- 1 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 440 OF 2025 (MV-I) BETWEEN: SUSHEELAMMA W/O NARAYANAGOWDA M.T. AGED ABOUT 49 YEARS, R/AT MENASAGERE, C.A. KERE HOBLI, MADDUR TALUK, MANDYA - 571 422. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. NARAYANAGOWDA M.T. S/O THIMMAIAH, MAJOR R/AT MENASAGERE C.A. KERE HOBLI, MADDUR TALUK, MANDYA - 571 422 2. UNITED INDIA INSURANCE COMPANY LTD., REP BY ITS REGIONAL MANAGER REGIONAL OFFICE 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BANGALORE - 560 027 …RESPONDENTS (BY SRI. B.S. KRISHNA, ADVOCATE FOR R2 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 VIDE ORDER DATED 29.01.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.11.2024 PASSED IN MVC NO. 2946/2023 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES, MEMBER, MACT-15, BENGALURU SCCH-15, 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 against the judgment and award dated 25.11.2024, passed in MVC No.2946/2023 by the XIII Additional Small Causes And ACJM and Addl.MACT, Bengaluru (SCCH-15) (for short 'Tribunal'). 2. For the sake of convenience, the parties are referred to as per their ranks before the Tribunal. 3. Heard the arguments of both sides. - 3 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 4. Injured claimant met with an accident on 21.04.2023 and filed the claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.5,86,010/- along with interest at the rate of 6% per annum from date of petition, till the deposit. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained fracture injuries which are grievous in nature and also examined the Doctor as PW-3. The Doctor assessed the disability as 41.17% to the right lower limb and 20.58% to the whole-body. But the Tribunal erred in taking the same as 10% and interest is to be enhanced to 9% and the amounts granted under other heads are meager. Therefore, he requested for enhanced compensation. 5. Learned Counsel of the respondent stated that PW-2 is not a treated Doctor. As such, the Tribunal has rightly considered the disability as 10% and it needs no interference. It is further argued that she was a Tailor and - 4 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 there is no functional disability and she is continuing her tailoring work. 6. Though it is stated that she was a Tailor and earning Rs.20,000/- per month, she has not filed any income proof. As she met with an accident in the year 2023, the Tribunal has rightly considered her notional income as Rs.16,000/- per month. She was aged 50 years as on the date of the accident and the appropriate multiplier applicable is ‘13’. As per Exhibit-P7, Wound certificate, the claimant sustained the following injuries: “1) Right Femur lower 1/3rd communited fracture; 2) Swelling in lower 1/3rd of right thigh” Out of the aforesaid injuries, Injury No.1 is grievous and Injury No.2 is simple in nature. The claimant also examined the doctor as PW-3 and he stated that as follows: “OPERATION : of ORIF [Open Reduction Internal Fixation] with Distal Femur [Locking - 5 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 Compression Plate] with screws done on date : 22.04.2023. xxx DIAGNOSIS : COMMINUTED [SUPRA CONDYLAR] FRACTURE LOWER ONE THIRD OF RIGHT FEMUR. xxx Comminuted Fracture One Third of Right Femur shows UNION with implants in situ. Narrowing of Medial Half of the Knee joint space with Osteo Arthritis changes seen in Right knee Joint which is clinically and gradually progressive worsening day by day.” As such, he assessed the permanent physical disability of right lower limb as 41.17% and that of the whole-body as 20.58%. He advised another surgery for removal of the implants from right femur. But the cost of the surgery is not estimated. This Court finds it reasonable to take one 1/3rd of 41.17% as 14%, instead of 10%. So ‘loss of future earning capacity’ comes to: Rs.16,000 x 12 x 13 x 14% = Rs.3,49,440/-. - 6 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 7. The claimant was hospitalised as inpatient for a period of 7 days. The Tribunal granted Rs.1,81,410/- towards Medical Expenses and it is confirmed. Considering the nature of injuries, occupation, period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.35,000/- for loss of amenities and Rs.30,000/- for transportation, extra-nourishment and attendant charges and the claimant might not have attended any other work atleast for a period of three months and the Tribunal rightly granted Rs.48,000 towards ‘loss of income during laid-off’ which is confirmed. PW-3, Doctor suggested another surgery for removal of the implants. Therefore, this Court finds it reasonable to grant Rs.30,000/- for ‘Future medical expenses’. 8. Thus in all, components awarded by this Court are as below: - 7 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 9. Compensation is enhanced from Rs.5,86,010/- to Rs.7,33,850/- and the enhanced compensation is Rs.1,47,840/-, which carries interest at the rate of 6% per annum. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 3,49,440/- Medical Expenses 1,81,410/- Pain and Suffering 60,000/- Loss of Amenities 35,000/- Transportation, Extra Nourishment & Attendant Charges 30,000/- Loss of income during laid up period 48,000/- Future Medical Expenses 30,000/- Total 7,33,850/- - 8 - HC-KAR NC: 2026:KHC:6529 MFA No. 440 of 2025 ii. The judgment and award dated 25.11.2024, passed in MVC No.2946/2023 by the XIII Additional Small Causes And ACJM and Addl.MACT, Bengaluru (SCCH- 15) is modified; iii. Respondent No.2 is directed to deposit the amount of the compensation within one month from the date of this order on such deposit and iv. Appellant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE JJ List No.: 1 Sl No.: 60