- 1 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 998 OF 2024 (MV-I) BETWEEN: SHANKAR S/O LATE CHINNAIYAN, NOW AGED ABOUT 47 YEARS, RESIDING AT NO. 355 9TH MAIN ROAD, 9TH CROSS, BAPUJI LAYOUT, CHANDRA LAYOUT, BENGALURU-560 072 ALSO AT NO. 26, 4TH MAIN ROAD, 8TH CROSS, PANCHASHEELANAGAR, MUDALAPALAY, BENGALURU-560 072. …APPELLANT (BY SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. ELAYARAJA S/O DHANALAL, THIRUVALLUVAR STREET, RISHIVANDIYAM P.O SANKARAPURAM TK VILLUPURAM, DISTRICT-606 205. 2. UNITED INIDA INSURANCE CO. LTD., REGIONAL OFFICE, 5TH AND 6TH FLOORS, KRISHI BHAVAN, HUDSON CIRCLE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 OPP. BBMP HEAD OFFICE, NRUPATHUNGA ROAD, BENGALURU-560 001 REP. BY ITS MANAGER …RESPONDENTS (BY SRI. Y.K. SHESHAGIRI RA ., ADVOCATE FOR R2, V/O/D 01.04.2024 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.03.2023 PASSED IN MVC NO. 3084/2021 ON THE FILE OF THE CHIEF JUDGE, MEMBE, PRINCIPAL M.A.C.T., BENGALURU, 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 filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 09.03.2023 passed in MVC No. 3084/2021 on the file of the Chief Judge, Court of Small Causes & Member, Prl., M.A.C.T., Bengaluru, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 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 injured/claimant met with an accident on 21.06.2021 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.2,75,000/- along with interest rate of 6% per annum from date of petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contented that he suffered left knee anterior cruciate ligament injury and the same was restructured. The wound certificate at Ex.P9 issued by the hospital discloses that the petitioner sustained (1) Left forearm posterior aspect abrasion 6x 2 cm., near elbow and (2) Left knee swollen, tender, ROM painful. Further contended that the appellant suffered left knee ACL injury and was hospitalized from 01.07.2021 and underwent - 4 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 surgery with left semitendinosus and gracilis tendon ACL reconstruction done under SA and was discharged on 05.07.2021. Further, PW2/doctor assessed the disability of the left lower limb as 31.2% and that of the whole body as 12%. But the Tribunal has not granted any amount under the head future loss of earnings and amount granted under the other heads are to be enhanced. 5. Learned counsel of the respondent contended that the Tribunal rightly considered the evidence of the petitioner and observed that he is capable of driving the vehicle. As such, not granted any amount under the head loss of future earnings and in fact more amount was granted under the head loss of amenities. Therefore, it needs no interference. 6. Though petitioner stated he was a driver and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, the Tribunal has rightly considered the notional income of Rs.15,000/- as per the chart prepared by - 5 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 Karnataka State Legal Services Authority and it needs no interference. He was aged 45 years and the multiplier is 14. 7. The petitioner sustained the following injuries as per Ex.P9/Wound certificate, “(1) Left fore arm posterior aspect abrasion 6x2 cm, near elbow and (2) Left knee swollen, tender, ROM painful.” Injury No.1 is simple in nature and second injury is grievous. The petitioner examined PW2 treated doctor and he stated that the injured is getting head ache and giddiness often, he cannot walk, stand, sit, squat on the floor and cannot use Indian type toilet, cannot lift or carry any weight, cannot walk for long distance, cannot stand for longtime, cannot ride or drive any vehicle and that he sustained permanent disability and assessed the disability as 31.2% to the left lower limb and 12% to the whole body. But the Tribunal observed he sustained left knee - 6 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 anterior cruciate ligament injury, it was reconstructed. He took 7-8 times follow-up treatment. The Tribunal stated that the petitioner was fit to drive the vehicle and do his day-to-day activities. As such, not granted any amount under the head loss of future earning capacity and the said observation of the tribunal, is not on proper appreciation of facts and is set aside. 8. As per the medical evidence, petitioner sustained 31.2%. This Court finds it reasonable to take 1/3rd of 31.2% i.e, 10% to the whole body disability and the loss of future earning capacity comes to Rs.15,000 x 12 x 14 x 10% = Rs.2,52,000/-. Further, the petitioner spent Rs.1,28,720/- towards medical expenses as per Ex.P26, medical bills and this Court finds it reasonable to grant said amount for medical expenses. This court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities, Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have - 7 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 attended any work at least for about 3 months. Therefore, Rs.45,000/- is to be granted under the head loss of income during laid up period . 9. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.2,75,000/- to Rs.5,35,720/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 2,52,000 2 Pain and suffering 50,000 3 Loss of amenities 30,000 4 transportation, extra nourishment and attendant charges 30,000 5 Loss of income during laid down period 45,000 6 Future medical expenses 1,28,720 Total 5,35,720 - 8 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 09.03.2023 passed in MVC No. 3084/2021 on the file of the Chief Judge, Court of Small Causes & Member, Prl., M.A.C.T., Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.5,35,720/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,75,000/- granted by the tribunal. i. Respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,60,720/- with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:3387 MFA No. 998 of 2024 iv. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. v. On 26.03.2025, the delay of 232 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent/Insurance is not liable to pay the interest for the delayed period. vi. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court within 10 days from the date of receipt of the copy of this order. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 64