- 1 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO.8452/2025 (MV-I) BETWEEN: 1. MR. ALLABAKASH .K S/O KASIM SAB NOW AGED ABOUT 40 YEARS R/AT NO.154, WARD NO. 5 BATTALUNNISSA LAYOUT BHARAT PETROL BUNK BACK SIDE ANEKAL, BENGALURU DISTRICT-562 106. …APPELLANT (BY SRI. GIRI MALLAIAH, ADV.,) AND: 1. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., SHANTHI TOWERS, 5TH FLOOR NO. 141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR BENGALURU-560 043 BY ITS MANAGER. 2. SMT. NAVYASHREE .J W/O SIDDALINGA MAJOR R/O NELAMAKANAHALLI VILLAGE AND POST, MALAVALLI TALUK MANDYA DISTRICT-571 430. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADV., FOR R1 V/O/DTD:06.03.2026 NOTICE TO R2 D/W) Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS AND MODIFY THE JUDGMENT AND AWARD DATED 1ST DAY OF SEPTEMBER 2025, PASSED IN MVC NO.8006/2023, PASSED BY THE COURT OF 10TH ADDITIONAL SMALL CAUSES AND MOTOR ACCIDENT CLAIMS TRIBUNAL, X ADDL. JUDGE COURT OF SMALL CAUSES & MEMBER MACT AT BANGALORE (SCCH-16) AND PRAYS FOR ENHANCE COMPENSATION AS VALUED AND PRAYED IN THE CLAIM PETITION AND BY AWARDING SUCH SUM/RELIEF THAT THIS HON’BLE COURT FEELS JUST AND REASONABLE AND TO PASS SUCH CIRCUMSTANCES OF THE CASE AND ALLOW THE APPEAL WITH COST, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 01.09.2025 passed in MVC No. 8006/2023 by the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru (SCCH-16). 2. Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 1 – Insurer it is taken up for disposal. Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 3. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 29.09.2023 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-11-EV- 8770. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Loss of future income Rs.2,79,000.00 2 Medical expenses Rs.9,430.00 3 Pain and sufferings Rs.50,000.00 4 Attendant charges Rs.11,000.00 5 Food and nourishment Rs.8,800.00 6 Conveyance expenses Rs.10,000.00 7 Loss of income during treatment period Rs.46,500.00 8 Loss of amenities Rs.30,000.00 9 Future medical expenses Rs.20,000.00 Total Rs.4,64,730.00 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 1 – Insurer to Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 1 – Insurer. 6. The accident occurred on 29.09.2023 and as on the date of accident the claimant was aged 40 years. Considering the said age of the claimant, the Tribunal has applied multiplier of `15’. Claimant had sustained proximal tibia fracture schatzker type-4. 7. P.W.2 is the Doctor who had examined the claimant, assessed his disability and stated that claimant had sustained 45% disability to the lower limb and 15% to the whole body. The Tribunal has taken 10% disability to the whole body. In cases of disability to the lower limb, 1/3rd of the same is to be taken as the disability to the whole body. Therefore, disability to the whole body is taken at 15% as against 10% taken by the Tribunal. More Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 so, occupation of the claimant is driver. Ex.P.9 is copy of the driving license of the claimant and as per the same, he is authorized to drive light motor vehicle. Claimant, in his petition and in his evidence, has stated that his avocation is driver. Considering the said avocation of the claimant, his income is to be taken higher than the notional income fixed for un-skilled labour. Therefore, income of the claimant is taken at Rs.18,000/- per month. 8. In view of the above, loss of future income due to disability is calculated as under: 18,000 X 12 X 15 X 15% = Rs.4,86,000/- 9. The Tribunal has rightly awarded pain and suffering in a sum of Rs.50,000/-, loss of amenities in a sum of Rs.30,000/- and medical expenses in a sum of Rs.9,430/-. 10. Claimant was admitted in the hospital for 11 days and considering the same, he is entitled to attendant, conveyance, food and nourishment charges in a sum of Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 Rs.11,000/- (Rs.1,000 X 11 days). Therefore, claimant is not separately entitled to food and nourishment in a sum of Rs.8,800/- and conveyance expenses of Rs.10,000/- awarded by the Tribunal. 11. The Tribunal has awarded loss of income during laid up period by taking the monthly income of the claimant at Rs.15,500/-. Now monthly income of the claimant is taken at Rs.18,000/-. Therefore, claimant is entitled to loss of income during laid up period in a sum of Rs.54,000/- (Rs.18,000 X 3 months) as against Rs.46,500/- awarded by the Tribunal. 12. The Tribunal has awarded future medical expenses in a sum of Rs.20,000/-. P.W.2 – Doctor has stated that claimant has to undergo surgery for removal of implant and cost of the same would be Rs.25,000/-. Therefore, claimant is entitled to future medical expenses of Rs.25,000/- as against Rs.20,000/- awarded by the Tribunal. Claimant is not entitled to interest on enhanced Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 compensation under the head `future medical expenses’ of Rs.5,000/-. 13. In view of the above, claimant is entitled to total compensation under various heads as under: 1 Loss of future income Rs.4,86,000.00 2 Medical expenses Rs.9,430.00 3 Pain and sufferings Rs.50,000.00 4 Attendant charges Rs.11,000.00 5 Loss of income during treatment period Rs.54,000.00 6 Loss of amenities Rs.30,000.00 7 Future medical expenses Rs.25,000.00 Total Rs.6,65,430.00 14. Considering the above aspects claimant is entitled to total compensation of Rs.6,65,430/- as against Rs.4,64,730/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.2,00,730/- with interest. Respondent No. 1 – Insurer is liable to pay the said enhanced compensation with interest. 15. In view of the above, the following; Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010738022025 NC: 2026:KHC:55042 MFA No. 8452 of 2025 O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.2,00,700/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Appellant – Claimant is not entitled to interest on enhanced compensation towards future medical expenses in a sum of Rs.5,000/-. d) Respondent No. 1 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. e) Appellant - claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 30 Ct - MS Digitally Signed By: localhost JUDGE, HIGH COURT OF KARNATAKA