- 1 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 296 OF 2025 (MV-I) BETWEEN: SRI. ASWAK AHMED S/O JAVEED AQTAR, AGED ABOUT 42 YEARS, R/AT NO. 19, AHMED NAGAR, GANGONDANAHALLI SLUM, BANGALORE GOVERNMENT ELECTRIC FACTORY BANGALORE - 26. …APPELLANT (BY SRI. JAGADEESH H.T.,ADVOCATE) AND: 1. SRI. CHANRAN BABU R S/O L RAMESH BABU MAJOR R/AT NO 11, LATHA NILYAM 7TH CROSS, THAYAPPA GARDEN JARAGANAHALLI, KANAKAPURA MAIN ROAD, J.P. NAGAR , BANGALORE - 560 078. 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVANA, 5TH AND 6TH FLOOR, NRUPATHUNGA ROAD, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 HUDSON CIRCLE, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R2; VIDE ORDER DATED 05.08.2025, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2024 PASSED IN MVC NO.2085/2021 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU (SCCH-4), 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 02.01.2024 passed in MVC No.2085/2021 on the file of the Member, MACT, XVIII Additional Judge, Court of Small Causes, Bengaluru (SCCH-4), for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 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 petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.6,01,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. The petitioner/injured claimant met with an accident on 18.01.2021. He was working as a coolie and earning a sum of Rs.20,000/- p.m. But no evidence is produced before the Tribunal in proof of his income. Therefore, the Tribunal has rightly taken the notional income of Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. - 4 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 He was aged 38 years at the time of accident and the applicable multiplier is '15'. The petitioner/injured examined the doctor as PW.2, who assessed the physical disability at 28% to the right lower limb and 14% to the whole body. The Tribunal has taken the whole body disability at 14% and accordingly granted a sum of Rs.3,78,000/- towards loss of future earning capacity and also granted reasonable amounts under the other heads. Considering the nature of injuries and period of hospitalisation, this Court finds it reasonable to enhance the compensation by a sum of Rs.30,000/- more in addition to the amount already granted by the Tribunal. Accordingly, the total compensation is enhanced from Rs.6,01,000/- to Rs.6,31,000/-. 5. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,31,000/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: - 5 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 02.01.2024 passed in MVC No.2085/2021 on the file of the Member, MACT, XVIII Additional Judge, Court of Small Causes, Bengaluru (SCCH-4), is modified. iii. The claimant is entitled to a sum of Rs.6,31000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,01,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.30,000/- along with the interest at the - 6 - HC-KAR NC: 2026:KHC:3485 MFA No. 296 of 2025 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.: 26