- 1 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.1622 OF 2025(MV-I) BETWEEN: SIDDARAJU @ MARALUSIDDA S/O SIDDAPPA, NOW AGED ABOUT 37 YEARS, R/AT NO.41, NEAR VAJRESHWARI THEATER, ULLALU, BANGALORE - 560 056 …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. MOHAMMED NAYAMUDDIN AGED MAJOR, R/AT NO.8-53, KOTHAKOTA, MAHABUB NAGAR DISTIRCT, TELANGANA STATE - 509 381. 2. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, UNIT NO.4, 9 (TH) FLOOR, GOLDEN HEIGHTS COMPLEX, 59TH 'C' CROSS, RAJAJINAGAR, 4 'M' BLOCK, BANGALORE - 560 010. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R2; V/O DATED 28.01.2026 NOTICE TO R1 IS D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 21.09.2024 PASSED IN MVC NO.1533/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 21.09.2024 passed in MVC No.1533/2020, by the Court of the Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru (SCCH-01) (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 07.12.2017 and filed a claim petition seeking - 3 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 compensation of Rs.15,00,000/-. The Tribunal, after considering the oral and documentary evidence on record, awarded a total compensation of Rs.3,39,184/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said award, the present appeal is preferred. It is mainly contended that the appellant sustained grievous injuries, but the Tribunal granted meager compensation under other heads. PW.2, the doctor, assessed the disability at 47% to the left lower limb and 16% to the whole-body, but the same was not considered. The appellant is also entitled to interest at the rate of 9% per annum. 5. Learned counsel for the respondent contended that, in the cross-examination, the doctor admitted that the fractures had united and that there was no shortening of limb as such. It was further contended that the Tribunal rightly did not consider the disability and granted - 4 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 reasonable amounts under other heads and therefore, it needs no interference. 6. It is stated that the appellant was working as a driver and earning Rs.25,000/- per month, however, he has not filed any proof of income. Since the accident occurred in the year 2017, his notional income is taken as Rs.11,000/- per month. As per Ex.P.14, the date of birth of the appellant is 15.07.1979 and the accident occurred on 07.12.2017. Therefore, he was aged 38 years at the time of the accident and the applicable multiplier is '15'. 7. PW.2, the doctor stated that the appellant sustained a fracture of the left femur with head injury and that he was treated with C.R.I.F., with IMLA nailing on 08.12.2017 and was later discharged on 15.12.2017. He was on regular treatment and the fracture has united. However, the appellant complained of pain in the left thigh and is unable to sit, squat, sit cross-legged, and is also unable to lift weights. There is a mild limping gait, restricted movements of the left hip and knee and mild - 5 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 wasting of the thigh muscles. As per the X-ray, the left femur shows a united fracture with the implant in situ. Accordingly, PW-2 assessed the disability at 47% to the left lower limb and 16% to the whole body. He further stated that appellant requires another surgery for removal of the implants and the estimated cost of the surgery is Rs.60,000/-. 8. In the cross-examination, PW-2 admitted that he was not the treated doctor. Considering the medical evidence on record, this Court finds it reasonable to assess the disability at one-third of 47% as 16%. Therefore, 'loss of future earning capacity' comes to Rs.11,000/-x12x15x16%=Rs.3,16,800/-. 9. The appellant was hospitalized for a period of seven days. The Tribunal granted a sum of Rs.1,12,184/- towards 'medical expenses' and the said amount is confirmed. Considering the nature of the injuries, the period of hospitalisation and other relevant factors, this Court finds it reasonable to grant Rs.60,000/- towards - 6 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 'pain and suffering', Rs.30,000/- towards 'loss of amenities', and Rs.44,000/- towards 'loss of income during laid-up period' as the appellant might not have attended any work at least for four months. A further sum of Rs.30,000/- is awarded towards 'transportation, extra nourishment and attendant charges'. The appellant is also required to Rs.30,000/- toward 'future medical expenses' for removal of the implants. 10. Thus, the compensation awarded by this Court is as follows: Particulars Amount in Rs. Loss of future earning capacity 3,16,800.00 Medical bills 1,12,184.00 Pain and suffering 60,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expenses 78,216.00 Loss of income during laid up period 44,000.00 Future medical expenses 30,000.00 Total 6,22,984.00 - 7 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.6,22,684/- as against Rs.3,39,184/- awarded by the Tribunal. The enhanced compensation works out to Rs.2,83,800/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 21.09.2024 passed in MVC No.1533/2020, by the Court of the Chief Judge, Court of Small Causes, Member Principal, Motor Accident Claims Tribunal, Bengaluru (SCCH-01), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.2,83,800/-. (Rs.6,22,984/- minus Rs.3,39,184/-) with interest at the rate of 6% per annum from the date of petition till its realization. - 8 - HC-KAR NC: 2026:KHC:4829 MFA No. 1622 of 2025 iv. Respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.2,83,800/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 17