- 1 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 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. 3679 OF 2026 (MV-I) BETWEEN: MR YATHISH M B S/O BASAVARAJU AGED ABOUT 24 YEARS R AT: KADABA, BITTAKODANAHALLI POST GUBBI TALUK TUMKUR DISTRICT – 572 219. PRESENT ADDRESS: R/AT No. 2, 1ST MAIN 2ND CROSS, RAJEEVGANDHINAGAR NEAR GOVT SCHOOL, LAGGERE BENGALURU - 560 068. …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: 1. MR H R CHANDRASHEKAR S/O T REVANNA JALAGARA DIBBA HONNUDIKE POST GULURU HOBI TUMKUR – 572 122. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 2. THE MANAGER THE HDFC ERGO GENERAL INSURANCE CO. LTD., GROUND FLOOR, ACR TOWER 32 RESIDENCY ROAD, OPP. SBI BANK ASHOK NAGAR BENGALURU - 560 025. …RESPONDENTS (BY SRI. RAVIKUMARA B R, ADVOCATE FOR R1 SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:11/12/2025 PASSED IN MVC No.2481/2023 ON THE FILE OF THE II ADDL. SMALL CAUSES JUDGE, ACJM AND MEMBER- MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, 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 11.12.2025 passed in MVC No.2481/2023 by the II Additional Judge, Court of Small Causes, Member, MACT, Bengaluru (SCCH-13). Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 2. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 15.04.2023 contending that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KA-06- HJ-9837. 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. Loss of future earnings 4,14,720/- 02. Pain and sufferings 75,000/- 03. Loss of amenities 50,000/- 04. Medical expenses 42,426/- 05. Future medical expenses 20,000/- 06. Conveyance, food, nourishment and attendant charges 1,00,000/- 07. Loss of income during laid up period 96,000/- Total 7,98,146/- 3. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 interest. The claimant seeking enhancement of compensation has filed the present appeal. 4. Heard learned counsel for the appellant and learned counsel for respondent No.2/insurer. 5. The accident occurred on 15.04.2023 and as on date of accident, claimant was aged 21 years. Considering the said age of the claimant, the Tribunal has rightly applied multiplier ‘18’. The accident occurred in the year 2023 and the notional income for the said year as fixed by the Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. 6. The claimant has sustained communited displaced fracture of the mid-shaft of the right tibia along with fracture of both bones. Considering the said injuries, the compensation awarded towards pain and suffering is just and proper. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 7. The claimant has been admitted in the hospital for 155 days. Considering the same, the claimant is entitled to attendant, conveyance, food and nourishment etc. in a sum of Rs.1,55,000/- (Rs.1000 x 155 days) as against Rs.1,00,000/- awarded by the Tribunal. 8. The Tribunal has awarded a sum of Rs.96,000/- towards loss of income during laid up period for a period of six months taking the notional income at Rs.16,000/- p.m. Since the notional income is taken as Rs.16,250/- , the claimant is entitled to a sum of Rs.97,500/- towards loss of income during laid up period. 9. PW.2 is the Doctor who has examined the claimant and assessed the disability and he has stated that the claimant has sustained 46% disability to the right lower limb and the Tribunal has taken the disability to the whole body at 12%. In cases of disability to lower limb, 1/3rd of the same has to be taken as disability to the whole body. Therefore, the disability to the whole body is to be Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 taken at 15%. In view of the same, the loss of future income due to disability is calculated as under: Rs.16,250 x 12 x 18 x 15% = Rs.5,26,250/- 10. PW.2 – Doctor has stated that the fracture is not united and considering the same, the claimant has to undergo surgery for the same and therefore, he is entitled to future medical expenses of Rs.30,000/- as against Rs.20,000/- awarded by the Tribunal. 11. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 75,000/- 02. Loss of amenities 50,000/- 03. Medical expenses 42,426/- 04. Future medical expenses 30,000/- 05. Attendant, conveyance, food and nourishment etc. 1,55,000/- 06. Loss of income during laid up period 97,500/- 07. Loss of future income 5,26,500/- Total 9,76,426/- 12. Considering the above aspects, the claimant is entitled to total compensation of Rs.9,76,426/- as against Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 Rs.7,98,146/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.1,78,280/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. The Tribunal has passed the order to pay and recover and the same is not disturbed. 13. 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.1,78,280/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day and it is at liberty to recover the same from the owner/respondent No.1. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010358502026 NC: 2026:KHC:52473 MFA No. 3679 of 2026 iv) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 15 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA