- 1 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4815 OF 2024 (MV-I) BETWEEN: JEEVAN D N S/O NAGESH K R AGED ABOUT 18 YEARS R/O DEVARAJANAHALLI VILLAGE KUNDURU HOBLI, ALUR TALUK HASSAN DISTRICT-573 201 &APPELLANT (BY SRI H J ANANDA, ADVOCATE) AND: 1. DINESH K R S/O RANGEGOWDA AGED ABOUT 51 YEARS R/O DEVARAJANAHALLI VILLAGE KUNDURU HOBLI, ALUR TALUK HASSAN DISTRICT-573 201 2. THE MANAGER NATIONAL INSURANCE CO. LTD. MANJUNATHA COMPLEX OLD BUS STAND ROAD HASSAN-573 201 &RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R2; NOTICE TO R1 SERVED AND UNREPRESENTED) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC NO.100/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, ADDITIONAL MACT, HASSAN AND ETC. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 03.10.2023 passed in MVC No.100/2021 on the file of the Principal Senior Civil Judge and CJM and Member, Additional MACT, Hassan, for enhancement of compensation. 2. Heard the arguments of the learned counsel appearing for the respective parties. 3. The appellant/claimant who was a minor met with an accident on 16.04.2020 and filed claim petition before the Tribunal claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,86,200/- with interest at the rate of 6% p.a. from the date - 3 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 of petition till its realization. Being aggrieved by the said order, this appeal is filed. 4. The learned counsel for the appellant mainly contented that the Tribunal has granted meager amount on the conventional heads. As per the documents at Ex.P4 and P5 3 wound certificate, the appellant has sustained the following injuries: Abrasion on mid 1/3rd of left leg; Fracture of both bones of left leg. 5. As per the wound certificate, first injury is simple in nature and second injury is grievous in nature. The doctor has assessed the permanent physical disability of 20% to the left lower limb. But the Tribunal has awarded only Rs.1,00,000/- towards loss of future income due to disability without adopting the multiplier method. Thus, requested for enhancement of the compensation. 6. The learned counsel for respondent No.2 submits that the Tribunal has rightly granted the reasonable amount of Rs.1,00,000/- towards loss of future income due to disability as - 4 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 per the decision of the Apex Court in the case of MASTER MALLIKARJUNA vs DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. reported in LAWS SCC 2013 (8) (65). The amount awarded in other heads needs no interference. 7. Heard the arguments of both sides. As per the evidence of the doctor, the appellant has sustained 20% disability to the left lower limb. Considering 1/3rd of 20% comes to 7% and the same is below 10%. Hence, the Tribunal rightly granted an amount of Rs.1,00,000/- towards 8loss of future income due to disability9 considering the judgment of MASTER MALLIKARJUNA referred supra. 8. The Tribunal has taken treatment for 156 days as an inpatient as per Ex.P12 and this Court finds it reasonable to award Rs.40,000/- towards 8nourishment, attendant, food, etc. Considering the nature of the injuries, this Court finds it reasonable to award Rs.60,000/- towards 8pain and sufferings9, Rs.30,000/- towards 8loss of amenities9. - 5 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 9. The Tribunal granted Rs.95,000/- towards 8medical expenses9 considering the documents and it is confirmed. 10. Thus, in all, components awarded by this Court are as under: Particulars Compensation granted by Tribunal Compensation enhanced by the High Court 1 Pain and suffering 40,000.00 60,000.00 2 Loss of amenities 20,000.00 30,000.00 3 Rest, nourishment and attendant charges 31,200.00 40,000.00 4 Medical expenses 95,000.00 95,000.00 5 Loss of future income due to disability 1,00,000.00 1,00,000.00 Total 2,86,200.00 3,25,000.00 Hence, the appellant is entitled for a total compensation of Rs.3,25,000/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount before the Tribunal. 11. In the result, the following order is passed: - 6 - HC-KAR NC: 2026:KHC:14344 MFA No. 4815 of 2024 ORDER I. The appeal is allowed in part. II. The judgment and award dated 03.10.2023 passed in MVC No.100/2021 by the Principal Senior Civil Judge and CJM and Member, Additional MACT, Hassan is modified. III. The appellant is entitled to a sum of Rs.3,25,000/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.2,86,200/- granted by the Tribunal. IV. Respondent No.2 is directed to deposit enhanced compensation of Rs.38,800/- with interest at 6% p.a. within one month from the date of this order and on such deposit, the father of the appellant is permitted to withdraw the entire amount along with interest accrued on the same since already he incurred huge medical expenses. V. The appellant is not entitled for the interest for the delayed period of 199 days in filing the appeal as per the order dated 13.11.2025. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE SN