- 1 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1746 OF 2025 (MV-I) BETWEEN: MR. B. ANAND S/O BAYYANNA, AGED ABOUT 53 YEARS, R/AT PUDISHETTAHALI VILLAGE, TEKAL HOBLI, BANARPET TALUK, KOLAR DISTRICT - 563 114. …APPELLANT (BY SRI. K.T. GURUDEV PRASAD, ADVOCATE) AND: 1. MR. MOHAMMED GOUSE S/O PARYU, R/AT NO.22, 8TH CROSS, MADINA NAGAR, BOMMANAHALI, BENGALURU - 560 068. 2. BAJAJ ALLIANZ GEN. INS.CO. LTD., REPRESENTED BY ITS MANAGER GOLDEN HEIGHT, 4TH FLOOR, NO.1/2, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU - 560 010. 3. THE AKSHAYA PATRA FOUNDATION HARE KRISHNA HILL, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 CHORD ROAD, RAJAJINAGAR BENGALURU - 560 010. 4. THE TATA AIG GEN. INS.CO. LTD., REPRESENTED BY ITS MANAGER 2ND FLOOR, JP AND DEVI JAMBUKESHWARA ARCADE, NO.69, MILLER ROAD, BENGALURU - 560 052. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; SRI. B. PRADEEP, ADVOCATE FOR R4; VIDE ORDER DATED 04.09.2025, NOTICE TO R1 AND R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.10.2024 PASSED IN MVC NO.4044/2020 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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 - 3 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 judgment and award dated 09.10.2024 passed in MVC No.4044/2020 on the file of the XXIII Additional Small Causes Judge, Motor Accident Claims Tribunal, Bengaluru (SCCH-25), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and respondents. 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.10,00,000/-. The trial Court considering the entire evidence on record granted an amount of Rs.3,16,000/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the appellant was the Electrical Contractor aged 48 years and earning Rs.25,000/- per month and due to the accidental injuries he has suffered disability. - 4 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 5. To prove his case, the appellant before the tribunal examined three witnesses as PW.1 to PW.3 and marked Exs.P.1 to P.21. As per Ex.P.3-wound certificate, appellant has suffered fibula facture and medial malleolus fracture, deep abrasions on medial side of right foot with loss of skin which are grievous in nature. He was admitted as an inpatient for 15 days i.e., from 05.03.2020 to 19.03.2020. As per Ex.P.13, the claimant has spent huge amount towards medical expenses. But the amounts granted under the other heads are meagre. PW.2-doctor has assessed the disability at 41% to the right lower limb and 14% to the whole body. Therefore, requested for enhancement of compensation. 6. Learned counsel for the respondents submitted that the petitioner/claimant was working as an Electrical Contractor and due to the injuries sustained in the accident, he has not suffered any loss of future earning capacity. Therefore, the Tribunal has rightly discussed all the facts in paragraph No.21 and after considering the - 5 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 bank statements, has not granted any amount under the head loss of future earnings, which needs to be confirmed. The petitioner/claimant has produced Ex.P.10-Income Tax Returns for the assessment years 2013-14 to 2019-20. The Tribunal considering the said documents, has rightly taken his average monthly income as Rs.45,000/-. It was observed that even after the accident, the petitioner/claimant was getting reasonable income. In fact, his income was increased from the assessment year 2013- 14 to 2019-20. Hence, the petitioner/claimant has not suffered any loss of earning capacity. It is further observed that fractures are united and there is no shortening of the right leg. There is no fracture to tibia but only to fibula and implants are in place. Therefore, the petitioner can do supervisory work with little difficulty. Considering the said factors, the Tribunal has not granted any amount under the head loss of future earning capacity. Therefore, this Court finds no reason to interfere with the said findings. - 6 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 7. As per Ex.P.13-medical bills, the petitioner/claimant has spent an amount of Rs.2,69,560/- for medical expenses, but the Tribunal has failed to consider the main bill and granted only Rs.85,849/- towards medical expenses. This Court finds it reasonable to grant a sum of Rs.2,69,560/- towards medical expenses. The Tribunal has granted an amount of Rs.80,000/- towards pain and suffering and it is confirmed. Loss of income during laid-up period is to be granted for 4 months i.e.,(45,000x4)=Rs.1,80,000/-. The petitioner/claimant is also entitled to Rs.40,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment and attendant charges. PW.2-doctor in his evidence stated that the petitioner/claimant requires another surgery and the estimated cost of the surgery is Rs.60,000/-. Therefore, this Court finds it reasonable to enhance the future medical expenses from Rs.20,000/- to Rs.60,000/-. - 7 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 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.6,69,560/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Particulars Amount in Rs. Pain and suffering 80,000.00 Medical expenses 2,69,560.00 Loss of income during laid up period(45,000x4) 1,80,000.00 Loss of amenities 40,000.00 Transportation, extra nourishment and attendant charges 40,000.00 Future medical expenses 60,000.00 Total 6,69,560.00 - 8 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 ii. The judgment and award dated 09.10.2024 passed in MVC No.4044/2020 on the file of the XXIII Additional Small Causes Judge, Motor Accident Claims Tribunal, Bengaluru, (SCCH-25), is modified. iii. The claimant is entitled to a sum of Rs.6,69,560/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,16,000/- granted by the tribunal. iv. Respondent Nos.2 and 4/Insurance Companies have already deposited the awarded amount before the tribunal. Therefore, respondent Nos.2 and 4/Insurance Companies are directed to deposit the enhanced compensation of Rs.3,53,560/- equally along with the - 9 - HC-KAR NC: 2026:KHC:2661 MFA No. 1746 of 2025 interest at 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. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 21