- 1 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MFA NO. 2430 OF 2024 (MV-I) BETWEEN: SRI. THEJESHA C S/O CHOWDAIAH AGED ABOUT 28 YEARS, R/AT 32 GEETHA COLONY YELACHENAHALLI, J P NAGAR, BENGALURU - 5600678 …APPELLANT (BY SRI. GIRIMALLAIAH., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE T P HUB KRISHI BHAVAN, 6TH FLOOR, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560042 BY ITS MANAGER 2. MR NOORULLA KHAN S/O SABU KHAN, MAJOR NO 24, GROUND FLOOR, 2ND CROSS, NEAR QUBA MOSQUE YARAB NAGAR, BENGALURU - 560 007 …RESPONDENTS (BY SRI. SHANKARA REDDY C., ADVOCATE FOR R1; VIDE ORDER DATED 18.04.2024 NOTICE TO R2 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2023 PASSED IN MVC NO. 5735/2021 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, 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 by the appellant-claimant against the judgment and the award of the tribunal passed in MVC No.5735/2021 dated 02.08.2023 by the II Additional Judge and ACMM, Court of Small Causes, Bengaluru. 3. Injured/claimant met with an accident on 31.07.2021 and filed claim petition claiming compensation of Rs.20,00,000/-. The tribunal after considering the entire evidence on record, granted an amount of Rs.9,78,319/- - 3 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 with interest at the rate of 6% per annum from the date of petition till its realization. 4. Being aggrieved by the said award, he preferred this appeal and mainly contended that he examined the doctor as PW3, and he assessed the disability as 27% to the upper limb, 24% to the lower limb and 16% to the whole body. But the tribunal has considered the same as 13%. He was hospitalized as an inpatient for 12 days. He was aged about 24 years. 5. He was doing bar bending work and earning Rs.30,000/- per month. But the tribunal has considered only notional income and the amounts granted under the other heads are meager; therefore, requested for enhancement of the compensation. 6. Learned counsel for the respondents stated that the tribunal rightly considered the disability assessed by the doctor and further observed that the fractures are united; as such he can do his bar bending work with some - 4 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 difficulty and accordingly tribunal has taken the functional disability as 13% and it needs no interference. 7. Though petitioner stated that he was earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- and he was aged 25 years as per Ex.P13, and the multiplier applicable is 18. 8. As per the evidence of the doctor -PW3, it is stated that the petitioner/appellant sustained the following injuries: 1. Left clavicle type 2 compound comminuted shaft fracture. 2. Left leg medial malleoli fracture. 3. Right 5th metacarpal base fracture. 4. Left Zygomatic maxillary complex fracture. All the injuries, Nos.1 to 4, are grievous in nature and further, the doctor stated that the petitioner underwent with ORIF with plate and screws for clavicle - 5 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 and POP case application for left ankle and right hand. It is further stated that daily activities like lifting weight and other coordinated activities of the upper limbs are found to be difficult. As per X-ray, it shows that clavicle united with implants in situ - ankle lateral malleoli united. It is stated that the injuries are permanent in nature and the whole body disability is assessed as 16%. The doctor assessed the upper limb disability as 27% and that of the lower limb is shown as 24%. So the total disability comes to 51%. So one third of 51% comes to 17%. 9. This court after considering the medical evidence, finds it reasonable to take the disability as 17% instead of 13% as assessed by the tribunal. The loss of future earning capacity comes to 15,000/-x12x18x17% = Rs.5,50,800/-. 10. Tribunal granted Rs.4,45,119/- towards medical expenses as per the medical records and it is confirmed. Petitioner was hospitalized for a period of 12 days. - 6 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 Considering the nature of injuries, period of hospitalization and other relevant factors, this court finds it reasonable to grant an amount of Rs.50,000/- towards pain and sufferings, Rs.25,000/- towards loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges and he might not have attended any other work at least for a period of 3 months. Therefore, Rs.45,000/- is awarded under the head loss of income during laid up period. 11. PW3 stated that he requires one more surgery for removal of the implants and the estimated cost of the surgery shown as Rs.20,000/-. Therefore this Court finds it reasonable to grant an amount of Rs.20,000 for future medical expenses. 12. The total compensation comes to Rs.5,50,800/- +Rs.4,45,119/- + Rs.50,000/- + Rs.25,000/- + Rs.30,000/- + Rs.45,000/- + Rs.20,000/- = Rs.11,65,919/-. - 7 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 13. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 5,50,800.00 2. Medical expenses 4,45,119.00 3. Pain and sufferings 50,000.00 4. Loss of amenities 25,000.00 5. Transportation, extra nourishment and attendant charges 30,000.00 6. Loss of income during the laid up period 45,000.00 7. Future medical expenses 20,000.00 TOTAL 11,65,919/- 14. The Tribunal has awarded the compensation of Rs.9,78,319/- but the appellant/claimant is entitled to total compensation of Rs.11,65,919/-. Compensation is enhanced from Rs.9,78,319/- to Rs.11,65,919/-. 15. Accordingly, I proceed to pass the following: - 8 - HC-KAR NC: 2026:KHC:4913 MFA No. 2430 of 2024 ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.5735/2021 dated 02.08.2023 by the II Additional Judge and ACMM, Court of Small Causes, Bengaluru is hereby modified holding that the claimant is entitled for enhanced total compensation of Rs.11,65,919/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.9,78,319/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.1,87,600/- with interest within 1 month from the date of this order. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. iv. Appellant is not entitled for interest for 138 days delay as per the orders in IA.No.1/2024 dated 29.01.2026. Sd/- (P SREE SUDHA) JUDGE RCK, List No.: 1 Sl No.: 23