- 1 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 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. 1796 OF 2025 (MV-I) BETWEEN: SRI. R. JAGANNATHA, SON OF RACHAPPA, AGED ABOUT 54 YEARS, RESIDING AT 2ND STAGE, MARUTHI EXTENSION, WARD NO.8, MALUR - 563 130. …APPELLANT (BY SRI. NAGAMANJU K.S, ADVOCATE) AND: 1. SRI. NARAYANAPPA SON OF VENKATARAMANAPPA, MAJOR, RESIDING AT KUPPUR VILLAGE, HASANDAHALLI POST, MALUR TALUK, KOLAR DISTRICT. 2. THE HDFC ERGO GENERAL INSURANCE COMPANY LTD., SHANKARANARAYANA BUILDING, M.G.ROAD, BANGALORE - 01. …RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2; R1 - SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.06.2024 PASSED IN MVC NO.2619/2020 ON THE FILE OF THE COURT OF XXIV ADDITIONAL SMALL CAUSES JUDGE, MACT, ACMM, SCCH-26, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.06.2024 passed in MVC No.2619/2020 on the file of the XXIV Additional Small Causes Judge and ACMM, Member-MACT, SCCH-26, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The brief facts of the case are that the petitioner/injured had met with an accident on 23.06.2020. He - 3 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 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.2,11,808/- with interest at the rate of 6% p.a., from the date of 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/claimant was aged 50 years, doing wholesale & retail vegetable business and earning Rs.20,000/- per month. After the accident, he was bedridden and lost his earnings. The amounts granted under the other heads are meager. Therefore, requested for enhancement of compensation. 5. Learned counsel for respondent No.2/Insurance Company submitted that the evidence of PW.2-doctor is not trustworthy as per the cross-examination. As such, the Tribunal has rightly assessed the disability at 10% instead of 15% as assessed by PW.2 and the same needs no interference. The amounts awarded under the other heads are also reasonable. 6. Though the petitioner stated that he was earning Rs.20,000/- per month, but he has not produced any income - 4 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 proof before the Tribunal. The petitioner/claimant met with an accident in the year 2020. Therefore, the Tribunal has rightly taken his notional income at Rs.14,500/- per month. As per Ex.P.13, his age was taken as 64 years and the applicable multiplier as '7'. As per Ex.P.9-wound certificate, the petitioner sustained sutured lacerated wound over right zygomatic region and CT brain plain shows left temporal hematoma with edema, which are grievous in nature. PW.2-doctor stated that the petitioner sustained injury to his head and was admitted in NIMHANS on 24.06.2020, CT brain revealed left temporal contusion with edema. On 25.06.2020 he underwent left temporal craniotomy and evacuation of contusion and discharged on 25.06.2020, subsequently he was reportedly treated at Government Hospital, Malur. On examination it revealed that a conscious patient with a left temporal scar, he had impaired memory and intelligence, he had poor verbal output and was unable to name simple objects. MMSE was done on 23.01.2024 and he obtained a score of 17/30 which is low, skull X-ray done on 19.01.2024 revealed features of left fronto temporo parietal craniotomy, bone flap seen in situ. PW.2 assessed whole body disability at 15%. As per Ex.P.12- - 5 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 discharge summary, the petitioner/claimant was treated as an inpatient for two days. The Tribunal observed that the disability assessed by PW-2 was on the higher side and assessed the same at 10% without any reasons. Therefore, this Court finds it reasonable to assess the disability of the petitioner at 15%, as per the evidence of PW-2. Accordingly, the loss of future earning capacity comes to Rs.1,82,700/- (Rs.14,500 × 12 × 7 × 15%).The Tribunal has awarded a sum of Rs.9,008/- towards medical expenses, which does not call for any interference. The petitioner might not have attended to his work for a period of three months. Therefore, the loss of income during the laid-up period comes to Rs.43,500/- (Rs.14,500 × 3). He is also entitled to a sum of Rs.30,000/- towards transportation, extra nourishment, and attendant charges. The Tribunal has awarded a sum of Rs.25,000/- towards pain and suffering. This Court finds it reasonable to enhance the same to Rs.50,000/- towards pain and suffering and to award a sum of Rs.30,000/- towards loss of amenities. 7. Thus in all, compensation awarded by this Court is as below: - 6 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,45,208/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 12.06.2024 passed in MVC No.2619/2020 on the file of the XXIV Additional Small Causes Judge and Particulars Amount in Rs. Pain and suffering 50,000.00 Medical expenses 9,008.00 Loss of income during laid up period(14,500x3) 43,500.00 Loss of future earning capacity(14,500x12x7x15%) 1,82,700.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Total 3,45,208.00 - 7 - HC-KAR NC: 2026:KHC:2659 MFA No. 1796 of 2025 ACMM, Member-MACT, SCCH-26, Bengalur, is modified. iii. The claimant is entitled to a sum of Rs.3,45,208/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,11,808/- 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.1,33,400/- along with the 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.: 23