- 1 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3326 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5628 OF 2024 (MV-I) IN MFA No. 3326/2025 BETWEEN: GUDDADA MALLAPPA S/O. LATE RUDRAPPA AGED ABOUT 65 YEARS, R/O. MALLAPURA VILLAGE, MYDOLALU, BHADRAVATHI TALUK, NOW RESIDING AT C/O. K.M. PRAKASHA, KOMMANALU, SHIVAMOGGA DIST - 577 201. …APPELLANT (BY SRI. M V MAHESWARAPPA., ADVOCATE) AND: 1. DILIP S/O. RANGAPPA, AGED MAJOR, R/O. BULLAPURA, SHIVAMOGGA - 577 201. 2. HANUMANTHAPPA .G. S/O. GUDDAPPA, R/O. ARATHOLALU, BHADRAVATHI TALUK, DIST. SHIVAMOGGA - 577201 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 3. THE MANAGER M/S IFFCO-TOKIO GENERAL INSURANCE CO.LTD. SHASHIKIRAN BUILDING 1ST FLOOR, SHANKARMUTT ROAD SHIVAMOGGA - 577 201 …RESPONDENTS (BY SRI.B.PRADEEP., ADVOCATE FOR R3; VIDE ORDER DTD 09.09.2025 NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.11.2023 PASSED IN MVC NO.619/2021 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, C/C III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-III, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5628/2024 BETWEEN: SMT JAYAMMA W/O GUDDADA MALLAPPA, AGED ABOUT 62 YEARS, R/O MALLAPURA VILLAGE, MYDOLALU, BHADRAVATHI TALUK, NOW R/AT C/O K M PRAKASHA, KOMMANALU, SHIVAMOGGA TALUK - 577 201. ...APPELLANT (BY SRI. M V MAHESWARAPPA., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 AND: 1. DILIP S/O RANGAPPA, AGED MAJOR, R/O BULLAPURA, SHIVAMOGGA, OWNER OF HERO PASSION, XPRO DSS BEARING REG NO. KA-16-Y-2762 2. HANUMANTHA G S/O GUDDAPPA, AGED ABOUT 32 YEARS, R/O ARATHOLALU, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 577201. 3. THE MANAGER IFFCO TOKIO GENERAL INSURANCE, COMPANY LTD., SHASHIKIRAN BUILDING 1ST FLOOR, SHANKARMUTT ROAD, SHIVAMOGGA POLICY NO. 1 KNR02S P400 POLICY NO. MC 905381 (VALID FROM 17.11.2020 TO 16.11.201) ...RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R3; VIDE ORDER DATED 22.01.2026 NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.11.2023 PASSED IN MVC NO.624/2021 ON THE FILE OF THE I ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-I, C/c. III ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT-III, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM - 4 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT IN MFA NO.3326/2025 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.11.2023 passed in MVC No.619/2021 on the file of the I Additional District Judge and Additional MACT-I, C/c III Additional District Judge and Additional MACT-III, Shivamogga, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 5 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.19,90,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,12,300/- with interest at the rate of 7% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured claimant met with an accident on 03.03.2021 and sustained injuries. As per Ex.P.7-Wound Certificate, the petitioner suffered fractures to both legs and he was unable to do the agricultural operations. The compensation awarded by the Tribunal under the other heads are meagre. The petitioner spent a sum of Rs.1,00,000/- towards medical treatment. The doctor estimated future medical expenses at Rs.1,50,000/- and has advised the petitioner to undergo two to three surgeries. But the Tribunal has granted meagre compensation. Therefore, requested for enhancement of the compensation. - 6 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 5. Though the petitioner has stated that he was doing agricultural work and earning Rs.25,000/- per month, he has not produced any income proof. As the petitioner 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. 6. The petitioner sustained the following injuries, as per Exs.P.7 and P.8: "The petitioner has suffered comminuted fracture of medial and lateral tibial condyles extending into tibial eminence of his both left and right knee and radiograph of chest of frontal side and that there was volume loss in the right hemithorax with scarring in the upper and lower lobes with fibrotic lesions, Apical pleural thickening and tenting of right diaphragm, consistent with seqaelae of turberculosis. Hence, debridement and suturing and knee aspiration was done on 04.03.2021 with advice to have review after 1 month and to have medication." - 7 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 7. The petitioner has not examined the doctor and thus the question of assessing disability does not arise. As per Ex. P.9, he has incurred Rs.32,277/- towards medical expenses and the same is confirmed. He was hospitalized for a period of three days. Considering his occupation, nature of injuries and period of hospitalization, this Court finds it reasonable to award 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. He might not have attended his work for a period of three months. Accordingly, a sum of Rs.45,000/- (Rs.15,000 × 3) is awarded under the head loss of income during the laid-up period. 