- 1 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2697/2025 (MV-I) BETWEEN: RANGASWAMY T S/O MALLAPPA, NOW AGED ABOUT 38 YEARS, R/AT BETHUR VILLAGE, HIRIYUR TALUK, PRESENTLY R/AT, KELAGOTE, C.K. PURA, CHITRADURGA. …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. SANNA RANGAPPA S/O RAMAPPA, AGED MAJOR, R/AT BIDARKERE VILLAGE, HIRIYUR TALUK 2. THE MANAGER CHOLAMANDALA GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR, LOVEL-06 GOLDEN HIGH COMPLEX, BANGALORE- 560 010 59TH CROSS, INDUSTRIAL SUBURB, RAJAJINAGAR, 4TH M BLOCK, BANGALORE-560 010. …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2, V/O DTD:21.01.2026 NOTICE TOR R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2024 PASSED IN MVC NO. 718/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, JMFC, HIRIYUR, CHITRADURGA, 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 24.04.2024 passed in MVC No. 718/2022 on the file of the Senior Civil Judge and Additional MACT, JMFC, Hiriyur, Chitradurga, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent no.2. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant aged about 35 years met with an accident on 06.09.2021 and filed claim petition claiming - 3 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.4,56,000/- along with interest at the rate of 6% p.a. 4. Aggrieved by said order, this appeal is preferred by the petitioner, in which it is mainly contented that the petitioner was working as a coolie and also doing agriculture work and was earning Rs.30,000/- per month, but the tribunal considered the salary of the petitioner as Rs.12,000/- per month. The amount granted under other heads are meager, also requested to grant the interest rate at 9% p.a. 5. Learned counsel for respondent contended that the tribunal considered all the aspects and rightly granted just compensation and it needs no inference. 6. 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/- as per the chart - 4 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 prepared by Karnataka State Legal Services Authority. The petitioner was aged 35 years and the multiplier taken is 16. The petitioner sustained the following injuries,(1) Right Femur Fracture, (2) Swelling in right thigh and (3) Lacerated wound in right Knee. The petitioner also examined doctor as PW2 and doctor issued disability certificate under Ex.P9 and assessed the disability as 30% to the whole body. Tribunal has rightly taken disability as 15% and it needs no interference. Hence, loss of future earning capacity comes to Rs.15,000 x 12 x 16 x 15% = Rs.4,32,000/-. He was hospitalized for a period of 15 days. Considering the nature of injuries, period of hospitalisation and the occupation of the petitioner, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges and Rs.10,000/- for medical expenses. The petitioner might not have attended any other work at least for a period of 3 months. - 5 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 Therefore, Rs.45,000/- is to be granted under the head loss of income during laid-up. 7. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.4,56,000/- to Rs.5,92,000/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1 Loss of future earning capacity 4,32,000 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 transportation, extra nourishment and attendant charges 30,000 5 Loss of income during laid down period 45,000 6 Future medical expenses 10,000 Total 5,92,000 - 6 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 24.04.2024 passed in MVC No. 718/2022 on the file of the Senior Civil Judge and Additional MACT, JMFC, Hiriyur, Chitradurga, is modified. iii. The claimants are entitled to a sum of Rs.5,92,000/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,56,000/- granted by the tribunal. iv. Respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,36,000/- along with the interest at the rate of 6% p.a. within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:3384 MFA No. 2697 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 21.01.2026, the delay of 255 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 18