- 1 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5128 OF 2026 (MV-I) BETWEEN: SRI. M. NAGARAJA S/O MUNIYAPPA AGED ABOUT 51 YEARS R/AT No.5, BHAKTHARAHALLI VILLAGE NADAVATHI POST, HOSAKOTE TALUK BENGALURU RURAL DISTRICT PIN -562 114. …APPELLANT (BY SRI GURUDEVA PRASAD K T, ADVOCATE) AND: 1. M/s. NEW INDIA ASSURANCE CO. LTD., BY ITS MANAGER MOTOR CLAIMS HUB, No.9/2 2ND FLOOR, MAHALAKSHMI CHAMBER M.G.ROAD, BENGALURU-560 001. 2. M/s. SUDHA ENTERPRISES BY ITS PROPRIETOR No.12, GROUND FLOOR NEAR SRUNGA SCHOOL DODDA DUNNASANDRA CROSS Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 HOSAKOTE TALUK BENGALURU-560 067. …RESPONDENTS (BY SRI. RAJASHEKAR REDDY, ADVOCATE FOR R1 V/O DTD. 17.07.2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:31/01/2026 PASSED IN MVC No. 3643/2024 ON THE FILE OF THE XV ADDL SMALL CAUSES JUDGE AND MEMBER , MACT , MAYO HALL UNIT., 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 31.01.2026 passed in MVC No.3643/2024 by the XV Additional Small Causes Judge, Member, MACT, Bengaluru (SCCH-19). 2. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 06.05.2024 contending Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 that the accident occurred due to rash and negligent driving of the driver of Car bearing Regn.No.KA-01/AL- 0874. 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 Amount in (Rs.) 01. Pain and suffering 40,000/- 02. Medical expenses 2,91,596/- 03. Transportation, nourishment, conveyance and attendant charges 10,000/- 04. Compensation on account of permanent disability 3,08,880/- 05. Towards future medical expense Nil 06. Loss of income during laid up period 30,000/- 07. Towards loss of amenities of life 30,000/- Total 7,10,476/- 3. The Tribunal also awarded interest @ 6% p.a. 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 4. Heard learned counsel for the appellant and learned counsel for respondent No.1/insurer. 5. The accident occurred on 06.05.2024 and as on the date of the accident, the claimant was aged 49 years. Considering the said age of the claimant, the Tribunal has rightly taken multiplier ‘13’. The notional income fixed for the year 2024 is Rs.17,000/- p.m. and the said income is to be taken as against Rs.16,500/- taken by the Tribunal. 6. The claimant has sustained the following injuries: • Left tibia communited fracture • CLW over the head. 7. Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- is enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.30,000/- is enhanced to Rs.40,000/-. The Tribunal has rightly awarded medical bills of Rs.2,91,596/-. The claimant has been admitted in Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 the hospital for 10 days. Considering the said injuries sustained by the claimant and that his avocation as driver, he has to take rest atleast for 3 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000/- x 3 months) as against Rs.30,000/- awarded by the Tribunal. 8. PW.3 is the Doctor who has examined the claimant and assessed his disability and stated that the claimant has sustained 48% disability to the lower limb and 16% to the whole body and Tribunal has taken disability at 12%. In cases of disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body. Therefore, the disability to the whole body is taken at 16% (1/3rd of 48%). In view of the above, the loss of future income due to disability is calculated as under: Rs.17,000 x 12 x 13 x 16% = Rs.4,24,320/- 9. In view of the above, the claimant is entitled to compensation under various heads as under: Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 50,000/- 02. Loss of amenities 40,000/- 03. Medical expenses 2,91,596/- 04. Loss of income during laid up period 51,000/- 05. Transportation, nourishment, conveyance and attendant charges 10,000/- 06. Loss of future income due to disability 4,24,320/- Total 8,66,916/- 10. Considering the above aspects, the claimant is entitled to total compensation of Rs.8,66,916/- as against Rs.7,10,476/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,56,440/- with interest @ 6% p.a. from the date of petition till realization. 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. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010466122026 NC: 2026:KHC:53132 MFA No. 5128 of 2026 ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,56,440/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.1/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 13 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA