- 1 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3404 OF 2025 (MV-I) BETWEEN: SRI SHEKHARAPPA S/O DYAVANAIK AGED ABOUT 45 YEARS R/AT HOLEKOPPA PADAVAGODU, SAGAR, SHIVAMOGGA – 577 434. …APPELLANT (BY SRI K V NAIK, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD MVC HUB KRISHI BHAVAN HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU -1. (POLICY ISSUED BY ITS OFFICE IN POLICY No.34020131230160034206 DATE OF VALIDITY FROM 05/08/2023 TO 04/08/2024). Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 2. SRI PANCHAPPA S/O KANNAPPA MAJOR R/AT ULAVI (AY AND PO) SORABA (TALUK) SHIMOGA – 577 434. …RESPONDENTS (BY SRI RAVISHANKAR A, ADVOCATE FOR R1 V/O DTD. 13.11.2025, NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 05.02.2025 PASSED IN MVC No.1777/2024 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, ACJM, BENGALURU SCCH- 5, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING 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 05.02.2025 passed in MVC No. 1777/2024 by the VIII Additional Judge, Court of Small Causes and MACT, Bengaluru, (SCCH-5). Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 2. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 12.02.2024 due to the rash and negligent driving by the driver of car bearing registration No. KA-34-M-8491. 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.3,70,440.00 2 Pain and suffering Rs.15,000.00 3 Conveyance, nourishment and attendant charges Rs.15,000.00 4 Loss of amenities in life Rs.15,000.00 5 Loss of income during laid up period Rs.5,250.00 Total Rs.4,20,690.00 3. 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. 1 – Insurer to deposit the said award amount with interest. Claimant Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 seeking enhancement of the compensation awarded, has filed the present appeal. 4. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 1 – Insurer. 5. Date of accident is 12.02.2024 and as on the date of accident claimant was aged 43 years. Considering the age of the claimant the Tribunal has rightly applied multiplier `15’. The accident occurred in the year 2024 and the notional income fixed for the said year by the Karnataka State Legal Services Authority is Rs.17,000/-. Therefore, said income is to be taken as against Rs.16,250/- taken by the Tribunal. 6. Claimant had sustained the following injuries: i. Type I open (compound) fracture shaft of lower one third of left femur ii. Fracture of iliac bone Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 7. Considering the said fractures compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.15,000/- is enhanced to Rs.50,000/- and loss of amenities awarded in a sum of Rs.15,000/- is enhanced to Rs.40,000/-. 8. Claimant was admitted in the hospital for 10 days and considering the same the Tribunal has rightly awarded Rs.15,000/- towards food, nourishment and attendant charges. 9. Claimant’s avocation is agriculture and business. Considering the same and the fractures sustained, claimant had to take rest for two months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.34,000/- (Rs.17,000 X 2 months) as against Rs.5,250/- awarded by the Tribunal. 10. P.W.2 is the Doctor who has examined the claimant, assessed the disability and stated that claimant had sustained 42.75% disability to the left lower limb. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 Considering the same the Tribunal has rightly taken the disability to the whole body at 14%. 11. Considering the same loss of income due to disability is calculated as under: 17,000 X 12 X 14 X 14% = Rs.3,99,840/- 12. P.W.2 – Doctor has stated that claimant is fixed with implant and he has to undergo surgery for removal of implant. Considering the same, claimant is entitled to future medical expenses in a sum of Rs.30,000/-. 13. In view of the above, claimant is entitled to total compensation under various heads as under: 1 Pain and suffering Rs.50,000/- 2 Loss of amenities Rs.40,000/- 3 Loss of income during laid up period Rs.34,000/- 4 Conveyance, nourishment and attendant charges Rs.15,000/- 5 Future medical expenses Rs.30,000/- 6 Loss of income due to disability Rs.3,99,840/- Total Rs.5,68,840/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 14. Considering the above aspects claimant is entitled to total compensation of Rs.5,68,840/- as against Rs.4,20,690/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.1,48,150/-. Respondent No. 1 – Insurer is liable to pay the said enhanced compensation with interest. 15. 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.1,48,150/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 1 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. d) Appellant - claimant is entitled to release of entire enhanced compensation. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010307822025 NC: 2026:KHC:52906 MFA No. 3404 of 2025 e) Appellant – claimant is not entitled interest on compensation awarded towards future medical expenses in a sum of Rs.30,000/-. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 32 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA