- 1 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 112 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 109 OF 2024 (MV-I) IN MFA No. 112/2024: BETWEEN: SRI. CHANDRAPPA @ CHANDRANNA S/O PARASAPPA, AGED ABOUT 56 YEARS, R/O SAMUDRAHALLI, JAVANAGONDANAHALLI HOBLI-577 511, ARANAKATTE POST, HIRIYUR TALUK, CHITRADURGA DISTRICT …APPELLANT (BY SRI. HARISH N.R FOR SRI. PATEL D KAREGOWDA., ADVOCATES) AND: 1. SRI. RAMANJANEYA S/O HANUMANTHARAYA @ HANUMANTHARAYAPPA, AGED ABOUT 30 YEARS, DRIVER OF AUTO RICKSHAW BEARING NO KA-64-1610. 2. SRI HANUMANTHARAYA @ HANUMANTHARAYAPPA, S/O LATE CHIKKAHANUMANTHAPPA, AGED ABOUT 67 YEARS, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 3. SRI HARISHKUMAR B H, S/O HANUMANTHARAYA @ HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, RESPONDENT NO.1 TO 3 ARE NATIVE OF BARAGUR-572 113 SIRA TALUK, TUMAKURU DISTRICT PRESENTLY THEY ARE RESIDING AT KODIHALLI VILLAGE, BHARMAPURA HOBLI-577 558 HIRIYUR TALUK, CHITRADURGA DISTRICT. 4. THE MANAGER, BHARATHI AXA GENERAL INSURANCE CO. LTD., 1ST FLOOR ANNAPURA ARCADE, ABOVE RAGHU SCANNING CENTRE, OPPOSITE TO NEW EXTENSION, POLICE STATION B H ROAD, TUMAKURU-572 102, (POLICY NO S4135227/EC/11/00/2545 VALIDITY FROM 06-11-2015 TO 06-11-2016) NOW THE ABOVE SAID BHARATHI AXA GENERAL INSURANCE COMPANY LTD, IS TAKEN OVER THE AMALGAMATED INTO THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD BELLAD TOWERS, FLOOR GOKUL ROAD, HUBBALLI-580 020 BY ITS DIVISION MANAGER. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R4, V/O DTD 02.04.2025 NOTICE TO R1 TO R3 IS D/W) - 3 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.06.2023 PASSED IN MVC NO.295/2017 ON THE FILE OF THE SENIOR CIVIL JDGE AND ADDITIONAL MACT, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 109/2024: BETWEEN: SRI. N KESHAVAMURTHY, S/O LATE NARASAPPA, AGED ABOUT 71 YEARS, R/O SAMUDRAHALLI, JAVANAGONDANAHALLI HOBLI-577 511, ARANAKATTE POST, HIRIYUR TALUK, CHITRADURGA DISTRICT. ...APPELLANT (BY SRI. HARISH N.R FOR SRI. PATEL D KAREGOWDA., ADVOCATES) AND: 1. SRI. RAMANJANEYA S/O HANUMANTHARAYA @ HANUMANTHARAYAPPA, AGED ABOUT 30 YEARS, DRIVER OF AUTO RICKSHAW BEARING NO KA-64-1610. 2. SRI HANUMANTHARAYA @ HANUMANTHARAYAPPA, S/O LATE CHIKKAHANUMANTHAPPA, AGED ABOUT 67 YEARS, 3. SRI HARISHKUMAR B H, S/O HANUMANTHARAYA @ HANUMANTHARAYAPPA, AGED ABOUT 36 YEARS, - 4 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 RESPONDENT NO.1 TO 3 ARE NATIVE OF BARAGUR-572 113 SIRA TALUK, TUMAKURU DISTRICT PRESENTLY THEY ARE RESIDING AT KODIHALLI VILLAGE, BHARMAPURA HOBLI-577 558 HIRIYUR TALUK, CHITRADURGA DISTRICT. 4. THE MANAGER, BHARATHI AXA GENERAL INSURANCE CO. LTD., 1ST FLOOR ANNAPURA ARCADE, ABOVE RAGHU SCANNING CENTRE, OPPOSITE TO NEW EXTENSION, POLICE STATION B H ROAD, TUMAKURU-572 102, (POLICY NO S4135227/EC/11/00/2545 VALIDITY FROM 06-11-2015 TO 06-11-2016) NOW THE ABOVE SAID BHARATHI AXA GENERAL INSURANCE COMPANY LTD, IS TAKEN OVER THE AMALGAMATED INTO THE ICICI LOMBARD GENERAL INSURANCE COMPANY LTD BELLAD TOWERS, FLOOR GOKUL ROAD, HUBBALLI-580 020 BY ITS DIVISION MANAGER. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R4, V/O DTD 02.04.2025 NOTICE TO R1 TO R3 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.15.06.2023 PASSED IN MVC NO.294/2017 ON THE FILE OF THE SENIOR CIVIL JDGE AND ADDITIONAL MACT, HIRIYUR, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 5 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 THESE APPEALS COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT In MFA NO.112/2024 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 to modify the judgment and award dated 15.06.2023 passed in MVC No.295/2017 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, by fixing the liability of the payment of compensation on the Insurance Company of the offending vehicle. 2. As the petitioner met with an accident on 08.06.2016 and filed claim petition claiming compensation of Rs.3,00,000/- but the Tribunal granted only Rs.1,25,000/- along with interest at the rate of 6% p.a., from the date of petition till realization. 