- 1 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7555 OF 2025 (MV-I) BETWEEN: CHANDRAHASA D.C S/O CHIKKAMUNIYAPPA AGED ABOUT 55 YEARS RESIDING AT NO.43 NEAR TELEPHONE EXCHANGE MADHU NAGAR, 1ST WARD DOMMASANDRA, BENGALURU. &APPELLANT (BY SRI SREENIVASAIAH A, ADV.) AND: 1. MOHAMMAD NOUSHAD MELTHODI S/O VEERANKUTTY MELTHODI MELTHODI HOSUE, KOTTEPPARAMBIL NEAR PPMHSS KOTTUKKARA KONDOTTY, MALAPPURAM KERALA - 673 638. 2. THE MANAGER RELIANCE GENERAL INSURANCE CO. LTD., 5TH FLOOR, CENTENARY BUILDING NO.28, M.G.ROAD, BENGALURU - 560 001. &RESPONDENTS (BY SMT. T.N. MALATHI, ADV., FOR R-2; V/O DT. 23.10.2025, NOTICE TO R-1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 29.04.2025 PASSED IN MVC NO. 1796/2022 ON THE FILE OF THE XX ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, ACJM, BENGALURU (SCCH-22), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 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 1. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 29.04.2025 passed in MVC No.1796/2022 on the file of the MACT, XX Addl. Judge, Court of Small Causes and ACJM, Bengaluru. (hereinafter referred to as 'Tribunal' for short). 2. The injured claimant Chandrahasa D.C met with an accident on 05.03.2022 and filed claim petition before the tribunal claiming compensation of Rs.80,00,000/-. The tribunal considering the entire evidence on record granted an amount of Rs.10,37,718/- with interest at the rate of 6% p.a., from the date of petition till the date of deposit. Aggrieved by the said judgment and award, the appellant preferred this appeal. 3. Learned counsel for the appellant mainly contended that the appellant was doing building contract work and earning ¹50,000/- per month. But the Tribunal had taken the income as ¹15,500/- per month, which is on lower side. He also examined - 3 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 the doctor as PW.3 and he assessed the neurological disability as 43.33% and neurological disability is due to the head injury. The Tribunal has granted meager amounts under the other heads and thus requested for enhancement of the compensation. 4. Heard the arguments addressed on both sides. 5. Though the appellant stated that he was aged 52 years and doing building contract work and earning Rs.50,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, the notional income is considered as Rs.15,500/- per month as per the guidelines issued by the Karnataka Legal Services Authority. As the appellant was aged 52 years at the time of accident, the relevant multiplier is '11'. 6. The appellant has produced Ex.P.7 wound certificate and inpatient records under Ex.P.18 and he has also produced CT scan films, clinical notes, Neuro psychological assessment report, MRI report and MRI films. The appellant has also examined the Doctor as PW.3 and the Doctor assessed the disability as neurological disability to the extent of 43.33%. It was observed by the Tribunal that the appellant personally - 4 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 appeared before the Court and he was cross-examined and gave rational answers. Therefore, the Tribunal has taken the neurological disability to the whole body as 30%. But this Court finds it reasonable to take the disability as 40%. As the disability is more than 20% the appellant is entitled for future prospects as per the decision in the case of NEW INDIA ASSURANCE COMPANY LIMITED VS ABDUL S/O MEHABOOB TAHASILDAR in MFA No.103807 of 2016 C/W MFA No. 103835 of 2016 DTD. 27.05.2022. As the appellant is aged 52 years he is entitled for 10% future prospects. Accordingly, the 'Loss of future earning capacity due to permanent disability' comes to Rs.9,00,240/- (Rs.15,500 + 10% ×12×11×40%=Rs.8,18,400/- = Rs.9,00,240/-). 7. The amount granted by the Tribunal towards medical expenses of Rs.2,84,418/- is confirmed. The claimant was in the hospital for a period of fifteen days. Therefore, this Court deems fit to award compensation of Rs.75,000/- under the head <Pain and Suffering=, Rs.28,000/- under the head 'Attendant, food, nourishment and conveyance charges' and Rs.60,000/- under the head "Loss of Amenities". Considering - 5 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 the nature of injuries sustained and period of hospitalization, this Court finds that the claimant might not have attended any other work at least for a period of four months. Therefore, the compensation under the head of 'loss of income during laid up period' comes to Rs.62,000/- (Rs.15,500 x 4 months). Thus in all, compensation awarded by this Court is as below :- 8. The Tribunal has awarded the compensation of Rs.10,37,718/-, but the appellant/claimant is entitled to total Sl.Nos. Particulars Amount in Rs. 1. Loss of earning capacity due to permanent disability 9,00,240/- 2 Towards pain and sufferings 75,000/- 3 Towards loss of Amenities 60,000/- 4 Towards attendant, food, nourishment, and conveyance charges 28,000/- 5 Towards loss of income during laid up period 62,000/- 6 Towards medical expenses 2,84,418/- 7 Total Rs.14,09,658/- 8 Total compensation awarded by tribunal Rs.10,37,718/- 9 Enhanced compensation (14,09,658/- - 10,37,718/-) Rs.3,71,940/- - 6 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 compensation of Rs.14,09,658/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.3,71,940/- (Rs.14,09,658/- - Rs.10,37,718/-). 9. The Insurance Company has already deposited the award amount before the Tribunal. Hence, respondent No.2- Insurance Company is directed to deposit the enhanced compensation of Rs.3,71,940/- before the Tribunal with interest at the rate of 6% p.a., within one month from the date of this order. 10. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The impugned judgment and award dated 29.04.2025 passed in M.V.C.No.1796/2022 by the MACT, XX Addl. judge, Court of Small Causes and ACJM, Bengaluru is hereby modified holding that the appellant/claimant is entitled for enhanced compensation of Rs.3,71,940/- along with interest at the rate of 6% per annum from the date of claim petition till realization. - 7 - HC-KAR NC: 2026:KHC:20802 MFA No. 7555 of 2025 iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount of Rs.3,71,940/- along with interest at the rate of 6% per annum, before the Tribunal, within a period of one month from the date of this order. iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE NMS List No.: 1 Sl No.: 78