- 1 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 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. 162 OF 2025 (MV-I) BETWEEN: SHARANAPPA S/O RAMANNA NOW AGED ABOUT 55 YEARS R/AT K BALLEKATTE VILLAGE CHITRADURGA TALUK 577 501 …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. DYAMAKKA W/O HULUGAPPA AGED MAJOR R/AT BEERAVARA VILLAGE LAKSHMISAGARA POST HIREGUNTANUR HOBLI CHITRADURGA TALUK 577 501 2. THE MANAGER IFFCO TOKIO GENERAL INS CO LTD., REP BYIS MANAGER JCR EXTENSION, MAIN ROAD CHITRADURGA TOWN 577 501 …RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R2; 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 DT.03.10.2024 PASSED Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 of 2025 IN MVC NO.845/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, JMFC, CHITRADURGA, 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 judgment and award dated 03.10.2024 passed in MVC No.845/2023 on the file of the I Additional Senior Civil Judge and Additional MACT-IV, JMFC, Chitradurga, for enhancing the compensation. 2. Heard the arguments of the 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. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.10,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 of 2025 Tribunal considering the entire evidence on record granted an amount of Rs.3,32,033/- 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. Learned counsel for respondent No.2–Insurance Company submitted that the Tribunal has already considered all the facts and awarded just and reasonable compensation, which needs no interference. 5. The petitioner/injured claimant stated that he was earning Rs.20,000/- per month by doing coolie work, but he has not filed any income proof. As he met with an accident in the year 2023, his notional income is to be taken at Rs.16,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 46 years and the applicable multiplier is '13'. 6. The petitioner sustained a both bone fracture of the left leg and underwent CRIF with IMIL nail fixation and after he - 4 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 of 2025 was discharged from the hospital. He examined PW.2–doctor and he observed that there is malunion of the left tibia and assessed the disability of the left lower limb at 35.56%. The Tribunal has taken 1/3rd of the said disability at 11.85%. This Court finds it reasonable to take 1/3rd of the same at 12%. Accordingly, the loss of future earning capacity comes to Rs.2,99,520/- (Rs.16,000 × 12 × 13 × 12%). The petitioner was hospitalized for 20 days. Considering the nature of injuries, period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The petitioner might not have attended to any other work at least for a period of three months. Therefore, a sum of Rs.48,000/- (Rs.16,000 × 3) is awarded towards loss of income during the laid-up period. 7. Thus in all, compensation awarded by this Court is as below: - 5 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 of 2025 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.4,52,520/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 03.10.2024 passed in MVC No.845/2023 on the file of the I Additional Senior Civil Judge and Additional MACT-IV, JMFC, Chitradurga, is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards loss of amenities 25,000/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of income during laid up period 48,000/- 5. Towards loss of future earning capacity 2,99,520/- Total 4,52,520/- - 6 - HC-KAR NC: 2026:KHC:5268 MFA No. 162 of 2025 iii. The claimant is entitled to a sum of Rs.4,52,520/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,32,033/- 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.1,20,487/- 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.: 60