- 1 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1118 OF 2024 (MV-I) BETWEEN: NARASEGOWDA S/O LATE NARASIMHAIAH, NOW AGED ABOUT 61 YEARS, R/AT JANATHA COLONY, MADANAYAKANAHALLI, DASANAPURA HOBLI, BENGALORE NORTH TALUK, BENGALORE DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. SANDEEP V S/O VEERAIAH, NOW AGED MAJOR, R/AT NO. KENGALKEMPOHALLI, BILLANAKOTE POST, SOMPURA HOBLI NELAMANGALA TALUK, BENGALURU DISTRICT. 2. THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., GOLDEN HEIGHTS, 5TH FLOOR, 59TH CROSS, 4TH M BLOCK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.11.2023 PASSED IN MVC NO. 2257/ 2021 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, 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 ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 07.11.2023 passed in MVC No.2257/2021 by the XXII Additional Small Causes Judge and ACMM, Motor Accident Claims Tribunal, Bengaluru (for short 'the Tribunal') claiming compensation. 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. - 3 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 3. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2- Insurance Company. Notice to respondent No.1 is dispensed with. 4. The petitioner/injured claimant met with an accident on 24.12.2020 and filed claim petition before the Tribunal claiming compensation of Rs.3,50,000/- with interest from the date of accident till the date of realization for the injuries sustained by him in the motor vehicle accident. The Tribunal considering the entire evidence on record granted an amount of Rs.85,160/- with interest at the rate of 6% per annum from the date of petition till the date of its realization. 5. Learned counsel for the appellant contended that the Doctor assessed the disability as 20% to the right lower limb and 7% to the whole body but the Tribunal has taken only 7%. The contributory negligence is fixed on both vehicles equally that is, in the ratio of 50:50. The manner of accident shows that on 24.12.2020 at about - 4 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 9.15 a.m. while petitioner was riding Hero Honda Motorcycle bearing registration No.KA-52-E-4475 on NH- 48, Tumkur-Bangalore road, the rider of Yamaha scooter bearing registration No.KA-02-KD-6142 came in a rash and negligent manner and dashed the petitioner's motorcycle and the charge sheet is filed against the riders of both the motorcycles and no eye witness is examined before this Court. 6. Learned counsel for the appellant stated that while petitioner was taking U-turn the rider of the Yamaha scooter dashed against him, as such, the entire negligence is on his part. But there is no evidence adduced by both sides regarding contributory negligence and moreover, appellant's counsel has not taken any plea of contributory negligence in the appeal grounds. Therefore, this Court finds no reason to interfere with the contributory negligence assessed by the Tribunal. 7. Though it was stated that petitioner was doing business and earning Rs.25,000/- per month, he has not - 5 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 filed any income proof. He met with an accident in the year 2020. The Tribunal rightly considered his notional income as Rs.14,500/- and it is confirmed. He was aged 57 years and the multiplier is '9'. Petitioner sustained displaced fracture of left proximal fibula, swollen left leg lateral aspect tenderness in the lateral leg, as per the X- ray of left leg shows united fracture of the fibula and he has not taken treatment as inpatient. Doctor assessed the disability of right lower limb as 20% and the whole body as 7%. The Tribunal has taken 1/3rd of the same as 7%. This Court finds no reason to interfere with the disability taken by the Tribunal. 8. Petitioner sustained 7% disability but the Tribunal has not granted any amount under the head loss of future income. It was observed that the injuries sustained by him will not come in the way of doing his regular work. Admittedly, he sustained disability as per the medical evidence. Therefore, this Court finds it reasonable to grant an amount of Rs.1,09,620/- - 6 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 (Rs.14,500/- x 12 x 9 x 7%) towards loss of future earning. 9. The appellant-claimant was hospitalized for a period Of 5 days. Tribunal granted Rs.50,000/- towards pain and suffering and this Court finds it reasonable to grant an amount of Rs.30,000/- towards loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges and he might not have attended any other work at least for a period of 3 months. Therefore, Rs.43,500/- (Rs.14,500/- x 3) is granted under the head loss of income during laid up period. And the Tribunal granted Rs.5,660/- towards medical expenses and it is confirmed. 10. Thus in all, compensation awarded by this Court are as below: Pain and Suffering : Rs. 50,000/- Loss of Amenities and discomfort : Rs. 30,000/- Medical expenses : Rs. 5,660/- - 7 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 Towards Conveyance, Attendant charges and nourishing food : Rs. 30,000/- Loss of income during laid up period : Rs. 43,500/- Loss of future income : Rs. 1,09,620/- TOTAL : Rs. 2,68,780/ - Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.2,68,780/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 07.11.2023 passed in MVC No.2257/2021 by XXII Addl. Senior Civil Judge & Additional Chief Metropolitan Magistrte, Motor Accident Claims Tribunal, Bengaluru, is modified. iii. The claimant is entitled for a sum of Rs.2,68,780/- along with interest at 6% p.a. as - 8 - HC-KAR NC: 2026:KHC:4419 MFA No. 1118 of 2024 from the date of petition till the date of realization, instead of Rs.85,160/- granted by the Tribunal. iv. Respondent No.2 - Insurance Company has deposited 50% of compensation and they are directed to deposit the balance compensation within one month from the date of receipt of the certified copy of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 3