- 1 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 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. 1680/2025 (MV-I) BETWEEN: MR DEEKSHITH S/O. SUBHASH SHETTY, AGED ABOUT 31 YEARS, RESDINIG AT NO. 3-431, MOOKAMBIKA NILAYA, KONAJE VILLAGE, KONAJE, MANGALURU, D.K. DISTRICT, PIN-574 199. …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. N B IBRAHIM S/O. LATE U. P. MUHAMMED, AGED ABOUT 42 YEARS, RESIDING AT DOOR NO. 1-65(15) NATEKAL SITE, ASSAIGOLI POST, MANJANADY VILLAGE, MANGALURU TALUK, D.K. DISTRICT, PIN-575 014. 2. SRI RAM GENERAL INSURANCE COMPANY E-8, PIP, RIICO INDUSTRIAL AREA, SITAPURA, JAIPUR, RAJASTHAN-302 022, INDIA, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 REPRESENTED BY ITS BRANCH OFFICE, SRI RAM GENERAL INSURANCE COMPANY, 3RD FLOOR, PADDIGM PLAZA, A.B. SHETTY CIRCLE, MANGALURU, D.K. DISTRICT-575 003. …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2, R1-N.B. IBRAHIM-SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.10.2024 PASSED IN MVC NO. 96/2021 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, M ACT-IV, DAKSHINA KANNADA, MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 ORAL JUDGMENT This appeal is filed against the judgment and award dated 28.10.2024 passed by the Motor Vehicle Accident Claims Tribunal-IV & the Court of III Additional District Judge, D.K., Mangaluru, in MVC No.96 of 2021. 2. Injured claimant met with an accident on 15.10.2020 and filed claim petition claiming compensation of Rs.25,00,000/- with interest. Tribunal considered the entire evidence on record and granted an amount of Rs.13,82,216/- with interest at the rate of 6% from date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the petitioner-claimant in which it is mainly contended that he was hospitalised for a period of 31 days as an inpatient, but the Tribunal granted only Rs.6,000/- towards food, attendant, conveyance and nourishment charges. As per wound certificate, he sustained several injuries, which are simple as well as grievous in nature. He also purchased artificial limb for his right foot and spent Rs.1,00,000/- and filed receipts to the effect, but it was not considered by the Tribunal. It is further - 4 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 contended that he was working as a Technician at India Red Cross Society blood bank Govt. Lady Goschen Hospital premises and earning a salary of Rs.15,000/- per month. He was on leave from 16.10.2020 to 15.05.2021, and later resigned to the job on 08.07.2021. the Tribunal has taken his monthly salary as Rs.10,472/- which is on lower side. He received allowances of Rs.2,391/- for July 2020, Rs.6,100/- for August 2020, Rs.7,985/- for September 2020 and Rs.4,328/- for October 2020. But the said fact was not considered by the Tribunal and no amount was granted under the head loss of income during laid up period. It is also contended that as per evidence of doctor-PW4, petitioner sustained 50% permanent disability to the right lower limb. Exhibit P15 is the disability certificate. Exhibit P24 is a photograph which clearly shows that there is amputation of ankle. So, the loss of earning is to be taken as 100%, and future prospects was also not considered by the tribunal, and moreover loss of marriage prospects was also not awarded. Thus, requested for enhancement of the compensation. - 5 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 4. Learned counsel for the respondent-insurance company contended that petitioner filed salary certificate and also examined the employer as PW2 and thus, the Tribunal has rightly considered his income as Rs.10,472/- per month, based on the oral and documentary evidence and it is to be confirmed. It is further stated that Tribunal has rightly considered all the aspects and granted just compensation and it needs no interference. 5. Heard both the learned counsel for the parties. 6. The petitioner has stated that he was aged 27 years and working as Technician at India Red Cross Society blood bank Govt. Lady Goschen Hospital premises and was earning Rs.15,000/- per month. He examined PW2-employer and filed salary certificate under Exhibit P16 and also filed his statement of account under Exhibit P17. He filed his attendance register under Exhibits P31 and P32. It is stated that, subsequently, he resigned to the job as he could not continue the same due to the injuries sustained in the accident. Though the employer stated the income of the petitioner as Rs.10,472/- per month and that the petitioner was getting allowances, but, there is - 6 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 variation in the allowances from July 2020. Therefore, this Court finds it reasonable to take the notional income of the petitioner based on the chart prepared by Karnataka State Legal Services Authority. As he met with an accident in the year 2020, his notional income is to be taken as Rs.14,500/- per month. 7. Admittedly, the petitioner sustained amputation. Therefore, he is entitled for future prospects to an extent of 40%. He was aged 27 years and the applicable multiplier is 17 years. As per the wound certificate, the petitioner sustained the following injuries: “1) Multiple abrasion over the face with loss of consciousness. 2) Multiple abrasion over right forearm and head. 3) Tenderness over hip joint pelvic diastasis young and burgess APC Type II. 4) Tenderness and swelling over right thigh with fracture of right femur. 5) Degloving crush injuries over right ankle and foot with multiple tarsal and metatarsal bone fracture with subtotal joint subluxation. - 7 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 6) Multiple Laceration and abrasion over right knee, forehead and face, nail bed avulsion of left little finger. 7) Visible deformity of right thigh present near total amputation of right ankle and foot noted with degloving injury of foot with underlying muscles tendons cut and avulsed. Distortion of all right tarsal joint, 2 x 1 cm laceration on present at anterior aspect of right knee.” 8. Out of the aforesaid injuries, injury Nos.1 and 2 are simple and 3 to 5 are grievous in nature. P.W.4-doctor has issued disability certificate under Exhibit P15, in which it is stated, that there is right foot chopart's amputation chopart’s amputation VAC application under SA on 19.10.2020, public symphysis fixation with superior 5 holed DCP anterior 4 holed DCP right SI joint fixation with 45 cm CC screw and washer under SA on 20.10.2020, right femur CRIF with 10 x 40 MM IMIL nailing under SA on 20.10.2020, right leg stump wound MVC No.96/2021 4 debridement, Talus excision, tibio calcaneal stabilizationwith K-wiring under SA on 20.10.2020, right leg stump wound VAC removal wound debridement, VAC reapplication under SA on 04.11.2020 VAC dressing change on 27.10.2020 and 31.10.2020, right stump VAC removal, wound - 8 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 debridement, VAC reapplication from under SA on 04.11.2020, right leg stump SSG from ipsilateral thigh and VAC application under SA on 20.11.2020 and expert treatment was given. In view of the amputation, the disability of the limb is assessed by the doctor as 50% and stiffness of the proximal joints as 10% and thus, the permanent disability is 50% to the right lower limb. Therefore, this Court finds it reasonable to take the disability as 50% as assessed by the doctor and the future prospects as 40%. Therefore, the loss of future earning capacity comes to Rs.20,70,600/- (14,500 + 40% x 12 x 17 x 50%). 9. As the petitioner got ESI facility, the Tribunal granted Rs.38,072/- towards medical expenses and incidental charges and it is confirmed. He was hospitalised for a period of 31 days. Therefore, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for transportation, extra nourishment and attendant charges. Rs.1,50,000/- is granted by the Tribunal for pain and suffering and Rs.1,00,000/- for loss of amenities and it is confirmed. The petitioner spent Rs.1,05,000/- for artificial limb. He requires to change the - 9 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 artificial limb periodically. So, this Court finds it reasonable to grant an amount of Rs.2,00,000/- for artificial limb and Rs.2,00,000/- for loss of prospects of marriage. 10. Thus, in all, the claimant is entitled for the compensation of Rs.28,58,672/- with interest at 6% per annum as against Rs.13,82,216/- awarded by the Tribunal. 11. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 20,70,600/- 2. Medical expenses 38,072/- 3. Pain and Suffering 1,50,000/- 4. Loss of amenities 1,00,000/- 5. Transportation, extra nourishment and attendant charges 1,00,000/- 6. Artificial Limb 2,00,000/- 7. Loss of marriage prospects 2,00,000/- Total 28,58,672/- 12. In the result, the following order is passed: (i) Appeal is allowed in part. - 10 - HC-KAR NC: 2026:KHC:3492 MFA No. 1680 of 2025 (ii) The Claimant is entitled for the total compensation of Rs.28,58,672/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.14,76,456/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 93