- 1 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1064 OF 2025 (MV-I) BETWEEN: MAHBOOB BASHA K S/O ABDUL KHADAR P NOW AGED ABOUT 44 YEARS, R/O NEAR AMBEDKAR, KALYANA MANTAPA, 1ST MAIN, 3RD CROSS, RAJENDRA NAGARA, CHITRADURGA-577 501 …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. K KADAR S/O SHAIK KATHU, AGED MAJOR, R/O 29, MARIYAMMANA KOIL, STREET, KAANAN NAGAR, TIRUVANAMALAI, TAMIL NADU-606 501 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO, LTD., DIVISION OFFICE, P.J. EXTENSION, AKKAMAHADEVI ROAD, DAVANAGERE-577 001 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 …RESPONDENTS (BY SRI.C.SHANKARA REDDY., ADVOCATE FOR R2; VIDE ORDE DATED 26.03.2025 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.01.2024 PASSED IN MVC NO.561/2022 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, CHITRADURGA, 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 04.01.2024 passed in MVC No.561/2022 on the file of the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent - 3 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.3,51,294/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured claimant met with an accident on 15.04.2021 and sustained injuries. The Tribunal has awarded meagre compensation under the other heads. Though the petitioner examined the doctor as PW-2, who assessed the disability at 48%, but the Tribunal erred in taking the disability at only 10%. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 5. Though the petitioner claimed that he was working as a rickshaw driver and earning Rs.20,000/- per month, he has not filed any income proof. Since the accident occurred in the year 2021, the notional income is required to be taken at Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 40 years and the applicable multiplier is ‘15’. 6. The petitioner examined PW.2-doctor and he stated that he verified the wound certificate and as per the said wound certificate, the petitioner had sustained the following injuries, which are grievous in nature: "1. Fracture superior and inferior public rami right side; 2. Fracture wall of both acetabali; 3. Fracture sacral Ala both sides; 4. Fracture transiverse process L4 and L5 vertebra." 7. He was treated conservatively by applying pelvic traction for 6 weeks. Later he took treatment as an - 5 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 outpatient. X-ray of L.S spine and pelvis with both hips are taken and there is malunion of fractures and secondary osteo arthritis of both hip joints seen. Therefore, the doctor assessed the disability at 30% to both hips and thighs and 18% to the lower back, resulting in a total disability of 48%. 1/3rd of 48% comes to 16%. But the Tribunal has taken the disability at only 10% without any basis and the same requires modification. Accordingly, the loss of future earning capacity comes to Rs.4,32,000/- (Rs.15,000 × 12 × 15 × 16%). The Tribunal has awarded Rs.16,294/- towards medical expenses, which is confirmed. The petitioner was hospitalized for a period of five days. Considering the nature of the injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The petitioner might not have done any other work at least for a period of 3 months. - 6 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 Therefore, Rs.45,000/- (15,000x3) is to be granted under the head loss of income during laid up period. 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,98,294/- 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. Towards pain and suffering 50,000/- 2 Towards medical expenses 16,294/- 3 Towards loss of amenities 25,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards loss of income during laid up period 45,000/- 6 Towards loss of future earning capacity 4,32,000/- Total 5,98,294/- - 7 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 04.01.2024 passed in MVC No.561/2022 on the file of the II Additional Senior Civil Judge and Additional MACT-V, Chitradurga, is modified. iii. The claimant is entitled to a sum of Rs.5,98,294/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,51,294/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,47,000/- along with the interest at - 8 - HC-KAR NC: 2026:KHC:5273 MFA No. 1064 of 2025 the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The appellant is not entitled for interest for 300 days of delay, as per order in I.A.No.1/2025 dated 29.01.2026. Sd/- (P SREE SUDHA) JUDGE AMA/List No.: 1 Sl No.: 25