- 1 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1821 OF 2025 (MV-I) BETWEEN: UMESH V S/O. LATE VENKATESH T AGED ABOUT 45 YEARS, R/AT. SANTHEMOGENAHALLI, CHANNAPATTANA, RAMANAGAR, KARNATAKA - 562 138. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. LAKSHMAN S/O. KALAMUNESHWARA, R/AT. NO. 149, NEW #110, 2ND MAIN, 2ND CROSS, MARUTHINAGAR, MYSORE ROAD, BENGALURU - 560 026. 2. THE CHOLA MS GENERAL INSURANCE CO.LTD., REP. BY ITS MANAGER, R/AT. NO.4, 9TH FLOOR, GOLDEN HEIGHT COMPLEX, LEVEL-6, 59TH C CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU - 560 010. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 27.01.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.09.2024 PASSED IN MVC NO.5876/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRL. MACT, BENGALURU, (SCCH-1), 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.09.2024 passed in MVC No.5876/2022 on the file of the Chief Judge, Court of Small Causes and Member, Prl. Motor Accident Claims Tribunal, Bengaluru (SCCH-1), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 27.09.2021. The petitioner/injured claimant had filed claim petition before the Tribunal claiming compensation of Rs.15,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.3,03,300/- with interest at the rate of 6% p.a. from the date of petition till its realization. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the Tribunal has not granted any amount under head loss of future earning capacity though petitioner sustained grievous injuries and was hospitalised for a period of 4 days. The petitioner/claimant examined the doctor as PW.3, who assessed the permanent physical disability at 48% to the right lower limb and 16% to the whole body. The amount granted under the other heads is meagre and - 4 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 interest is to be granted at the rate of 9% p.a. and therefore, seeks enhancement of compensation. 5. Learned counsel for respondent No.2-Insurance Company stated that PW.3 is not a treated doctor and as such, no amount was granted under this head. The order of the Tribunal is just and reasonable. 6. It is stated that the petitioner was aged 42 years and was working as a salesman and earning a sum of Rs.25,000/- p.m. But no evidence is produced before the Tribunal in proof of his income. As he met with an accident in the year 2022, the Tribunal has rightly taken the notional income of Rs.15,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 42 years at the time of accident and the applicable multiplier is '14'. Petitioner sustained fracture of shaft of right tibia fibula and abrasion over right elbow and took treatment as an inpatient from 27.09.2022 to 01.10.2022 i.e., for a period of 4 days. The - 5 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 petitioner/claimant examined the doctor as PW.3 and he stated that petitioner suffered permanent physical disability at 48% to the right lower limb and 16% to the whole body. Though he is not a treated doctor he verified the x-ray, case sheet and other relevant documents. It is further stated that the fractures are united with implants and there are no fractures at knee joint and ankle joint and there is no loss of muscles at knee joint/ankle joint. Admittedly, petitioner sustained grievous injuries, therefore, this Court finds it reasonable to rely upon the medical evidence and assess the disability as 16% (1/3rd of 48%). Therefore, loss of future earning capacity comes to Rs.15,500/- x 12 x 14 x 16% = Rs.4,16,640/-. The amount granted by the Tribunal under the other heads is just and reasonable and it is confirmed. Accordingly, the total compensation is enhanced from Rs.3,03,300/- to Rs.7,19,940/-. 10. Thus in all, compensation awarded by this Court are as below: - 6 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 Pain and Suffering : Rs. 70,000/- Towards treatment : Rs. 95,800/- Loss of Amenities and and future happiness : Rs. 50,000/- Towards Conveyance, Attendant charges and nourishing food : Rs. 10,000/- Loss of income during laid up period : Rs. 77,500/- Loss of future earning capacity : Rs. 4,16,640/- TOTAL : Rs. 7,19,940/ - 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,19,940/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. - 7 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 ii. The judgment and award dated 05.09.2024 passed in MVC No. 8765/2022 on the file of the Chief Judge, Court of Small Causes and Member, Prl. Motor Accident Claims Tribunal, Bengaluru (SCCH-1), is modified. iii. The claimant is entitled to a sum of Rs.7,19,940/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization, instead of Rs.3,03,300/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of *Rs. 4,16,640/- along with the interest at the rate of 6% p.a. within one month from the date of this order. *Corrected vide Court order dt. 10.03.2026 - 8 - HC-KAR NC: 2026:KHC:4418 MFA No. 1821 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 7