- 1 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.2116 OF 2025 (MV-I) BETWEEN: DARSHAN S/O PATHALINGAPPA, NOW AGED ABOUT 21 YEARS, R/O TAGARANAHATTI VILLAGE, CHITRADURGA TALUK AND DISTRICT - 577 501 …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. Y. YOGARAJ S/O RAMAKRISHNAPPA, AGED MAJOR, R/O ERAJJANAHATTI VILLAGE, SIDDAPURA POST, CHITRADURGA TALUK DISTRICT 2. THE BRANCH MANAGER, CHOLAMANDALAM M S GENERAL INSURANCE CO, LTD., BRANCH OFFICE, NO. GOLDEN HEIGHTS COMPLEX, UNIT NO.4, 9TH FLOOR, LEVEL 6TH, 59TH CROSS, 4TH M BLOCK, INDUSTRIAL SUBURB, Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 RAJAJINAGARA, BANGALORE - 560 001 …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; V/O DATED 22.01.2026 NOTICE TO R1 IS D/W) THIS MFA FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC.NO.12/2022 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND ADDITIONAL MACT-III, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., 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 from both sides. 2. This appeal is filed against the judgment and award dated 30.03.2024 passed in M.V.C.No.12/2022 by the Prl. Senior Civil Judge and Addl. MACT-III, Chitradurga, (henceforth referred to as 'Tribunal'). 3. The injured claimant met with an accident on 26.10.2021 and filed a claim petition claiming compensation of Rs.30,00,000/-. The Tribunal after considering the facts and circumstances and evidence on - 3 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 record, has awarded the compensation of Rs.6,78,513/- 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 has suffered grievous injuries, but the Tribunal has granted meager compensation under the head pain and suffering and has granted lesser amount under all the other heads. 5. In the present case, though the claimant was earning an amount of Rs.30,000/- per month by doing agricultural work, the Tribunal has taken income of the claimant at Rs.12,000/- pm. Hence, prays for enhancement of compensation. 6. Learned counsel for the respondent contended that the Tribunal has rightly assessed and taken 1/3rd of the disability assessed by the doctor and it needs no interference. - 4 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 7. Though, the petitioner stated that he was earning Rs.30,000/- p.m., but he has not filed any proof of income. He met with an accident in the year 2021, therefore, his notional income is to be taken at Rs.15,000/- per month as per the Chart prepared by the Karnataka State Legal Services Authority. The claimant was aged about 18 years as per complaint, wound certificate and charge sheet-Ex.P.2, Ex.P.7 and Ex.P.8, therefore, the appropriate multiplier applicable is “18”. 8. The petitioner examined the doctor as P.W.2 and as per Ex.P.7, he sustained the following injuries: (i) Swelling with deformity of lower 1/3rd of thigh (crush injury with protrusion of bone) measuring 3x2 cm] (ii) Fresh abrasion extending from left infraxilla of right iliac region 25x3 cm (iii) Comminuted fracture of M/3, L/3 junction of right femur with comminuted displaced fracture of right patella with Nil NVD + mild hemophemo peritoneum + undisplaced fracture of splenoid sinus + splenic rupture with mild hamoperitoream + mild soft tissue injury of ant abdominal wall. - 5 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 9. The doctor who is examined as P.W.2 has stated in his evidence that he had diagnosed the petitioner to have sepenic injury with right side Grade –II open distal femur fracture with comminuted patella fracture with multiple rib fracture with haemopnemothorax with hypovolumic shock and restriction of movements of knee and hip with reduced muscle strength. The X-ray dated 31.01.2023 shows right side united fracture femur with malunited patella fracture with implants in situ with secondary patellaofemoral arthritis. The Tribunal has taken 1/3rd of 41% of disability, which comes to around 13%. Admittedly, as there is malunited patella fracture, the Tribunal ought to have taken the disability at 18% instead of 13%. Hence, the compensation under the head loss of future earning capacity comes to Rs.5,83,200/-. Rs.15,000/- x 12 x 18 x 18%=Rs.5,83,200/- 10. The claimant was in the hospital for a period of more than one month. Therefore, considering the nature - 6 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 of injuries, period of hospitalization and other element factors, this Court deems fit to award compensation of Rs.60,000/- under the head “Pain and Suffering”, Rs.30,000/- under the head 'Loss of amenities' and Rs.40,000/- under the head 'Transportation, food, nourishment and attendant charges'. 11. 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, the compensation under the head of 'loss of income during laid up period' comes to Rs.60,000/- (Rs.15,000 x 4 months). 12. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 60,000/- 2. Loss of amenities' 30,000/- 3. Transportation, Attendant, food and nourishment 40,000/- - 7 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 charges 4. Loss of future earning capacity due to disability 5,83,200/- 5. 'loss of income during laid up period 60,000/- Total 7,73,200/- 13. The Tribunal has awarded the compensation of Rs.6,78,513/-, but the appellant/claimant is entitled to total compensation of Rs.7,73,200/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.94,687/- (Rs.7,73,200/- - Rs.6,78,513/-). 14. The Insurance Company has already deposited the award amount before the Tribunal. Hence, respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.94,687/- before the Tribunal with interest at the rate of 6% p.a., from the date of petition till realization. 15. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 8 - HC-KAR NC: 2026:KHC:3606 MFA No. 2116 of 2025 ii. The impugned judgment and award dated 30.03.2024 passed in M.V.C.No.12/2022 by the Prl. Senior Civil Judge and Addl. MACT-III, Chitradurga, is hereby modified holding that the appellant/claimant is entitled for enhanced compensation of Rs.94,687/- along with interest at the rate of 6% per annum from the date of claim petition till realization. iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount of Rs.94,687/- 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 PB List No.: 1 Sl No.: 8