- 1 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 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. 1831 OF 2025 (MV-I) BETWEEN: SHIVALINGAIAH S/O. MUNIYAPPA, AGED ABOUT 52 YEARS, MADIHALLI PALYA, TURUVEKERE, TUMKURU, KARNATAKA-572 227 …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. K. MANJUNATH S/O. KASHIRAJA, R/AT. NO.19, KACHIHALLI, MUTTUGADAHALLI, TURUVEKERE TQ., TUMKURU-572 221 2. CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, R/AT. UNIT NO.4, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUB-URB, RAJAJINAGAR, BANGALORE, KARNATAKA-560 010 3. NARASIMHAMURTHY AGED MAJOR R/AT. PALPALDINNE, LAGHUMANEHALLI, SRI SUBRAMANYAGHATI, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 DODDABALLAPURA, BANGALORE RURAL -561203 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR RESPONDENT NO.2; VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2024 PASSED IN MVC NO.1136/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, 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 against the judgment and award dated 30.11.2024 passed by the Chief Judge, Court of Small Causes and Member, Principal Motor Accident Claims Tribunal, Bengaluru (henceforth referred to as 'Tribunal') in M.V.C.No.1136/2023. - 3 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 3. The injured claimant, aged 50 years met with an accident on 20.09.2022 and filed a claim petition claiming compensation of Rs.15,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.5,02,500/- along with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said judgment and award of the Tribunal, the claimant has preferred this appeal contending that he was hospitalized for a period of 14 days and he sustained grievous injuries. The Doctor-PW.3 has assessed the disability as 45% to the left lower limb and 15% to the whole body, but no amount is granted under the head 'loss of future earning capacity due to disability' and also no amount is granted for 'future medical expenses'. The compensation awarded under the other heads is meager. Therefore, he prays for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 5. The learned counsel for respondent No.2 contended that though the Tribunal has not awarded compensation under the head 'loss of future earning capacity due to disability', but has awarded excessive compensation under other heads. 6. In the present case, the claimant has stated that he was doing coolie work and was earning an amount of Rs.25,000/- per month. But he has not filed any proof of income. As the accident had occurred on 20.09.2022, the Tribunal has rightly taken the notional income of the claimant as Rs.15,500/- per month as per the Chart prepared by the Karnataka State Legal Services Authority. He was aged 50 years and the multiplier is taken as '13'. 7. As per Ex.P.8/wound certificate, the appellant/claimant has sustained compound fracture of both bones of leg. The appellant/claimant has examined a Doctor as PW.3. The Doctor-PW.3 has assessed the permanent physical disability of 45% to the left lower limb - 5 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 and 15% to the whole body. The Tribunal observed that the fractures are united and the claimant never suffered fracture at the knee joint or ankle joint and accordingly not granted any amount under the head of 'loss of future earning capacity due to disability'. The said observation of the Tribunal is erroneous. Considering the nature of injuries and medical evidence, this Court finds it reasonable to take the disability as 15%. Therefore, the 'loss of future earning capacity due to disability' is assessed as Rs.15,500 x 12 x 13 x 15% = Rs.3,62,700/-. 8. The Tribunal has awarded an amount of Rs.2,64,500/- towards medical expenses as per the documents and the same is confirmed. 9. The claimant was hospitalized for a period of fourteen days. Considering the nature of injuries sustained and period of hospitalization, this Court finds that the claimant might not have attended any other work at least for a period of four months. Therefore, for four months, - 6 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 the compensation under the head of 'loss of income during laid up period' comes to Rs.62,000/- (Rs.15,500 x 4 months). 10. Further, this Court finds it reasonable to award Rs.50,000/- under the head 'Pain and suffering', Rs.30,000/- under the head 'Loss of amenities' and Rs.30,000/- under the head 'Transportation, food, nourishment and attendant charges'. Further, PW.3-Doctor stated that the claimant requires another surgery for removal of implants and this Court finds it reasonable to award Rs.25,000/- under the head 'future medical expenses'. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Medical Expenses 2,64,500 3. Loss of income during laid up period 62,000 4. Loss of future earning capacity due to disability 3,62,700 - 7 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 5. Loss of amenities 30,000 6. Transportation, Attendant, food and nourishment charges 30,000 7. Future Medical Expenses 25,000 Total 8,24,200 12. The Tribunal has awarded the compensation of Rs.5,02,500/- but the appellant/claimant is entitled to total compensation of Rs.8,24,200/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.3,21,700/- (Rs.8,24,200- Rs.5,02,500). 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 30.11.2024 passed by the Chief Judge, Court of Small Causes and Member, Principal Motor Accident Claims Tribunal, Bengaluru, in M.V.C.No.1136/2023 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.3,21,700/- along with interest at the rate of - 8 - HC-KAR NC: 2026:KHC:3241 MFA No. 1831 of 2025 6% per annum from the date of claim petition till realization. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% per annum, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE PMR List No.: 1 Sl No.: 15