medical expenses. The Tribunal has awarded loss of income during laid up period for four months taking the notional income at Rs.15,000/- p.m. and it is just an proper. The Tribunal has also awarded future medical expenses in a sum of Rs.30,000/- as the claimant has to undergo surgery for removal of implants and it is just and proper. PW.2 is the Doctor who has assessed the disability of claimant and stated that the claimant has sustained 36% disability to the lower limb and 18% to the whole body. The Tribunal has taken the disability at 12%. The said disability taken by the Tribunal at 12% is 1/3rd of the disability to the limb and therefore, it is just and proper. Even though the claimant has contended that he is a Carpenter, but no documents/evidence is produced and the Tribunal has rightly taken the notional income at Rs.15,000/- p.m. The - 5 - HC-KAR CNR: KAHC010443162025 NC: 2026:KHC:49966 MFA No. 5083 of 2025 claimant is aged 31 years. Considering the same the Tribunal has applied multiplier ‘16’ and it is proper. 5. Considering all the above aspects, there are no grounds for enhancement. Hence, the appeal is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 35 Ct.sm