- 1 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 3967 OF 2026 (MV-I) BETWEEN: SRI. ARUN N., S/O. NAGARAJCHARI, AGED 24 YEARS, R/AT: NO.127, 1ST DIVISION, HAROHALLI TOWN AND TALUK, BANGALORE SOUTH DIST - 562 117. …APPELLANT (BY SMT. NITHYA ABHILASH, ADVOCATE FOR SRI. PRAKASH M H., ADVOCATE) AND: THE MANAGING DIRECTOR, KSRTC DEPT. K. H. ROAD, SHANTHINAGAR, BANGALORE - 560 027. …RESPONDENT (BY SMT. NAYANASHREE A.K., ADVOCATE FOR SRI. ASHOK N. NAYAK, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 29/01/2026 PASSED IN MVC NO. 1804/2025 ON THE FILE OF THE MOTOR VEHICLES ACCIDENT CLAIM TRIBUNAL, BENGALURU. (SCCH-17), PARTLY Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., 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 29.01.2026 passed in MVC No.1804/2025 by XIX Additional Judge, Court of Small Causes and MACT, Bengaluru (SCCH-17). 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent. 3. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 27.02.2025 contending that the accident occurred due to rash and negligent Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 driving of the driver of KSRTC Bus bearing registration No.KA-42/F-2158. 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. Towards Pain and Suffering 45,000/- 02. Towards Medical Expenses 4,91,200/- 03. Towards loss of income during laid up period 68,000/- 04. Towards Disability 3,67,200/- 05. Towards Food, nourishment and conveyance 30,000/- 05. Towards attendant charges 11,000/- 06. Towards loss of amenities 35,000/- 07. Towards Future medical expenses NIL Total 10,47,400/- 4. The Tribunal also awarded interest at the rate of 6% per annum from the date of petition till realization and directed respondent -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: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 5. Heard learned counsel for the appellant and learned counsel for respondent –insurer. 6. The accident occurred on 27.02.2023 and as on the date of accident the claimant was aged 23 years. Considering the said age of the claimant, the Tribunal has rightly applied multiplier ‘18’. The notional income fixed for the year 2025 by Karnataka State Legal Service Authority is Rs.18,000/- per month and the said income is to be taken as against Rs.17,000/- as taken by the Tribunal. The Tribunal has taken disability at 10% and the appellant - claimant has not disputed the said disability taken by the Tribunal. In view of above, loss of future income due to disability is calculated as under: Rs.18,000/-x12x18x10%= Rs.3,88,800/- 7. The claimant has sustained the following injuries: i) Concusive head injury- diffuse axonal injury grate –I Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 ii) Left parasymphyseal and right angle comminuted mandible fracture iii) Underwent open reduction internal fixation of left parasymphyseal+right angle of mandible fracture. Considering the said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.45,000/- is enhanced to Rs.90,000/- and loss of amenities awarded in a sum of Rs.25,000/- is enhanced to Rs.70,000/-. Considering the said injuries, the claimant has to take rest at least for 04 months and the Tribunal has awarded loss of income during laid up period for 04 months taking the income at Rs.17,000/- per month. As now income taken is Rs.18,000/- per month and therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.72,000/- (Rs.18,000/- x 04 months). The claimant has been admitted in the hospital for 11 days. Considering same, the Tribunal has rightly awarded attendant and conveyance charges, food and nourishment etc., in a sum of Rs.11,000/-. The claimant is not entitled Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 separately towards food and nourishment in a sum of Rs.30,000/- as awarded by the Tribunal. The Tribunal based on the documents has rightly awarded medical expenses of Rs.4,91,200/-. 8. In view of the above, the appellant -claimant is entitled to total compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Towards Pain and Suffering 90,000/- 02. Towards Medical Expenses 4,91,200/- 03. Towards loss of income during laid up period 72,000/- 04. Towards loss of future income to disability 3,88,800/- 05. Towards attendant, conveyance charges, food and nourishment etc., 11,000/- 06. Towards loss of amenities 70,000/- Total 11,23,000/- The claimant is entitled total compensation of Rs.11,23,000/- as against Rs.10,47,400/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.75,600/- with interest at the rate of 6% per annum from the date of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010374012026 NC: 2026:KHC:56141 MFA No. 3967 of 2026 petition till realization. The respondent is liable to pay the said enhanced compensation with interest. 9. 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.75,600/- with interest at the rate of 6% per annum from the date of petition till realization. iii) The respondent shall deposit the said enhanced compensation with interest within a period of 6 weeks from this day. iv) The appellant claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 29 CT:ABS Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA