- 1 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 173 OF 2025 (MV-I) BETWEEN: RAJADURAI S/O ARUMUGAM, AGED ABOUT 44 YEARS, R/AT C/O ULLAREDDY BUILDING, NERALUR, ANEKAL,BENGALURU URBAN, NATIVE ADDRESS: NO.625, VEDAMKUPPAM MAIN ROAD, AMBETHAKARNAGAR, MELPULUDIYUR, TIRUVANAMALAI, CHENGAM, T.N. …APPELLANT (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. CHANDRAPPA S/O HANUMANTHAPPA MEKANAHATTI, ADANUR POST, HOLALKERE, CHITRADURGA, BENGALURU-577 526. 2. THE MANAGER NATIONAL INSURANCE CO LTD., R O NO.144, II FLOOR, SHUBHARAM COMPLEX, M G ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2, V/O DTD:06.01.2026 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.08.2024 PASSED IN MVC NO.1043/2021 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.08.2024 passed in MVC No.1043/2021 on the file of the Chief Judge, Court Of Small Causes, Member, PRL. MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The Injured claimant aged 41 years, met with an accident on 31.01.2021 and filed claim petition claiming - 3 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record, granted Rs.3,29,070/- along with interest at the rate of 6% from date of filing of the petition, till the date of realisation. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for appellant contented that the petitioner examined PW2 and PW3, the doctors and each of them assessed 20% of disability, but the Tribunal has not considered the disability. The tribunal granted meager amount for pain and suffering and loss of amenities and other incidental charges, though he suffered grievous injuries. The Tribunal has not granted Rs.25,000/- towards removal of the implants, though PW3/doctor stated that he requires another surgery for removal of the implants and thus requested for enhancement of the compensation. 5. Learned counsel for respondent No.2 contended that both of them are not treating doctors and there is no disability for fracture of maxillary sinus and PW3/doctor stated that there is 20% disability to the whole body, but - 4 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 as per his evidence there is only mal-united fracture of fibia and thus the disability can be assessed as 13%. The petitioner examined PW2/a dental surgeon and he stated that the petitioner sustained fracture of maxillary sinus and thus he has physical ortho facial disability and disfiguration, accordingly assessed the permanent disability to the upper jaw at 20%. He further stated that the ability to bite hard food will be restricted to 50%. In the cross examination, he admitted that fracture of maxillary sinus is now healed as per Ex.P6. The PW3 is an orthopedic surgeon and he stated that petitioner sustained head injury, right occipital SAH- Segmental fracture both bones left Leg – Nasal bone fracture – suspicious fracture right maxillary sinus and other multiple injuries. Permanent physical disability 40% (Dental 20% +Ortho 20%) to the whole body. He has gone through the wound certificate and discharge summaries and as per the extract, he stated that there is united fracture tibia with implants in situ and mal-united fracture of fibula and - 5 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 assessed the disability of the left lower limb as 40% and that of the whole body disability as 20%. He further stated that the patient is a carpenter and he requires another surgery for removal of the implants and it costs around Rs.25,000/-. Considering the nature of injuries sustained by the petitioner, his occupation and the disability assessed by both the doctors, this Court finds it reasonable to take his disability as 15%. 6. The petitioner has not produced any income proof. As he met with an accident on 31.01.2021, the Tribunal has rightly considered his notional income as Rs.15,000/- as per the guidelines of the Karnataka State Legal Services Authority. The age of the petitioner was 41 years and the multiplier is 14. Therefore, loss of future earning capacity comes to Rs.15,000 X 12 X 14 X 15% = Rs.3,78,000/-. The petitioner was hospitalized for a period of 16 days. Further, he spent Rs.94,070/- towards medical expenses and it needs no interference. The Tribunal has granted reasonable amount under the other - 6 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 heads and they are confirmed. Apart from that, as per the evidence of PW3, petitioner is also entitled for a sum of Rs.25,000/- towards future medical expenses. 8. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Towards future earning capacity 3,78,000 2 Towards medical expenses 94,070 3 Towards pain and suffering 80,000 4 Towards attendant, conveyance and nourishment charges 20,000 5 Towards loss of income during laid up period 75,000 6 Towards loss of future amenities and unhappiness 60,000 7 Towards future medical expenses 25,000 Total 7,32,070 - 7 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 The compensation is enhanced from Rs.3,29,070/- granted by tribunal to Rs.7,32,070/- along with the interest at the rate of 6% p.a. As the Insurance company has already deposited the awarded amount before the tribunal, therefore claimant is entitled to a sum of Rs.4,03,000/- (Rs.7,32,070/- less Rs.3,29,070/-) along with interest at 6% p.a., from the date of petition till the date of realization. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.08.2024 passed in MVC No.1043/2021 on the file of the Chief Judge, Court Of Small Causes, Member, PRL. MACT, Bengaluru, is modified. - 8 - HC-KAR NC: 2026:KHC:438 MFA No. 173 of 2025 iii. The Insurance company is directed to deposit the balance amount after deducting the amount already paid ie., Rs.4,03,000/- (Rupees Four Lakhs and Three Thousand only) along with interest at 6% p.a., from the date of petition till the date of realization, within one month from the date of this order. iv. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 0