- 1 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6780 OF 2025 (MV-I) BETWEEN: SRI. RAGHU G S/O LATE K.C.GANGAIAH NOW AGED ABOUT 43 YEAR RESIDING AT: AMBEDKARNAGARA KUNIGAL TOWN, KUNIGAL TUMAKURU DISTRICT-572 130 &APPELLANT (BY SRI. B CHANDRASHEKHARAIAH., ADVOCATE) AND: 1. MR. DASAPPA S/O SANNARANGAIAH MAJOR (AGE OF R-1 NOT KNOWN TO APPELLANT ) RESIDING AT BANASANDRA VILLAGE KASABA HOBLI, TURUVEKERE TALUK TUMAKURU DISTRICT-572 212. 2. CHOLA .M.S. GENERAL INSURANCE COMPANY LTD., UNIT.NO.4, 9TH FLOOR LEVEL - 06 GOLDEN HEIGHTS COMPLEX, 59TH 8C9 CROSS, IDUSTRIAL SUBURB RAJAJINAGAR, 4TH 8M9 BLOCK BENGALURU -560 010 BY ITS MANAGER &RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R2, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 V/O DTD 05.01.2026, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2024 PASSED IN MVC NO. 6704/2022 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU,(SCCH-25), 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Tribunal passed a common award in MVC Nos.6704/2022 and 6705/2022. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 02.12.2024 passed in MVC NO.6704/2022 by the XXIII Additional Small Causes Judge, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 13.09.2022 and filed claim petition claiming compensation of Rs.25,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.9,39,250/- along with interest rate of 6% p.a., from date of petition till realisation. 4. Aggreived by the said order, he preferred an appeal and mainly contended that he sustained multiple fractures which are grievous in nature. He was admitted in the hospital as an inpatient for 16 days and doctor assessed the disability of right lower limb as 65% and the whole body as 32.5%. However, the Tribunal has considered disability as 22%. Further, it is submitted that the petitioner incurred Rs.2,00,000/- towards medical expenses and he requires Rs.50,000/- more for removal of the implant. The petitioner was doing labour work and was earning Rs.20,000/- per month. However, the Tribunal - 4 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 granted meager amounts under the other heads and thus requested for enhancement of the compensation. 5. Though the petitioner stated that he was earning Rs.20,000/- per month, he has not filed any income poof. As he met with an accident in the year 2022, this Court finds it reasonable to take his notional income as Rs.15,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 39 years and the relevant multiplier to be taken as 8159. Ex.P4 is the Wound Certificate and Ex.P6 is the Discharge Summary. Petitioner also examined doctor as PW3 who is an Orthopedic Surgeon. The doctor stated that the petitioner sustained (1) facial avulsion all around the face, (2) deep cut over right knee (3) type III open fracture of right lateral femoral condyle, (4) proximal tibia and fibula fracture with communited patella fracture of right knee and (5) fracture of bilateral frontal injury of right maxillary sinus and nasal bone septum and underwent external fixation and internal fixation lateral underwent removal of - 5 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 the external fixation and was admitted in the hospital for 16 days. Inspite of the treatment, the petitioner suffering from difficulties to bear weight stand, walk for long time, limping, in sitting and squatting. Further, the doctor assessed the permanent physical disability of 65% to the right lower limb and 32.5% to the whole body and also stated that she requires another surgery for removal of the implants. Tribunal has already considered 1/3rd of 65% ie,.22% as the disability is more than 20%, he is entitled for future prospects as per the citation in the New India Assurance Co. Ltd. v. Abdul & Anr., in MFA No.103807/2016 (MV) passed by co-ordinate bench of this court. The petitioner was aged 39 years, therefore he is entitled for 40% towards future prospects. Hence, the loss of future earning capacity comes to Rs.15,500 + 40% x 12 x 15 x 22% = Rs.8,59,000/-. The Tribunal granted Rs.1,28,836/- towards medical expenses and the said amount is confirmed. He was hospitalized for a period of 16 days. Therefore, considering the nature of injuries, - 6 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 period of hospitalisation and other relevant factors, as Tribunal already granted Rs.80,000/- for pain and suffering and the same is confirmed. He is also entitled for Rs.30,000/- for loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work for a period of 4 months. Therefore, Rs.62,000/- is to be granted under the head loss of income during laid up period. Tribunal already granted Rs.25,000/- towards future medical expenses and it is confirmed. 6. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 8,59,320 2 Pain and suffering 80,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant 40,000 - 7 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.9,39,300/- to Rs.12,25,156/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 02.12.2024 passed in MVC No. 6704/2022 on the file of the XXIII Additional Small Causes Judge, Motor Accident Claims Tribunal, Court Of Small Causes, Bengaluru, is modified. charges. 5 Loss of income during laid down period 62,000 6 Future medical expenses 25,000 7 Medical Bills 1,28,836 Total 12,25,156 - 8 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 iii. The claimant is entitled to a sum of Rs.12,25,156/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. Rs.9,39,300/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit Rs.2,85,856/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. - 9 - HC-KAR NC: 2026:KHC:18485 MFA No. 6780 of 2025 vi. On 05.01.2026, the delay of 189 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, Insurance Company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 56