- 1 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 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. 1949 OF 2024 (MV-I) BETWEEN: LOHITH KUMAR M.M, S/O MALLAPPA AGED ABOUT 30 YEARS R/AT MUSAVATHURU VILLAGE, ALADAHALLI POST, MALLIPATTANA HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. MANIKANTA S.D, S/O DYAVAIAH S.J, AGED ABOUT 34 YEARS, R/O SHIGODU VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. 2. DYAVAIAH S J S/O JAVARAIAH AGED ABOUT 77 YEARS, R/O SHIGODU VILLAGE, KONANURU HOBLI, ARAKALAGUD TALUK, HASSAN DISTRICT. …RESPONDENTS (R1 MANIKANTA S.D - SERVED; R2 DYAVAIAH S.J - SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.02.2024 PASSED IN MVC NO.1413/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Learned counsel for the appellant is present. 2. In spite of service of notice, the respondents did not turn up and were placed ex parte. 3. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 05.02.2024 passed in MVC No.1413/2022 on the file of the Senior Civil Judge and Member, MACT, Arakalagud, for enhancing the compensation. 4. Heard the arguments of the learned counsel for the appellant and learned counsel for the respondents. - 3 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 The ranks of the parties are retained as per Tribunal for the sake of convenience. 5. The petitioner/injured claimant 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.1,13,930/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 6. It is stated that the Tribunal has fixed contributory negligence at 50% on each of the vehicles. It is further stated that the petitioner/injured sustained grievous injuries and was treated as an inpatient for 7 days. The petitioner/injured is suffering from 14% disability to the whole body. But the Tribunal erred in considering the same at only 4%. The compensation awarded under the other heads is meagre. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 7. Learned counsel for the appellant stated that the petitioner/injured was doing agricultural work, business and animal husbandry and earning Rs.30,000/- per month, but 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 as per the chart prepared by the Karnataka State Legal Services Authority. The Tribunal has considered the age of petitioner as 30 years and has taken the multiplier as '17', which needs no interference. 8. As per Ex.P.5-wound certificate the petitioner sustained the following injuries: 1. Fracture clavicle left, 2.chest injury and 3. contusion back. The doctor has opined that the injury No.1 is grievous in nature and injury Nos.2 and 3 are simple in nature. - 5 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 9. The doctor–CW.1 assessed the disability of the left upper limb at 14% and further stated that the petitioner/injured requires one more surgery for removal of implants, the estimated cost of Rs.35,000/-. Learned counsel for the appellant contended that the doctor has already applied Kessler’s formula and assessed the disability at 14%. As such, 1/3rd of the same cannot be taken and it should be taken as 14% only. The doctor stated that the disability assessed is with respect to the limb and not the whole body. Therefore, 1/3rd of 14% come to 5% towards whole body disability. Accordingly, this Court finds it reasonable to take the disability at 5%. Hence, the loss of future earning capacity comes to Rs.1,58,100/- (Rs.15,500 × 12 × 17 × 5%). The petitioner/injured was hospitalized for a period of 7 days. He has produced medical bills under Exs.P.8 to P.23 and P.24 amounting to Rs.51,094/-. Therefore, the petitioner/injured is entitled to Rs.51,094/- under the head of medical expenses. Considering the nature of injuries, period of hospitalization, occupation of the petitioner/injured and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and - 6 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended to his work for a period of three months. Therefore, a sum of Rs.46,500/- (Rs.15,500 × 3) is awarded towards loss of earnings during the laid-up period. Since the petitioner/injured requires one more surgery for removal of implants, a sum of Rs.25,000/- is awarded towards future medical expenses. 10. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Pain and suffering 50,000/- Medical expenses 51,094/- Loss of income during laid up period 46,500/- Loss of future earning capacity 1,58,100/- Loss of amenities 25,000/- Transportation, extra nourishment and attendant charges 30,000/- Future medical expenses 25,000/- Total 3,85,694/- - 7 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 11. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,85,694/- along with interest at the rate of 6% p.a. 12. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 05.02.2024 passed in MVC No.1413/2022 on the file of the Senior Civil Judge and Member, MACT, Arakalagud, is modified. iii. The claimant is entitled to a sum of Rs.3,85,694/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,13,930/- granted by the tribunal. iv. Respondent Nos.1 and 2 are already deposited the awarded amount before the Tribunal. Therefore, respondent Nos.1 and 2 are - 8 - HC-KAR NC: 2026:KHC:5264 MFA No. 1949 of 2024 directed to deposit the enhanced compensation of Rs.2,71,764/- 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.: 56