- 1 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1631 OF 2024 (MV- I) BETWEEN: SRI NAGARAJU S/O LAKKAIAH, AGED ABOUT 42 YEARS, R/AT MOSALEHOSAHALLI VILLAGE, KATTAYA HOBLI, HASSAN TALUK HASSAN DISTICT. …APPELLANT (BY SRI. KAVITHA H C.,ADVOCATE) AND: 1. SRI HARISH B R S/O RUDRAPPA, R/AT BAGEVALU VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT. 2. MANAGER NATIONAL INSURANCE COMPLANY LIMITED, MANJUNATHA COMPLEX, OLD BUS STAND ROAD, HASSAN. …RESPONDENTS (BY SRI. SHANKAR REDDY.,ADVOCATE FOR R2; V/O DTD.6/6/2025, NOTICE TO R1 IS D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.09.2023 PASSED IN MVC NO.1686/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, 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 - injured claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 29.09.2023 passed in MVC.No.1686/2021 on the file of the Additional Senior Civil Judge and Additional M.A.C.T., Hassan, for enhancing the compensation. 2. Heard the arguments of learned counsel for the both sides. 3. The appellant/petitioner has filed petition before the tribunal for compensation of Rs.15,00,000/-. The tribunal considering the entire evidence on record and incident, granted - 3 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 an amount of Rs.3,99,778/- with interest at the rate of 6% per annum from the date of petition till realization. Aggrieved by the said order, the appellant has preferred this appeal mainly contending that he sustained grievous injuries but the tribunal has granted meager compensation on the other heads. The appellant/petitioner was aged about 42 years, working as a coolie and also doing agriculture earning Rs.30,000/- per month. But the tribunal has taken meager income and the amount granted on other heads is meager. Thus, he requested for enhancement of compensation. 4. Learned counsel for the appellant contended that the appellant met with an accident on 12.06.2021. As per Ex.P4 - Wound Certificate, he sustained the following injuries: "Pain swelling and deformity of left leg. Pain and swelling of back. Pain and swelling of left knee. Lacerated wound over forehead. Abrasion over knee. X-rays shows fracture of left tibia and fibula and left femur condyle." - 4 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 5. Injury Nos.1 and 3 are grievous in nature and other injuries are simple in nature. 6. The tribunal has already granted Rs.70,000/- towards pain and suffering and Rs.59,578/- towards medical expenses as per Ex.P8 - Medical bills, which needs no interference and confirmed. 7. The appellant/petitioner is also entitled for Rs.30,000/- towards Diet Food, Nourishment, Conveyance and Attendant charges. 8. Though it is stated that the appellant/petitioner was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken at Rs.15,000/- as per the chart prepared by the Karnataka State Legal Services Authority and he was aged about 42 years as per Ex.P4 - Wound Certificate and Ex.P11 - Case sheet. Therefore, the multiplier is '14'. The appellant/petitioner examined by PW.2 - Dr.Ravi H.S. The doctor has observed that as per X-rays, fracture is slightly malunited and accordingly assessed the disability of the petitioner with respect to left lower limb as 30% and the whole - 5 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 body disability as 10%. The tribunal has rightly taken 10% disability and it needs no interference. Therefore, Loss of Future Income comes to Rs.15,000/- x 12 x 14 x 10% = 2,52,000/-. 9. The appellant/petitioner might not have attended any other work at least for a period of three (3) months. Therefore, Rs.45,000/- is to be granted under the head of Loss of Income during laid up period. 10. The appellant/petitioner was hospitalized for a period of three(3) days as per Ex.P11 - Case sheet. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.25,000/- towards Loss of Amenities. 11. The Doctor suggested that he requires another surgery for removal of the implants and estimated the cost of surgery is Rs.30,000/-. The tribunal granted Rs.15,000/- towards future medical expenses, which needs no interference. 12. Thus, in all the appellant/petitioner is entitled for compensation as here under: - 6 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 13. Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.4,96,578/- along with interest at the rate of 6% per annum. 14. In the result, the following order is passed: ORDER i) The appeal is allowed in-part. ii) The judgment and award dated 29.09.2023 passed in MVC.No.1686/2021 on the file of the Particulars Amount in Rs. Pain and suffering 70,000.00 Medical Expenses 59,578.00 Diet food, Nourishment, Conveyance and Attendant charges and other incidental expenses 30,000.00 Loss of future income on account of permanent disabilty 2,52,000.00 Loss of income during laid down period 45,000.00 Loss of amenities 25,000.00 Future Medical expenses 15,000.00 Total 4,96,578.00 - 7 - HC-KAR NC: 2026:KHC:6585 MFA No. 1631 of 2024 Additional Senior Civil Judge and Additional M.A.C.T., Hassan, is modified. iii) The appellant/claimant is entitled for a sum of Rs.4,96,578/- along with interest at the rate of 6% per annum instead of Rs.3,99,778/- granted by the tribunal from the date of petition till realization. iv) Respondent No.2 - Insurance Company has already deposited the awarded compensation amount before the tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.96,800/- with interest at the rate of 6% per annum within a period of one month from the date of receipt of a certified copy of this order. v) On such deposit, the appellant/petitioner is permitted to withdraw the entire amount along with accrued interest on the same. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 53