3. Aggrieved by the said order, this appeal is filed by the petitioner and he mainly contended that the Tribunal erred in granting global compensation. The petitioner sustained fracture of lower 3rd tibia. He spent Rs.1,00,000/- towards medical - 6 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 expenses. No amounts are granted under other heads and thus requested for enhancement of the compensation. 4. Further, as per the wound certificate at Ex.P35, the petitioner sustained lacerated wound on the right knee, ankle and toe. Fracture of ankle, fibula undisplaces etc., which is grievous in nature. As per Ex.P36, the petitioner was hospitalised for 2 days for the treatment of the following wounds (i) right index finger proximal phalanx fracture, minimally displaced, (ii) Lower 3rd fibula fracture undisplaced, and (iii) Right Index finger proximal phalanx fracture, minimally displaced, and (iv) Heel flap avulsion –right. 5. The petitioner has not examined the doctor and no disability certificate was issued. As such, the Tribunal granted global compensation. The petitioner was aged 50 years and was doing coolie work and was earning Rs.15,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2016, his notional income is to be taken as Rs.9,500/- per month. Considering the nature of injuries, period of hospitalization and his occupation, this Court finds it - 7 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 reasonable to enhance Rs.50,000/- in addition to the amount granted by the Tribunal . 6. Therefore, compensation is globally enhanced from Rs.1,25,000/- to Rs.1,75,000/- along with interest at the rate of 6%. 7. In the result, the following order is passed: ORDER i. The judgment and award dated 15.06.2023 passed in MVC No.295/2017 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, Bengaluru, is modified. ii. The claimant is entitled to a sum of Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand) along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,25,000/- granted by the tribunal. iii. Respondent No.4/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.4/Insurance Company is directed to deposit the enhanced compensation of Rs.50,000/- - 8 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 along with the interest at the rate of 6% p.a., within one month from the date of this order. iv. On such deposit, petitioner/claimant is permitted to withdraw the entire amount along with interest accrued on the same. v. On 29.10.2025 the delay of 115 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. The respondent/Insurance company is not liable to pay the interest for the delayed period. In MFA NO.109/2024 8. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, to modify the judgment and award dated 15.06.2023 passed in MVC No.294/2017 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, by fixing the liability of the payment of compensation on the Insurance company of the offending vehicle. 9. One Keshavamurthy met with an accident on 08.06.2016 and filed claim petition claiming compensation of - 9 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 Rs.15,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.4,76,360/- along with interest at the rate of 6% p.a., from the date of pension till deposit. 10. Aggrieved by the said order, he preferred an appeal and mainly contended that he was earning Rs.25,000/- per month, by doing agricultural work and he was also owning Arecanut Garden, Coconut Garden and Mango Garden. PW3/Dr.Lohith B.M., in his evidence stated that petitioner sustained 48% to the right lower limb and 16% to the whole body, but the tribunal erred in taking 16%. He took treatment in the hospital from 08.06.2016 to 09.06.2016 and again from 09.06.2016 to 12.06.2016. He spent Rs.5,00,000/- for medical expenses but the tribunal granted only Rs.2,46,000/- and the amounts granted under other heads is meager. As the driver of vehicle was not having valid driving license, Tribunal granted pay and recovery. Thus, learned counsel requested for enhancement of the compensation. 11. The petitioner was aged 65 years and had filed 6 Rtcs at Ex.P20 to P25 to show that he is having 14 acres 34 - 10 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 guntas in his name. He stated that he doing agriculture and also having own garden and was earning Rs.25,000/- per month. But he has not filed any income proof. As such, the Tribunal has taken the notional income of Rs.5,000/- per month based on the guidelines of Karnataka State Legal Services Authority. Learned counsel for respondent stated that it can be taken as Rs.9,500/- per month, as per the chart. Considering the fact that he is also having sufficient land in his name, this Court finds it reasonable to take his income as Rs.12,000/- per month. 12. The Tribunal rightly considered the disability and it needs no interference. The petitioner examined the doctor as PW3 and he stated that the petitioner sustained ‘Type IIIB open tibia fracture and segmental fibula fracture’ and he operated him for right leg fracture with debridement, primary wound closure, CRIF with intramedullary nail for right tibia under spinal anesthesia and assessed with a disability at 16% to the whole body and also 48% to the right lower limb. The Tribunal has taken only 16% and this court finds no reason to interfere with the said order. - 11 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 13. He was aged 65 years and the multiplier taken is 7. Hence, the loss of future earning capacity comes to Rs.12,000 x 12 x 7 x 16% = Rs.1,61,280/-. He was hospitalized for a period of 6 days. The Tribunal granted Rs.50,000/- for pain and suffering and the same needs no interference. He is also entitled for Rs.25,000/- under the head loss of amenities. He is also entitled for an amount of Rs. Rs.36,000/- (12,000 x 3) towards loss of income during laid-up period. The Tribunal granted Rs.15,000/- for transportation, Rs.15,000/- for extra nourishment and Rs.2,400/- for attendant charges and it needs no interference. The PW3 in his evidence clearly stated that he requires another surgery for removal of implants and estimated the cost of the surgery at Rs.50,000/-. Therefore, this Court finds it reasonable to grant an amount of Rs.30,000/- for future medical expenses. The tribunal had granted an amount of Rs.2,46,000/- towards the medical expenses and the same is confirmed. 14. Thus in all, components awarded by this court are as below, - 12 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.4,76,360/- to Rs.5,80,680/- along with interest at the rate of 6% p.a. 15. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Loss of future income 1,61,280 2. Pain and suffering 50,000 3. Loss of amenities 25,000 4. Loss of income during laid down period 36,000 4. Extra nourishment 15,000 5. Transportation 15,000 6. Attendant charges 2,400 7. Future medical expenses 30,000 8. Medical expenses 2,46,000 Total 5,80,680 - 13 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 ORDER i. The judgment and award dated 15.06.2023 passed in MVC No.294/2017 on the file of the Senior Civil Judge and Additional MACT, Hiriyur, Chitradurga, Bengaluru, is modified. ii. The claimant is entitled to a sum of Rs.5,80,680/- (Rupees Five Lakhs Eighty Thousand Six Hundred and Eighty only) along with interest at 6% p.a., from the date of petition, till the date of realization, instead of Rs.4,76,360/- granted by the tribunal. iii. Respondent No.4/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.4/Insurance Company is directed to deposit the enhanced balance compensation of Rs.1,04,320/- along with the interest at the rate of 6% within one month from the date of this order. iv. On such deposit, petitioner/claimant is permitted to withdraw the entire amount along with interest accrued on the same. v. On 29.10.2025 the delay of 115 days is condoned by this Court on the condition that - 14 - HC-KAR NC: 2026:KHC:909 MFA No. 112 of 2024 C/W MFA No. 109 of 2024 the claimant will not be entitled for the interest in case of enhancement. The respondent/Insurance company is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 76