- 1 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 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 MFA NO. 1820 OF 2025 (MV-I) BETWEEN: SHIVAKUMAR H V S/O. VENKATASHAMYGOWDA, AGED ABOUT 44 YEARS, R/AT.NO.59, RITU NILAYA, 4TH CROOS, BALAJI LAYOUT, KENCHANAHALLI MAIN ROAD, YELAHANKA NEW TOWN, BANGALORE-560 064 …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. SHARATH N KATTIMANI S/O. NAGARAJ F KATTIMANI, AGED MAJOR, R/AT. NO.35/2, 3RD CROSS, TOLLGATE, POLICE QTRS, MAGADI ROAD, BANGALORE-560 023 2. ICICI LOMBARD GENERAL INSURANCE CO.LTD., REP BY ITS MANAGER, 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M.G.ROAD, BANGALORE-560 042 …RESPONDENTS (BY SRI.S.KRISHNA KISHORE, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2024 PASSED IN MVC NO.6850/2022 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL AUSES, MEMBER, MACT, BENGALURU SCCH-17, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant-claimant against the judgment and the award of the tribunal passed in MVC No.6850/2022 dated 23.03.2024 by the XIX Additional Judge, Court of Small Causes, Bengaluru. 3. Injured- claimant met with an accident on 27.08.2022 and filed claim petition claiming compensation of Rs.30,00,000/-. The tribunal after considering the entire evidence on record, granted Rs.1,13,000/- with interest at the rate of 6% per annum from date of petition till realization. - 3 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 4. Being aggrieved by the said order, the appellant/claimant preferred this appeal and mainly contended that the amount granted under the heads is meager and no amount is granted for loss of income during the laid up period. He had examined the doctor, and the doctor assessed disability as 34% to the right upper limb and 17% to the whole body, and interest is to be granted at the rate of 9%. 5. Learned counsel for the respondents contended that though the doctor assessed 17% disability to the whole body. It was observed by the tribunal that he was running a medical shop, and even after the accident, he was getting income, as such he is not entitled to any compensation under the head loss of future earning capacity and thus there is no error in the award passed by the Tribunal, and thus the order of the Tribunal is to be confirmed. - 4 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 6. Though the appellant/petitioner stated he was running medical shop and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month. He was aged 42 years as per Ex.P12 - Aadhar Card and the multiplier that is applicable is 14. 7. Ex.P9 is the discharge summary and petitioner sustained comminuted volar barton fracture right distal radius hypertension. He underwent ORIF with VCP right distal radius + carpal tunnel release. Injury sustained is grievous in nature. 8. He also examined the doctor as PW3. He verified X-rays which is marked as Ex.P19 and Ex.P20. He was diagnosed to have Comminuted Vocal Barton # (Rt) Distal Radius. He under went surgery in the form of: ORIF with VCP (Rt) Distal Radius + Carpal tunnel release on 28.08.2022. As per the X-ray there is United # Distal - 5 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 Radius (Rt) with implants in situ and thus the doctor finally assessed the total disability of right upper limb as 34% and that of the whole body is 17%. It is stated by the doctor that patient is a pharmacist and the disability comes in the way of his working and he needs another surgery for removal of the implants and the estimated cost of the same is Rs.40,000/-. 9. The tribunal relied upon the citation reported in ILR 2010 Kar 2439 in the case of Sri.Subhash V/s. The New India Assurance Co. Ltd., Rep. By its Manager and others in which the conductor was continuing the service as such it was held that he is not entitled for any amount under the head loss of future earning capacity. 10. In this case, though, it is stated that the petitioner was running medical shop and getting income; neither the petitioner nor the respondents filed any documents to show that he is still earning more income - 6 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 even after the accident and the injuries sustained by him had no impact on running his business. In fact, as there is no income proof, this Court has taken the notional income as per the chart prepared by the Karnataka State Legal Services Authority. Therefore, the tribunal erred in appreciating the facts properly and did not grant any amount under the head loss of income during laid up period. Doctor assessed the disability as 34% to the right upper limb and the one-fourth of the same comes to 11%. This Court finds it reasonable to take the disability as 11% basing on medical evidence. The loss of future earning capacity comes to 15,500/- x12x14x11% = Rs.2,86,440/-. 12. Petitioner incurred Rs.9,000/- towards medical expenses and the said amount is already granted by the tribunal and it is confirmed. He was hospitalized for a period of 3 days. Therefore, considering the nature of injuries during the period of hospitalization, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering. - 7 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 Rs.25,000/- is granted for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attending charges and the petitioner might not have attended his work at least for a period of 3 months due to the injuries sustained in the accident. Therefore, Rs.15,500/- x3 = Rs.46,500/- is granted under the head loss of income during laid up period. PW3 also stated that he requires another surgery and estimated the cost of surgery to be Rs.40,000/-. This Court finds it reasonable to grant an amount of Rs.25,000/- for future medical expenses. 13. The total compensation comes to Rs.50,000/- +Rs.9,000/- + Rs.46,500/-+ Rs.25,000/- + Rs.30,000/- + Rs.25,000/- + Rs.2,86,440/- = Rs.4,71,940/-. 14. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards pain and sufferings 50,000.00 - 8 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 2. Towards medical expenses 9,000.00 3. Towards loss of income during laid up period 46,500.00 4. Loss of amenities 25,000.00 5. Transportation, extra nourishment and attending charges 30,000.00 6. Future medical expenses 25,000.00 7. Loss of future earning capacity 2,86,440.00 TOTAL 4,71,940/- 15. The Tribunal has awarded the compensation of Rs.1,13,000/- but the appellant/claimant is entitled to total compensation of Rs.4,71,940/-. Compensation is enhanced from Rs.1,13,000/- to Rs.4,71,940/-. 16. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.6850/2022 dated 23.03.2024 by the XIX Additional Judge, Court of Small Causes, Bengaluru is - 9 - HC-KAR NC: 2026:KHC:4912 MFA No. 1820 of 2025 hereby modified holding that the claimant is entitled for total compensation of Rs.4,71,940/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.1,13,000/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.3,58,940/- with interest at the rate of 6% p.a. within 1 month from the date of this order. On such deposit, petitioner is permitted to withdraw the entire amount along with interest on the said amount. iv. Appellant is not entitled for interest for delay of 217 days as per the order in IA.No.1/2025 dated 29.01.2026. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 12