8. Thus in all, compensation awarded by this Court is as below: - 8 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.1,82,277/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.11.2023 passed in MVC No.619/2021 on the file of the I Additional District Judge and Additional MACT-I, C/c III Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 32,277/- 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/- Total 1,82,277/- - 9 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 Additional District Judge and Additional MACT-III, Shivamogga, is modified. iii. The claimant is entitled to a sum of Rs.1,82,277/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.1,12,300/- granted by the tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.69,977/- along with the interest at the rate of 6% within one month from the date of this order. - 10 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. IN MFA NO.5628/2024 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.11.2023 passed in MVC No.624/2021 on the file of the I Additional District Judge and Additional MACT-I, C/c III Additional District Judge and Additional MACT-III, Shivamogga, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.18,40,000/-. The Tribunal considering the entire - 11 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 evidence on record granted an amount of Rs.3,38,700/- with interest at the rate of 7% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. It is stated that the petitioner/injured claimant met with an accident on 03.03.2021 and sustained injuries. The petitioner examined the doctor as PW.2, who assessed the disability at 18% to the left lower limb. But the Tribunal has taken only 1/3rd of the said disability. The petitioner/injured incurred a sum of Rs.2,50,000/- towards medical expenses and the doctor has estimated future medical expenses at Rs.1,50,000/-. The Tribunal has awarded meagre amounts under the other heads. Therefore, requested for enhancement of the compensation. 5. It is further contended that the petitioner/injured is a housewife and was earning Rs.30,000/- per month. But she has not filed any income - 12 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 proof. As she met with an accident in the year 2021, her national income is to be taken at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. She was aged 59 years as per Ex.P.8- wound certificate and the multiplier is '9'. 6. The petitioner sustained the following injuries as per Exs.P.8 and P.9: "Fracture of fibula and fracture of medial mallulus on left side, hence, she was operated by plating fibula, screw fixation was done on 04.3.2021 and was discharged on 05.03.2021 with an advice not to bear weight on left lower limb for 6 weeks and after discharge also, petitioner has taken follow up treatment on OPD basis and fracture took about 4 ½ months for union and she was last seen by him on 05.09.2022, at that time, fracture was united well, however, movement of left ankle was restricted by 10 degree and there was a black discoloration skin ankle and she advised for removal of the plate and screw for which estimated cost Rs.50,000/- and the petitioner is having permanent disability at 18% to the left lower limb." - 13 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 7. The Tribunal has taken 1/3rd of 18% towards disability i.e., 6%. Accordingly, the loss of future earning capacity comes to Rs.97,200/- (Rs.15,000 × 12 × 9 × 6%). She was hospitalized for a period of three days. The Tribunal has awarded Rs.91,750/- towards medical expenses and the same is confirmed. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to award Rs.50,000/- towards pain and suffering and Rs.25,000/- towards loss of amenities. The petitioner might not have attended her work for a period of three months. Therefore, Rs.45,000/- (Rs.15,000 × 3) is awarded towards loss of income during the laid-up period. The Tribunal has awarded Rs.25,000/- towards future medical expenses. But the doctor has estimated the same at Rs.50,000/-. Therefore, this Court finds it reasonable to award Rs.35,000/- under the head future medical expenses. The Tribunal has already awarded Rs.35,000/- - 14 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 towards transportation, extra nourishment, and attendant charges and the said amount is confirmed. 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,78,950/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 91,750/- 3 Towards loss of amenities 25,000/- 4 Towards transportation, extra nourishment and attendant charges 35,000/- 5 Towards loss of income during laid up period 45,000/- 6 Towards future earning capacity 97,200/- 7. Towards future medical expenses 35,000/- Total 3,78,950/- - 15 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 10.11.2023 passed in MVC No.624/2021 on the file of the I Additional District Judge and Additional MACT-I, C/c III Additional District Judge and Additional MACT-III, Shivamogga, is modified. iii. The claimant is entitled to a sum of Rs.3,78,950/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,38,700/- granted by the tribunal. iv. Respondent No.3/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.40,250/- along with the interest at the - 16 - HC-KAR NC: 2026:KHC:5272 MFA No. 3326 of 2025 C/W MFA No. 5628 of 2024 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.: 63