- 1 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3132 OF 2026 (MV-I) BETWEEN: UTTARAKUMAR KANNAN S/O. KANNAN AGED ABOUT 36 YEARS R/AT. NO.2/381, COLONY WEST STREET, MELAPALANGUR, VILLUPURAM TAMIL NADU - 606 205. …APPELLANT (BY SRI. CHANDRASHEKAR SWAMY K.B, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, REP. BY ITS MANAGER 5TH AND 6TH FLOOR KRISHI BHAVAN, HUDSON CIRCLE, BANGALORE - 560 001. 2. ASWINI C/O RAJESH K AGED ABOUT 46 YEARS R/AT NO.11/4, 6TH MAIN 7TH CROSS, HONGASANDRA BEGURU ROAD, BOMMANAHALLI - 2 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 BANGALORE - 560 068. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R1; VIDE ORDER DATED 28.07.2026, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.11.2025 PASSED IN MVC NO. 2337/2024 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-13), 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 This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 20.11.2025 passed in MVC No.2337/2024 by II Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-13). Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.1/Insurer. 3. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 29.02.2024 due to the rash and negligent driving of the driver of the car bearing registration No.KA-41-B-0572. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future earnings Rs. 3,80,160 2. Pain and Sufferings Rs. 50,000 3. Loss of amenities Rs. 35,000 4. Medical expenses Rs. 26,301 5. Future Medical expenses Rs. 15,000 6. Conveyance, Food, Nourishment & Attendant charges Rs. 10,000 7. Loss of income during laid up period Rs. 66,000 Total Rs. 5,82,461 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 5. The tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.1/Insurer to deposit the awarded amount with interest. The present appeal is filed by the claimant seeking enhancement of the compensation awarded by the Tribunal. 6. Heard the learned counsel for the appellant and learned counsel for respondent No.1/Insurer. 7. The accident occurred on 29.02.2024 and as on the date of the accident, the claimant was aged 36 years. Considering the age of the claimant, the Tribunal has rightly applied multiplier '16'. The notional income fixed for the year 2024 by Karnataka State Legal Service Authority is Rs.17,000/- and the said income is to be taken as against Rs.16,500/- taken by the Tribunal. 8. The claimant sustained fracture of left tibia and fibula and second and third left metatarsal fractures and abrasions over the left arm and forearm. Considering the said injuries/fractures, the compensation awarded by the Tribunal Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 towards pain and suffering in a sum of Rs.50,000/- is enhanced to Rs.60,000/- and loss of amenities awarded in a sum of Rs.35,000/- is enhanced to Rs.45,000/-. The claimant has been admitted in the hospital for 19 days. Considering the same, the claimant is entitled to attendant, conveyance charges, food, nourishment etc., in a sum of Rs.19,000 (1,000 x 19 days) as against Rs.10,000/- awarded by the Tribunal. The tribunal has awarded loss of income during laid up period for 4 months taking the income at Rs.16,500/- per month. Now income taken is Rs.17,000/-. Therefore the claimant is entitled to a sum of Rs.68,000/- (17,000 x 4 months) towards loss of income during laid up period. 9. PW-2 is the Doctor who has examined the claimant, assessed his disability and stated that the claimant has sustained 60% disability to the left lower limb and 20% to the whole body and Tribunal has taken disability at 12%. The claimant is aged 36 years and he is stated to be working as a salesman in D-Mart. Considering the said avocation of the claimant, the functional disability is to be taken at 20%. The PW-2 Doctor has stated that the fractures are not united. As Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 disability taken is 20%, the claimant is entitled to future prospects at 40%. In view of the above, the claimant is entitled to loss of future income due to disability as under:- Rs.17,000 x 12 x 16 x 20% = 6,52,800/- + 40% (2,61,120) = 9,13,920/-. 10. PW-2 Doctor has stated that the claimant has to undergo surgery for removal of implant and considering the same, the claimant is entitled to future medical expenses in a sum of Rs.30,000/- as against Rs.15,000/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses based on the bills. 11. In view of the above, the claimant is entitled to total compensation under various heads as under:- Sl. No. Particulars Amount 1. Loss of future income Rs. 9,13,920 2. Pain and suffering Rs. 60,000 3. Loss of amenities Rs. 45,000 4. Loss of income during laid up period Rs. 68,000 5. Medical expenses Rs. 26,301 6. Attendant, Conveyance, Food, Nourishment charges Rs. 19,000 7. Future medical expenses Rs. 30,000 Total Rs. 11,62,221 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 12. The claimant is entitled to total compensation of Rs.11,62,221/- as against Rs.5,82,461/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.5,79,760/- with interest at the rate of 6% per annum from the date of petition till realization. 13. The claimant is not entitled to interest on enhanced future medical expenses of Rs.15,000/-. 14. Respondent no. 1/Insurer is liable to pay the said enhanced compensation with interest. 15. In view of the above, the following:- ORDER I. The appeal is allowed in part. II. The appellant/claimant is entitled to enhanced compensation of Rs.5,79,760/- with interest at the rate of 6% per annum from the date of petition till realization. III. The claimant is not entitled to interest on enhanced future medical expenses of Rs.15,000/-. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010297612026 NC: 2026:KHC:51696 MFA No. 3132 of 2026 IV. Respondent No.1/Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. V. The appellant/claimant is entitled to release of entire enhanced compensation with interest. (SHIVASHANKAR AMARANNAVAR) JUDGE VS List No.: 1 Sl No.: 28 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA