- 1 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 189 OF 2025 (MV-I) BETWEEN: UDAYA KUMAR. J S/O JAYAPPA NOW AGED ABOUT 26 YEARS R/AT OPP CHURCH SOLUR MAGADI TALUK RAMANAGARA DIST 562 120 …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. ANAND KUMAR. S S/O SARANGAPANI AGED MAJOR, NO. 8 RAILWAY STATION ROAD 3RD CROSS, EAST MUTHUKADAI RANIPET, VELLORE DISTIRCT TAMIL NADU STATE 632 401 2. THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO LTD GOLDEN HEIGHTS 5TH FLOOR, 59TH CROSS 4TH M BLOCK, RAJAJINAGAR BANGALORE 560 010 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 VIDE ORDER DATED 21.01.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.11.2024 PASSED IN MVC NO.2258/2021 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-24), 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 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 common judgment and award dated 04.11.2024 passed in MVC Nos.2258/2021 and 2259/2021. However, MFA No.189/2025 is filed against the award passed in MVC No.2258/2021 by the XXII Additional Small Causes Judge and ACJM, Member, MACT, Bengaluru, (SCCH-24), for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 3. The petitioner/injured claimant met with an accident on 10.03.2021 and filed petition before the Tribunal for compensation of Rs.20,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,11,249/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the Tribunal has granted meager amounts under the conventional heads. Therefore, requested for enhancement of the compensation. 4. It is stated that the petitioner/injured claimant examined two doctors. PW.3, the Orthopaedic Surgeon, assessed the disability at 32% to the left lower limb and 16% to the whole body and PW.4, the Neurosurgeon, assessed 10% disability to the whole body. But the Tribunal has considered only 10% disability. The Tribunal has not added 40% towards future prospects and the interest is to be granted at the rate of 9% per annum. 5. Learned counsel for respondent No.2 contended that the Tribunal has rightly considered the disability assessed - 4 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 by the doctors and granted reasonable compensation, which does not call for any interference. 6. Though the petitioner stated that he was working as a coolie and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. As per Ex.P.10, the petitioner/injured was aged 23 years and the applicable multiplier is '18'. PW.3-Orthopaedic Surgeon stated that the petitioner/injured sustained the following injuries: 1. Fracture shaft of left femur; 2. Head injury with craniotomy. The petitioner/injured underwent an internal fixation of left femur and discharged on 01.04.2021. Based on the radiological examination, he found that the fracture is united with implants in situ and assessed the physical disability at 32% of left lower limb which is 16% of whole body. The petitioner/injured also examined PW.4-Neurosurgeon and he stated that the petitioner sustained injury to his head and lost - 5 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 consciousness. He was evaluated and admitted in NIMHANS, Bangalore on 11.03.2021. At the time of admission, his GCS was E1M4Vt. CT brain revealed left frontal extra dural hematoma with left frontal bone fracture. He underwent left frontal craniotomy and evacuation of haematoma and was discharged on 12.03.2021. Subsequently, he underwent surgery for left femur fracture on 20.03.2021. Skull X-ray revealed features of left frontal craniotomy with bone flap in situ and assessed the disability at 10% pertaining to the whole body, which is permanent in nature. 7. Considering the medical evidence of PW.3 and PW.4, this Court finds it reasonable to assess the permanent disability at 26% to the whole body (16% + 10%) instead of 10% taken by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.8,42,400/- (Rs.15,000 × 12 × 18 × 26%). The petitioner/injured was hospitalized for a period of 21 days. The Tribunal has granted Rs.7,249/- towards medical expenses and it is confirmed. This court finds it reasonable to confirm the amounts granted by the Tribunal under the other heads. - 6 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.10,39,649/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 7,249/- 3 Towards loss of comfort and amenities 50,000/- 4 Towards conveyance, attendant charges and nourishing food 35,000/- 5 Towards loss of income during laid up period 45,000/- 6 Towards future medical expenses 10,000/- 7. Towards loss of future earning capacity 8,42,400/- Total 10,39,649/- - 7 - HC-KAR NC: 2026:KHC:5270 MFA No. 189 of 2025 ii. The judgment and award dated 04.11.2024 passed in MVC No.2258/2021 on the file of the XXII Additional Small Causes Judge and ACJM, Member, MACT, Bengaluru, (SCCH-24), is modified. iii. The claimant is entitled to a sum of Rs.10,39,649 /- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,11,249/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.5,28,400/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 62