- 1 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 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. 3196 OF 2026 (MV-I) BETWEEN: SRI. PRAVEEN S. S/O. SHIVAMADEGOWDA AGED ABOUT 22 YEARS R/AT: No.230, KASHINAGARA HARSHA SCHOOL, YELACHENAHALLI J. P. NAGARA, BANGALORE SOUTH BANGALORE - 560 078. …APPELLANT (BY SMT. NITHYA ABHILASH, ADVOCATE FOR SRI. PRAKASH M H, ADVOCATE) AND: 1. SRI. KANTHARAJU G. B. S/O. BORE GOWDA AGE :MAJOR R/AT: GADASAHALLI VILLAGE SHIVANAHALLI POST KANAKAPURA TOWN AND TALUK BANGALORE SOUTH DISTRICT -562 121. 2. UNITED INDIA INS. CO. LTD., OFFICE AT 5TH AND 6TH FLOORS KRISHI BHAVAN NRUPATHUNGA ROAD Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 BANGALORE-560 001. REP BY ITS MANAGER. …RESPONDENTS (BY SRI S V HEGDE, ADVOCATE FOR R2 V/O DTD. 28.07.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:11/11/2025 PASSED IN MVC No.2069/2024 ON THE FILE OF THE VIII ADDL. JUDGE, COURT OF SMALL CAUSES AND ACJM AND MOTOR ACCIDENT CLAIMS TRIBUNAL , BANGALORE., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION 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 11.11.2025 passed in MVC No. 2069/2024 by the VIII Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-5). 2. Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 for appellant – claimant and learned counsel appearing for respondent No. 2 – Insurer it is taken up for disposal. 3. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 09.02.2024 due to the rash and negligent driving by the driver of Maxi Cab Mini bus bearing registration No. KA- 41-B-2884. 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.6,41,520.00 2 Pain and suffering Rs.25,000.00 3 Conveyance, nourishment and attendant charges Rs.15,000.00 4 Medical expenses Rs.11,570.00 5 Loss of amenities in life Rs.15,000.00 6 Loss of income during laid up period Rs.49,500.00 Total Rs.7,57,590.00 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer. 6. The accident occurred on 09.02.2024 and as on the date of the accident appellant was aged 20 years. Considering the said age of the appellant, the Tribunal has rightly applied multiplier `18’. Notional income fixed by the Karnataka State Legal Services Authority for the year 2024 is Rs.17,000/-. Said income is to be taken as against Rs.16,500/- taken by the Tribunal. 7. Claimant had sustained the following injuries: “Lacerated wound on right side neck, crush injury of right foot with deformity on right let, haemotama with abrasion over right forehead, displaced fracture of mid shaft right clavicle, fracture of medial tibia plateau, Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 comminuted displaced fracture of proximal 1/3rd of shaft of tibia and displaced fracture of proximal shaft of fibula.” 8. Considering the said injuries, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.25,000/- is enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.15,000/- is enhanced to Rs.70,000/-. 9. Claimant was admitted in the hospital for 19 days and therefore, entitled to attendant, conveyance, food and nourishment charges in a sum of Rs.19,000/- (Rs.1,000 X 19 days) as against Rs.15,000/- awarded by the Tribunal. 10. The Tribunal has rightly awarded medical expenses of Rs.11,570/-. 11. The Tribunal has awarded loss of income during laid up period for 3 months taking the income at Rs.16,500/-. Now the income taken is Rs.17,000/- and therefore, claimant is entitled to loss of income during laid Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 up period in a sum of Rs.51,000/- (Rs.17,000 X 3 months). 12. P.W.2 is the Doctor who has examined the claimant and assessed the disability. P.W.2 has stated that claimant had sustained 46% disability to the right lower limb, 28% to the right upper limb and whole body disability at 22%, but the Tribunal has taken the disability at 18%. In cases where disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body and in cases of disability to the upper limb, 1/4th of disability is to be taken as the disability to the whole body. Therefore, disability is to be taken at 22% (15 + 7) to the whole body. Since the disability to the whole body is more than 20%, claimant is entitled to future prospects at 40%. 13. In view of the above, loss of future income due to disability is calculated as under: 17,000 + 6,800 (40%) = Rs.23,800 23,800 X 12 X 18 X 22% = Rs.11,30,976/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 14. In view of the above, claimant is entitled to total compensation under various heads as under: 1 Loss of future income due to disability Rs.11,30,976/- 2 Pain and suffering Rs.1,00,000/- 3 Loss of amenities Rs.70,000/- 4 Attendant, conveyance, food and nourishment charges Rs.19,000/- 5 Medical expenses Rs.11,570/- 6 Loss of income during laid up period Rs.51,000/- Total 13,82,546/- 15. Considering the above aspects claimant is entitled to total compensation of Rs.13,82,546/- as against Rs.7,57,590/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.6,24,956/- with interest. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 16. In view of the above, the following; Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010302972026 NC: 2026:KHC:53204 MFA No. 3196 of 2026 O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.6,24,956/- 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 before the Tribunal within six weeks from this day. d) Out of the enhanced compensation, 50% shall be released to the appellant – claimant and remaining 50% shall be kept in Fixed Deposit with Karnataka Bank, City Civil Court branch in the name of appellant – claimant for a period of 3 years. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 23 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA