- 1 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 872 OF 2024 (MV-I) BETWEEN: T. RAMANNA S/O THIMMANNA, AGED ABOUT 51 YEARS, R/O OPP RANGAPPANA KAPILE, MADAKARI NAGARA, CHALLAKERE TOWN - 577 522. …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. M/S THE MANAGING PARTNERS TEAM THAI- AGHIN ROADWAYS, R/O 5/93, KOLLUPALAYAM , OPP. KANYUR CHECKPOST, KARUMATHAMAPATTI, COIMATORE - 641 659. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO, D.O AKKAMAHADEVI ROAD, MMK COMPLEX, P J EXTENSION, DAVANGERE - 577 001. …RESPONDENTS (BY SRI.S.V.HEGDE MULKHAND FOR R2, ADVOCATE) (V/O/D 17.03.2025 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.05.2023 PASSED IN MVC NO.606//2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHALLAKERE, 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 22.05.2023 passed in MVC No.606/2021, by the Court of the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Challakere, (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 2. Heard the arguments of the learned counsel for both parties. Notice to respondent No.1 is dispensed with. 3. The injured claimant met with a road traffic accident on 21.12.2020 and filed a claim petition seeking compensation of Rs.25,00,000/-. The Tribunal, after - 3 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 considering the oral and documentary evidence on record, awarded a total compensation of Rs.3,87,450/- with interest at 6% per annum from the date of petition till realization. Aggrieved by the said award, the present appeal is preferred. 4. It is mainly contended that the appellant sustained grievous injuries and incurred substantial medical expenses, but the Tribunal awarded an inadequate amount and granted meager compensation under other heads. 5. Learned counsel for the appellant submitted that the claimant was working as a cleaner and earning Rs.25,000/- per month apart from Rs.500/- per day as bhatta. However, no documentary proof of income was produced. As the accident occurred in the year 2020, the Tribunal has rightly assessed the notional income as Rs.14,500/- per month, based on the chart prepared by the Karnataka State Legal Services Authority. This Court finds no reason to interfere with the said finding. - 4 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 6. The Tribunal has considered the age of the appellant/claimant as 42 years based on Ex.P6-Wound Certificate and applied the multiplier of '14'. The injuries sustained by the claimant, as reflected in Ex.P6-Wound Certificate, Ex.P9-Discharge Summary and Ex.P15- Disablity Certificate are as follows: i. As per Ex.P6, pain in right leg with restricted mobility. ii. As per Ex.P9, diagnosis of right proximal tibia fracture (3H Schatzers Type-6) and blunt injury to the chest. iii. As per Ex.P.15, PW.2 - the doctor deposed that: a. the claimant had swelling, tenderness, abnormal mobility and deformity of the right leg; b. He underwent ORIF with DUAL PLATING under spinal anesthesia; c. X-ray revealed delayed malunion of right tibia; d. He assessed disability of the right lower limb was assessed at 24%. - 5 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 7. The Tribunal has taken one-third of the 24% disability assessed to the right lower limb and assessed the whole-body disability at 8%. However, the medical evidence clearly discloses that there is malunion of the right tibia. Considering the nature of injury and its impact on the functional ability of the claimant, this Court finds it reasonable to assess the whole-body disability at 10%. 8. Though, PW.2, the treating doctor, opined that the whole-body disability could be taken at 8%, in view of the malunion of right tibia, this Court finds reasonable to take the disability is 10%. Accordingly, the loss of future earning capacity is calculated at 14,500x12x14x10%=2,43,600/-. 9. The claimant was hospitalized for a period of ten days. Considering the nature of injuries, duration of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards 'pain and suffering', Rs.25,000/- towards 'loss of - 6 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 amenities' and Rs.30,000/- towards 'transportation, extra nourishment and attended charges'. 10. The claimant might not have attended any work for a period of three months. Hence, this Court finds it reasonable to award a sum of Rs.43,500=(14,500x3) towards 'loss of income during laid-up period'. 11. The Tribunal has awarded Rs.1,48,070/- towards 'medical expenses' and it needs no interference. 12. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 2,43,600.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid up period 43,500.00 Medical expenses 1,48,070.00 Total 5,40,170.00 - 7 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 13. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,40,170/- as against Rs.3,87,450/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,52,720/-. To this extent, the award passed by the Tribunal is modified. 14. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 22.05.2023 passed in MVC No.606/2021, by the Court of the Senior Civil Judge and Additional Motor Accident Claims Tribunal, Challakere, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,52,720/- (Rs.5,40,170/- minus Rs.3,87,450/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:4094 MFA No. 872 of 2024 iv. Respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, he is directed to deposit enhanced compensation of Rs.1,52,720/- with interest rate of 6% within one month from the release of such deposit. v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 44