- 1 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3138 OF 2026 (MV-I) BETWEEN: HANAMANTHARAYA S/O SIDDARAMA AGED ABOUT 28 YEARS R/AT MALLABAD GULBARGA-585 301. …APPELLANT (BY SRI CHANDRASHEKAR SWAMY K B, ADVOCATE) AND: 1. MAGMA HDI GEN INSURANCE CO. LTD REP BY ITS MANAGER 1ST FLOOR, HM ASTRID No.36, JC ROAD BANGALORE-560 002. 2. SRI SINGARAVELAN S/O KULLAPPA AGED ABOUT 52 YEARS R/AT 376, 1ST MAIN, 1ST CROSS CHOODASANDRA CIRCLE Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 OM SAKTHI LAYOUT, ANEKAL BENGALURU – 562 107. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B. PRADEEP, ADVOCATE FOR R1 V/O DTD. 02.06.2026, NOTICE TO R2 I DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:09/12/2025 PASSED IN MVC No.7759/2023 ON THE FILE OF THE XIII ADDL. SMALL CAUSES AND ACJM AND ADDL. MACT., BENGALURU (SCCH -15), PARTLY 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 09.12.2025 passed in MVC No.7759/2023 by the XIII Additional Small Causes Judge, Court of Small Causes, Member, MACT-15, Bengaluru. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 learned counsel for appellant and learned counsel for respondent No.1/insurer. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 02.11.2023 contending that the accident occurred due to rash and negligent driving of the driver of goods vehicle bearing Regn.No.KA- 51-AJ-1973. 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, shock and suffering 30,000/- 02. Loss of amenities 20,000/- 03. Loss of income during the laid up period 64,000/- 04. Attendant’s charges, extra diet, and conveyance 20,000/- 05. Medical expenses 3,31,972/- 06. Loss of future income 4,24,320/- 07. Future medical expenses 20,000/- Total 9,10,292/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 4. 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. 5. Heard learned counsel for the appellant and learned counsel for respondent No.1/insurer. 6. The accident occurred on 02.11.2023 and as on the date of accident, the claimant was aged 26 years. Considering the age of the claimant, the Tribunal has rightly applied multiplier ‘17’. The notional income fixed for the year 2023 is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal. The disability taken at 13% by the Tribunal is not disputed. In view of the same, the loss of future income due to disability is calculated as under: Rs.16,250 x 12 x 17 x 13% = Rs.4,30,950/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 7. The claimant has sustained left proximal tibia fracture. Considering the said injury the claimant is entitled to pain and suffering in a sum of Rs.40,000/- as against Rs.30,000/- awarded by the Tribunal and loss of amenities in a sum of Rs.30,000/- as against Rs.20,000/- awarded by the Tribunal. 8. PW.2 - Doctor has stated that the claimant has to undergo surgery for removal of implants and therefore, the claimant is entitled to future medical expenses in a sum of Rs.30,000/- as against Rs.20,000/- awarded by the Tribunal. The compensation awarded by the Tribunal towards loss of income during laid up period, attendant and conveyance charges and medical expenses are just and proper. 9. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 40,000/- 02. Loss of amenities 30,000/- 03. Future medical expenses 30,000/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 04. Loss of income during laid up period 64,000/- 05. Attendant and conveyance charges 20,000/- 06. Medical expenses 3,31,972/- 07. Loss of future income 4,30,950/- Total 9,46,922/- 10. Considering the above aspects, the claimant is entitled to total compensation of Rs.9,46,922/- as against Rs.9,10,292/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.36,630/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.1/insurer is liable to pay the said enhanced compensation with interest. 11. 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.36,630/- with Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010297592026 NC: 2026:KHC:54438 MFA No. 3138 of 2026 interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.1/insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. iv) Appellant/claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 37 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA