- 1 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 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 MISCELLANEOUS FIRST APPEAL NO. 2831/2025 (MV-I) BETWEEN: S ILLIYAZ ALI S/O. S JABEED HUSSAIN, AGED ABOUT 20 YEARS, R/AT. NO.5-89, RAJEEVNAGAR, KALAKADA, CHITTOOR, ANDHRA PRADESH-517 236 …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. IFFCO TOKIO GENERAL INSURANCE CO. LTD., REP. BY ITS MANAGER, R/AT. SRI SHANTHI TOWERS, 5TH FLOOR, NO.141, II MAIN, EAST TO NGEF LAYOUT, KASTURINAGAR, BANGALORE-560 001. 2. MR. BATTHINA VENKATARAMANA S/O. B LAKSHMANNA, R/AT. D.NO.2-32, ETHAMANUVADDIPALLI VILLAGE, GUNDLU KALIKARI MANDALAM, CHITTOR, ANDHRA PRADESH-517 325 …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 V/O DTD: 23.01.2026 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.07.2023 PASSED IN MVC NO. 635/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 06.07.2023 passed in MVC No.635/2020 on the file of the Chief Judge, Court Of Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant aged 17 years met with an accident on 24.11.2019 and filed claim petition claiming - 3 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 compensation of Rs.30,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.5,00,000/- with interest at the rate of 6% from date of petition till deposit. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the petitioner sustained grievous injury, but the amount granted by the Tribunal under the other conventional heads is meager. Therefore, requested for enhancement of the compensation. The petitioner was aged 17 years, at the time of the accident. As he met with an accident in the year 2019 and not filed any income proof, this court finds it reasonable to take the notional income of Rs.14,000/- as per the chart prepared by Karnataka State Legal Services Authority and the multiplier taken is 18. As per Ex.P14/Wound Certificate, the petitioner sustained compound wound exposing bones on left lower thigh and as per X-ray report, the petitioner has sustained communited fracture shaft of left femur and he was hospitalized for 11 days as an inpatient. He - 4 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 examined the doctor as PW3 and he assessed the disability as 17% to the whole body. Therefore, petitioner is entitled for an amount under the head loss of future earnings = Rs.14,000 x 12 x 17 x 17% = Rs.4,85,520/- and he incurred Rs.1,40,000/- towards medical expenses as per Ex.P3, therefore the Tribunal granted said amount and it is confirmed. Considering the injuries sustained, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- loss of amenities and he might not have attended any other work at least for a period of 3 months. Therefore Rs.42,000/- under the head loss of income during laid up period. As per the evidence of PW2, he also requires another surgery for removal of the implants and thus Rs.30,000/- is granted towards future medical expenses. 5. Thus in all, components awarded by this court are as below, - 5 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.5,00,000/- to Rs.7,77,520/- along with interest at the rate of 6% p.a. 6. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 06.07.2023 passed in MVC No.635/2020 on the file of the Chief Judge, Court Of Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 4,85,520 2 Pain and suffering 50,000 3 Loss of amenities 30,000 4 Loss of income during laid down period 42,000 5 Future medical expenses 30,000 6 Medical Expenses 1,40,000 Total 7,77,520 - 6 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.7,77,520/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,00,000/- granted by the tribunal. iv. Respondent No.1/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.2,77,520/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:5163 MFA No. 2831 of 2025 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 95