- 1 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2569 OF 2024 (MV-I) BETWEEN: SRI. SHAIK SHAMEER S/O SHAIK SAMIULLA AGED ABOUT 21 YEARS, R/AT SHIKARIPALYA HULIMANGALA POST, JIGANI HOBLI, ANEKAL TALUK BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. ACKO GENERAL INSURANCE COMPANY LTD., NO.36/5, HOSTELHUB ONE EAST, SOMASUNDARAPALYA, 27TH MAIN, HSR LAYOUT, BENGALURU - 560 042, BY ITS MANAGER. 2. SRI. RIYAZ P S S/O SHANU BHASHA, MAJOR (AGE OF R-2 NOT KNOWN TO THE APPELLANT) NO.336, MAHALAKSHMI LAYOUT VITTASANDRA VILLAGE, NEAR ZUBEDA MASJID, BANGALURU SOUTH, BENGALURU - 560 100. …RESPONDENTS (BY SRI. PRADEEP B, ADVOCATE FOR R1; VIDE ORDER DATED 04.08.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.01.2024 PASSED IN MVC NO.6018/2021 ON THE FILE OF THE XII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-8, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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 09.01.2024 passed in MVC No.6018/2021 on the file of the XII Additional Small Causes Judge and ACMM, MACT, Bengaluru, (SCCH-8) for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 3. The petitioner/injured claimant met with an accident on 06.12.2021 and filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,08,922/-. The Tribunal granted interest at the rate of 6% p.a., on amount of Rs.3,78,922/- from the date of filing the petition till the date of realization, (No interest on future medical expenditure). Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured sustained grievous injuries and was hospitalized for a period of three days as an inpatient. He has shortening of the lower limb by 2 Cm. Accordingly, the doctor assessed the permanent disability of the lower limb at 42.43% and to whole body 14%. The petitioner/injured requires another surgery for delayed union, exchange nailing and bone grafting, the estimated cost of which is Rs.1,00,000/-. The petitioner/injured was aged 18 years and was working as a Cable Operator, earning Rs.20,000/- per month. But the Tribunal granted meagre amounts under the - 4 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 other heads and awarded inadequate compensation. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent No.1/insurance company stated that the petitioner/injured was aged 18 years and in the course of time, the fractures would unite. As such, the Tribunal has rightly assessed the disability at 10%, which needs no interference. It is further stated that the petitioner/injured has not filed any records to show that he underwent surgery for removal of the implants. But the Tribunal granted future medical expenses and it needs interference. Though it is contended that the petitioner/injured was working as a Cable Operator and earning Rs.20,000/- 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 at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 18 years and the applicable multiplier is ‘18’. As per Ex.P.5-wound certificate, the petitioner/injured sustained the following injuries: i. Abrasion over right knee joint - 5 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 ii. Tenderness over right femur iii. X-ray shows-comminuted right fracture 6. The petitioner/injured examined the treated doctor as PW.2. He stated that the petitioner/injured sustained a comminuted fracture of the mid-shaft of the right femur and the fractures are not yet united. The Tribunal has observed that the petitioner was young, the fracture would reunite or even if it is malunited, it would not affect his earning capacity. Accordingly, the Tribunal assessed the disability at 10%. It is further stated that the petitioner underwent surgery for the right femur, wherein closed reduction and interlocking nail was applied. The doctor further stated that the petitioner requires another surgery, the estimated cost of which is Rs.1,00,000/-. He assessed the permanent disability of the lower limb at 42.43% and that of the whole body is 14.14%. He also disclosed that, as the injuries are permanent in nature, the petitioner would not be able to engage in heavy manual work. This Court finds it reasonable to take 1/3rd of 42.43% i.e., 14% instead of 10% as assessed by the Tribunal. Accordingly, the loss of future earning capacity comes to Rs.4,53,600/- - 6 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 (Rs.15,000 × 12 × 18 × 14%). The Tribunal has awarded Rs.77,122/- towards medical expenses and it needs no interference. The petitioner/injured was hospitalized for a period of three days. Considering the nature of injuries, the medical evidence and the shortening of the right lower limb by 2 cm, this Court finds it reasonable to grant a sum of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have able to attend work for at least a period of three months. Therefore, a sum of Rs.45,000/- (Rs.15,000 × 3) is awarded towards loss of income during the laid-up period. Considering the medical evidence, this Court finds it reasonable to enhance the compensation towards future medical expenses to Rs.50,000/- instead of Rs.30,000/- granted by the Tribunal. 7. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.7,30,722/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 09.01.2024 passed in MVC No.6018/2021 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 77,122/- 3 Towards loss of amenities 25,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards loss of income during laid up period 45,000/- 6 Towards future medical expenses 50,000/- 7. Towards loss of future earning capacity 4,53,600/- Total 7,30,722/- - 8 - HC-KAR NC: 2026:KHC:7237 MFA No. 2569 of 2024 XII Additional Small Causes Judge and ACMM, MACT, Bengaluru, (SCCH-8), is modified. iii. The claimant is entitled to a sum of Rs.7,30,722/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,08,922/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.3,21,800/- 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.: 89