- 1 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3347 OF 2026 (MV-I) BETWEEN: SRI PRAKASH. H.P S/O PUTTASWAMAIAH NOW AGED ABOUT 60 YEARS RESIDING AT: HERURU VILLAGE, KASABA HOBLI KUNIGAL TALUK TUMKUR DISTRICT -572 130. …APPELLANT (BY SRI B CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. MR. RAJI MATHEW S/O JACO MAJOR (AGE OF R 1 NOT KNOW TO APPELLANT ) RESIDENT OF: No.214, GABRIEL BUILDING CHIKKA KAMMANAHALLI GOTTIGERE BENGALURU-560 083. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 2. UNITED INDIA INSURANCE COMPANY LTD., DIVISION OFFICE, 6TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD HUDSON CIRCLE BENGALURU -560 001. BY ITS MANAGER. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI P B RAJU, ADVOCATE FOR R2 V/O DTD. 23.07.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:22.08.2024 PASSED IN MVC No.130/2021 ON THE FILE OF THE MEMBER, PRL MACT, CHIEF JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-1, 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 22.08.2024 passed in MVC No. 130/2021 by the Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 Chief Judge, Court of Small Causes and MACT, Bengaluru (SCCH-1). 2. Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing 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 08.11.2020 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-51-Y-7071. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Pain and suffering Rs.75,000/- 2 Treatment Rs.55,000/- 3 Attendant, conveyance and nourishment charges Rs.20,000/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 4 Loss of income during treatment period Rs.70,000/- 5 Loss of amenities and future happiness Rs.60,000/- Total Rs.2,80,000/- 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of 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 08.11.2020 and as on the date of accident, claimant was aged 58 years. Considering the said age of claimant, multiplier applicable is `9’. Notional income fixed for the year 2020 by Karnataka State Legal Services Authority is Rs.14,500/-. Said income is to be taken as against Rs.14,000/- taken by the Tribunal. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 7. Claimant had sustained the following injuries: “Fracture shaft of right femur and fracture of right proximal end of tibia and distal end of right fibula” 8. Considering the said injuries sustained by the claimant, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.75,000/- and loss of amenities in a sum of Rs.60,000/- is just and proper. 9. The Tribunal, based on the bills, has rightly awarded medical expenses of Rs.55,000/-. 10. Claimant was admitted in the hospital for 17 days. Considering the same, claimant is entitled to attendant, conveyance and nourishment charges in a sum of Rs.17,000/- (Rs.1,000 X 17 days) as against Rs.20,000/- awarded by the Tribunal. 11. The Tribunal has awarded loss of income during laid period for 5 months by taking income at Rs.14,000/-. As now income taken is Rs.14,500/- claimant is entitled to loss Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 of income during laid up period in a sum of Rs.72,500/- (Rs.14,500 X 5). 12. The Tribunal has not awarded loss of future income due to disability on the ground that the P.W.2 is not the treated Doctor. P.W.2 – Doctor has stated that he examined the claimant, assessed the disability and stated that the claimant is having disability of 54% to the right lower limb and 27% to the whole body. In case of disability to the lower limb, one third of the same is to be taken as disability to the whole body. Therefore, disability to be taken is 18% (1/3rd of 54%). In view of the above, loss of future income due to disability is calculated as under: 14,500 X 12 X 9 X 18% = Rs.2,81,880/- 13. The Doctor has stated that claimant has to undergo surgery for removal of implant. Considering the same, claimant is entitled to future medical expenses of Rs.30,000/-. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 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.2,81,800/- 2 Pain and suffering Rs.75,000/- 3 Loss of amenities Rs.60,000/- 4 Medical expenses Rs.55,000/- 5 Attendant, conveyance and nourishment charges Rs.17,000/- 6 Loss of income during laid up period Rs.72,500/- 7 Future medical expenses Rs.30,000/- Total Rs.5,91,380/- 15. Considering the above aspects claimant is entitled to total compensation of Rs.5,91,380/- as against Rs.2,80,000/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.3,11,380/-. Claimant is not entitled to interest for the delay period of 525 days in filing the appeal as per the order dated 10.09.2026 passed on I.A. No. 1/2026. Respondent Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 16. In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.3,11,380/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Appellant – Claimant is not entitled to interest for the delay period of 525 days. d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. e) Appellant – claimant is not entitled to interest on enhanced compensation towards future medical expenses in a sum of Rs.30,000/-. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 9 - HC-KAR CNR: KAHC010319442026 NC: 2026:KHC:53065 MFA No. 3347 of 2026 f) Appellant - claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 27 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA