- 1 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 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. 3676 OF 2026 (MV-I) C/W MISCELLANEOUS FIRST APPEAL No. 3907 OF 2026 (MV-I) IN MFA No. 3676/2026 BETWEEN: RAJU N C/O NARAYAN NOW AGED ABOUT 40 YEARS R/AT, No.103, MESTRI PALYA KORAMANGALA SINGANAYAKANAHALLI BANGALORE KARNATAKA - 560 034. …APPELLANT (BY SRI N R RANGEGOWDA, ADVOCATE) AND: 1. SUNIL DATTA KUNALE S/O SRIMANTAPPA KUNALE AGED MAJOR, R/AT FLAT No. 713 GENESIS, ECO, SPHERE APARTMENT NEELADRI ROAD, ELECTRONIC CITY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 PHASE 1 BANGALORE-562 100. 2. TATA AIG GEN INS CO, LTD, REP BY ITS MANAGER JP JAMBUKESWAR ARCADE No.69, MILLERS, ROAD BANGALORE-560 010. …RESPONDENTS (BY SRI MURALIDHARA N, ADVOCATE FOR R2 V/O DTD. 8.6.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:16/02/2026 PASSED IN MVC No.8637/2023 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE, ACJM AND MEMBER- MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA No. 3907/2026 BETWEEN: MASTER: LITHVIK R S/O RAJU N NOW AGED ABOUT 6 YEARS R/AT, NO.103, MESTRI PALYA KORAMANGALA SINGANAYAKANAHALLI BANGALORE KARNATAKA-560 034. SINCE APPELLANT IS MINOR REP BY HIS FATHER RAJU. N. C/O NARAYAN. ...APPELLANT (BY SRI N R RANGEGOWDA, ADVOCATE) - 3 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 AND: 1. SUNIL DATTA KUNALE S/O, SRIMANTAPPA KUNALE AGED MAJOR R/AT. FLAT No.713 GENESIS, ECO, SPHERE APARTMENT NEELADRI ROAD ELECTRONIC CITY, PHASE 1. BANGALORE - 562 100 2. TATA AIG GEN INS. CO. LTD., REP. BY ITS MANAGER JP JAMBUKESWAR ARCADE No.69, MILLERS ROAD BANGALORE – 560 010. ...RESPONDENTS (BY SRI MURALIDHARA N, ADVOCATE FOR R2 V/O DTD. 08.06.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.02.2026 PASSED IN MVC No.8639/2023 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 ORAL JUDGMENT 1. MFA No. 3676/2026 is filed by claimant in MVC No. 8637/2023 seeking enhancement of compensation awarded in the judgment and award dated 16.02.2026 by the II Additional Judge, Court of Small Causes and MACT, Bengaluru, (SCCH-13). 2. MFA No. 3907/2026 is filed by claimant in MVC No. 8639/2023 seeking enhancement of compensation awarded in the judgment and award dated 16.02.2026 by the II Additional Judge, Court of Small Causes and MACT, Bengaluru, (SCCH-13) 3. Even though the appeals are listed for `Admission’ today, with the consent of the learned counsel appearing for appellants – claimants and learned counsel appearing for Insurer they are taken up for disposal. 4. Both the claim petitions arise out of the accident that occurred on 11.09.2023 due to the rash and negligent driving by the driver of car bearing registration - 5 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 No. KA-51-MC-3644. The Tribunal after recording common evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads in MVC No. 8637/2023 as under: Sl. No. Nature of Compensation Amount 1. Loss of future earnings Rs.2,30,400/- 2. Pain and Sufferings Rs.50,000/- 3. Loss of amenities Rs.30,000/- 4. Medical expenses Rs.2,06,005/- 5. Conveyance, Food, Nourishment & Attendant charges Rs.10,000/- 6. Loss of income during laid up period Rs.64,000/- Total Rs.5,90,405/- 5. The Tribunal has awarded global compensation of Rs.1,60,000/- in MVC No. 8639/2023. 6. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed the Insurer to deposit the said award amount with interest. Claimants have filed the - 6 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 present appeals seeking enhancement of the compensation awarded. 7. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer. MFA No. 3676/2026 (MVC No. 8637/2023) 8. The accident occurred on 11.09.2023 and as on the date of accident the claimant was aged 37 years. Claimant sustained pelvic fracture with subgalea’s Hemaroma in frontal and parietal lobe. Considering the said injury, compensation awarded by the Tribunal towards `pain and suffering’ in a sum of Rs.50,000/- and `loss of amenities’ in a sum of Rs.30,000/- is just and proper. 9. Claimant was admitted in the hospital for 9 days and therefore, compensation awarded by the Tribunal towards `conveyance, food, nourishment and attendant charges’ in a sum of Rs.10,000/- is just and proper. - 7 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 10. Notional income fixed for the year 2023 by the Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. 11. The Tribunal has awarded `loss of income during laid up period’ for a period of 4 months by taking the income at Rs.16,000/-. As now the income is taken at Rs.16,250/-, claimant is entitled to compensation under the head `loss of income during laid up period’ in a sum of Rs.65,000/- (Rs.16,250 X 4 months). 12. P.W.6 is the Doctor who has assessed the disability of the claimant. P.W.6 has stated that claimant had sustained 30% disability to the left lower limb and 15% disability to the whole body. The Tribunal has taken the disability at 8%. Whenever there is disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body. Therefore, disability to the whole body is - 8 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 to be taken at 10%. The Tribunal has rightly taken the multiplier of `15’ since claimant was aged 37 years. 13. In view of the above, `loss of future income’ is calculated as under: 16,250 X 12 X 15 X 10% = Rs.2,92,500/- 14. In view of the above, claimant is entitled to total compensation under various heads as under: Sl.No. Nature of Compensation Amount 1. Loss of future earnings Rs.2,92,500/- 2. Pain and Sufferings Rs.50,000/- 3. Loss of amenities Rs.30,000/- 4. Medical expenses Rs.2,06,005/- 5. Conveyance, Food, Nourishment & Attendant charges Rs.10,000/- 6. Loss of income during laid up period of parent. Rs.65,000/- Total Rs.6,53,505/- 15. Considering the above aspects claimant is entitled to total compensation of Rs.6,53,505/- as against Rs.5,90,405/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of - 9 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 Rs.63,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. MFA No. 3907/2026 (MVC No. 8639/2023) 16. As on the date of accident, i.e., 11.09.2023 the claimant was aged 3 years. Claimant sustained right parietal skull fracture with right clavicle fracture. Considering the said injury, claimant is entitled to a sum of Rs.60,000/- towards `pain and suffering’ and a sum of Rs.40,000/- towards `loss of amenities’. Considering the said injuries claimant had to take rest for 2 months and one of parents had to attend to the claimant who was aged 3 years. Therefore, loss of income of the parent due to the accident is Rs.32,500/- (Rs.16,250 X 2 months). 17. Claimant has spent a sum of Rs.94,615/- towards treatment and is entitled to the said amount. - 10 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 18. Claimant was admitted in the hospital for 2 days and therefore, entitled to `conveyance, food, nourishment and attendant charges’ in a sum of Rs.2,000/- (Rs.1,000 X 2 days). 19. In view of the above, claimant is entitled to total compensation under various heads as under: Sl.No. Nature of Compensation Amount 1. Pain and Sufferings Rs.60,000/- 2. Loss of amenities Rs.40,000/- 3. Medical expenses Rs.94,615/- 4. Conveyance, Food, Nourishment & Attendant charges Rs.2,000/- 5. Loss of income during laid up period Rs.32,500/- Total Rs.2,29,115/- 20. Considering the above aspects claimant is entitled to total compensation of Rs.2,29,115/- as against Rs.1,60,000/- awarded by the Tribunal with interest. Consequently, claimant is entitled to enhanced compensation of Rs.69,115/- with interest at the rate of 6% p.a. from the date of petition till the date of - 11 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 21. In view of the above, the following; O R D E R a) MFA 3676/2026 (MVC 8637/2023) is allowed in part and appellant – claimant is entitled to enhanced compensation of Rs.63,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. b) MFA 3907/2026 (MVC 8639/2023) is allowed in part and appellant – claimant is entitled to enhanced compensation of Rs.63,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest in both the appeals before the Tribunal within six weeks from this day. - 12 - HC-KAR CNR: KAHC010357662026 NC: 2026:KHC:50243 MFA No. 3676 of 2026 C/W MFA No. 3907 of 2026 d) Appellant - claimant in MFA 3676/2026 (MVC 8637/2023) is entitled to release of entire enhanced compensation. e) Enhanced compensation in MFA 3907/2026 (MVC 8639/2023) shall be kept in Fixed Deposit with Karnataka Bank, City Civil Court branch, in the name of appellant – claimant – minor till he attains majority. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 44 Ct.sm