- 1 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4447 OF 2026 (MV-I) BETWEEN: SRI GOVARDHANA C J AGED ABOUT 22 YEARS S/O. GANGADHARAPPA R/A. CHIKKA KURUGODU VILLAGE GOWRIBIDANUR TALUK, CHIKABALLAPURA DISTRICT. …APPELLANT (BY SRI D. NAGARAJA, ADVOCATE) AND: 1. CHOLAMANDALAM MS GEN. INSURANCE CO. LTD., REGIONAL OFFICE AT UNIT-IV, 9TH FLOOR LEVEL-06, GOLDEN HEIGHTS COMPLEX 59TH 'C' CROSS, INDUSTRIAL SUBURB RAJAJINAGAR 4TH BLOCK BENGALURU- 560 019. REPRESENTED BY ITS MANAGER. 2. SRI. PAVAN KUMAR, MAJOR, S/O CHIKKEGOWDA R/O TERIYURU AT POST KODIGENAHALLI HOBLI Digitally signed by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 MADHUGIRI TALUK TUMKUR DISTRICT-572 132. …RESPONDENTS (BY SRI B C SHIVANNEGOWDA, ADVOCATE FOR R1 V/O DTD. 29.06.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:07/02/2025 PASSED IN MVC No.3737/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER PRL. MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU., 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 appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 07.02.2025 passed in MVC No.3737/2023 by the Chief Judge, Court of Small Causes and member Principal MACT, bengaluru. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 learned counsel for appellant and learned counsel for respondent No.1 –insurer. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 27.04.2022 contending that the accident occurred due to rash and negligent driving of the rider of motorcycle bearing registration No.KA-64/U-6127. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: SL.No. Heads of Compensation Amount (Rs) 1 Pain and agony 50,000.00 2 Treatment charges 2,438.00 3 Conveyance , nourishment and attendant charges 5,000.00 4 Loss of income during treatment period (Rs.15,500/-x6) 93,000.00 5 Loss amenities and future unhappiness 30,000.00 Total 1,80,438.00 - 4 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent No.1 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent No.1 –insurer. 6. Learned counsel for appellant submits that even though the disability to the whole body is at 11%, the Tribunal has not awarded loss of income due to disability only on the ground that no documents are produced to show loss of income. 7. The accident occurred on 27.04.2022 and as on the date of accident, the claimant was aged 20 years. Considering the said age of the claimant, the multiplier applicable is ‘18’. The Tribunal has rightly taken the notional income of Rs.15,500/-. - 5 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 8. The claimant has sustained the following injuries: i) ZMC fracture ii) Left writ fracture iii) Loss of teeth iv) Swelling over left side of face and left eye lid v) Left side black eye P.W.3 is the doctor who has examined the claimant, assessed disability and stated that the claimant is having 32% disability to the upper limb. The Tribunal has held that disability to the whole body is 11%. Even though there is disability, the Tribunal has not awarded loss of future income due to disability. Since there is disability to the whole body, the claimant is entitled to loss of income due to disability. In view of the above, the loss of future income due to disability is calculated as under: Rs.15,500 x12x18x11% =Rs.3,68,280/- 9. The Tribunal has awarded loss of income during laid up period for 06 months. That might have been - 6 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 awarded since loss of future income due to disability is not awarded. Considering the injuries sustained by the claimant and treatment taken by him, he is entitled to loss of income during laid up period for 03 months in a sum of Rs.46,500/- (Rs.15,500/- x 3 months) as against Rs.93,000 as awarded by the Tribunal. Considering the injury sustained by the claimant, the Tribunal has rightly awarded pain and suffering in a sum of Rs.50,000/- and loss of amenities in a sum of Rs.30,000/-. The Tribunal has also rightly awarded medical expenses and attendant and conveyance charges. 10. In view of the above, the claimant is entitled to total compensation under various heads as under: SL.No. Heads of Compensation Amount (Rs) 1 Pain and suffering 50,000/- 2 Treatment charges 2,438/- 3 Conveyance , nourishment and attendant charges 5,000/- 4 Loss of income during treatment period (Rs.15,500/-x3) 46,500/- 5 Loss amenities and future unhappiness 30,000/- - 7 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 6 Loss of future income due to disability 3,68,280/- Total 5,02,218/- The claimant is entitled to total compensation of Rs.5,02,218/- as against Rs.1,80,438/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.3,21,780/- with interest at the rate of 6% per annum from the date of petition till realisation. The claimant is not entitled to interest for the delay period of 385 days in filing the appeal as per order dated 18.09.2026 passed on IA No.1/2026. Respondent No.1 - insurer is liable to pay the said enhanced compensation with interest. 11. 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.3,21,780/- with interest at - 8 - HC-KAR CNR: KAHC010403742026 NC: 2026:KHC:51119 MFA No. 4447 of 2026 the rate of 6% per annum from the date of petition till realization. iii) The claimant is not entitled to interest for the delay period of 385 days in filing the appeal. iv) Respondent No.1 -insurer shall deposit the said enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day. v) The appellant –claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 2 Sl No.: 12 Ct.sm