- 1 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2917 OF 2026 (MV-I) BETWEEN: SHRI.CHETAN H.K S/O H N KRISHNA REDDY AGED ABOUT 35 YEARS RESIDING AT: 1605, VINAYAKA NAGAR 1ST CROSS, NEAR SHRI RAMA TEMPLE HEBBAGODI, BENGALURU SOUTH BENGALURU-560 009. …APPELLANT (BY SRI GURUDEVA PRASAD K T, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE CO. LTD., BY ITS MANAGER 3RD PARTY CLAIMS HUB No.9/2, MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU-560 001. 2. JEEVAN JACOB.T AGED ABOUT 35 YEARS R/AT KALLARAKKAL THEKKEPURA VEEDU Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 ELAMPALLOOR, KOLAM KUNDARA, KERALA-691 501. …RESPONDENTS (BY SRI. G S MARULAIAH, ADVOCATE FOR R1 V/O DTD. 12.6.2026,NOTICE TO R2 IS D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:15.03.2025 PASSED IN MVC No.5422/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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 15.03.2025 passed in MVC No.5422/2022 by the III Additional Judge, Court of Small Causes, Member, MACT, Bengaluru (SCCH-18). 2. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 14.09.2022 contending Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 that the accident occurred due to rash and negligent driving of the rider of motor cycle bearing Regn.No.KL-02- BN-6595. 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. Pain and suffering 40,000/- 02. Loss of income during laid up period and rest period 31,000/- 03. Medical expenses 1,59,765/- 04. Attendant, Nourishment and Conveyance charges 10,000/- 05. Loss of future income due to disability 3,57,120/- 06. Loss of amenities 20,000/- 07. Future medical expenses 25,000/- Total 6,42,885/- 3. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.1/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 4. Heard learned counsel for the appellant and learned counsel for respondent No.1/insurer. 5. The accident occurred on 14.09.2022 and as on the date of accident, the claimant was aged 31 years and considering the same, the Tribunal has rightly applied multiplier ‘16’. The Tribunal has taken the notional income of Rs.15,500/- p.m. and taken disability at 12%. The claimant is not seeking any enhancement under loss of future income due to disability. 6. The claimant has sustained fracture of right leg both bones. Considering the said fracture, the compensation awarded towards pain and suffering by the Tribunal in a sum of Rs.40,000/- is enhanced to Rs.70,000/- and loss of amenities in a sum of Rs.20,000/- is enhanced to Rs.60,000/-. 7. Considering the fracture, the claimant has to take rest atleast for 3 months. Therefore, the claimant is Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 entitled to loss of income during laid up period in a sum of Rs.46,500/- (Rs.15,500 x 3 months) as against Rs.31,000/- awarded by the Tribunal. The claimant has been fixed with implants and he has to undergo surgery for removal of implants. Considering the same, the claimant is entitled to future medical expenses in a sum of Rs.30,000/- as against Rs.25,000/-. The Tribunal has rightly awarded loss of income during laid up period, attendant, nourishment, conveyance charges and medical expenses. 8. In view of the above, the claimant is entitled to enhanced compensation as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 30,000/- 02. Loss of amenities 40,000/- 03. Loss of income during laid up period 15,500/- 04. Future medical expenses 5,000/- Total 90,500/- 9. Considering the above aspects, the claimant is entitled to enhanced compensation of Rs.90,500/-. The Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 claimant is not entitled to interest on enhanced future medical expenses of Rs.5,000/-. The claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.85,500/-. The claimant is not entitled to interest for the delay period of 308 days in filing the appeal as per order dated 24.09.2026 passed on I.A.1/2026. Respondent No.1/insurer is liable to pay the said enhanced compensation with interest. 10. 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.90,500/-. iii) The appellant/claimant is not entitled to interest on enhanced future medical expenses of Rs.5,000/-. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010285172026 NC: 2026:KHC:52819 MFA No. 2917 of 2026 iv) The appellant/claimant is entitled to interest @ 6% p.a. from the date of petition till realization on Rs.85,500/-. v) Respondent No.1/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. vi) The appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 14 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA