- 1 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3727 OF 2025 BETWEEN: ASHWINI. K. S. D/O K.H. SHIVAKUMAR, AGED ABOUT 21 YEARS, STUDENT AND TAILORING WORK, PRESENT NO WORK, R/O KADLEBALU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 002. …APPELLANT (BY SRI. R SHASHIDHARA., ADVOCATE) AND: 1. NAGARAJA. B. H. S/O HANUMANTHAPPAN, AGED ABOUT 31 YEARS, DRIVER OF ASHOKA LEYLAND GOODS VEHICLE BEARING NO.KA-68/1070, R/O HADADI VILLAGE AND POST, DAVANAGERE TALUK AND DISTRICT-577 002. 2. IMRAN KHAN PATAN S/O SYPULLA KHAN, AGED ABOUT 47 YEARS, OWNER OF ASHOKA LEYLAND GOODS VEHICLE BEARING NO.KA-68/1070, R/O HADADI VILLAGE AND POST, DAVANAGERE TALUK AND Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 DISTRICT-577 002. 3. THE MANAGER, HDFC ERGO GENERAL INSURANCE CO. LTD., HDFC BUILDING, M G ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R3, V/O DTD:30.07.2025 NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC NO.262/2023 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, DAVANAGERE, 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 against the judgment and award dated 16.01.2025 passed by the I Additional Senior Civil Judge and Additional MACT-V at Davanagere in MVC No. 262 of 2023. 2. Injured claimant, aged 19 years, met with an accident on 28.10.2022 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted an amount of Rs.4,54,500/- with - 3 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 interest at the rate of 6% from the rate of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that Tribunal granted meager amounts under the other heads. She was earning Rs.25,000/- per month, but the Tribunal has taken Rs.15,500/- per month. Though she sustained 24% disability, the Tribunal has taken 8% disability. No amount is granted for future medical expenses and thus, requested for enhancement of compensation. 4. Heard the arguments of both sides. 5. Though the petitioner-claimant has stated that she was doing tailoring work and earning Rs.25,000/- per month, she has not filed any income proof. As she met with an accident in the year 2022, her notional income is to be taken as Rs.15,500/- per month and as she was aged 19 years at the time of accident, multiplier is to be taken as 18. - 4 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 6. Exhibit P2 is disability certificate, Exhibit R3 is the wound certificate, Exhibit P3 is discharge card and Exhibit P4 is the discharge summary. As per the evidence of P.W.2, petitioner has sustained medial mellaneous fracture, scar on right ankle. She was operated and fixed the fracture with K wire and screw and implant was removed on 08.02.2023. The total disability of the right lower limb was assessed as 24%, and so one third of it was taken by the Tribunal. Therefore, the Tribunal has rightly taken one third of the same as 8% and it needs no interference. Thus, the loss of future earning capacity comes to Rs.2,67,840/- (15,500 x 12 x 18 x 8%). The Tribunal granted Rs.1,13,594/- as per Exhibit P5-medical bills and it is confirmed. Petitioner was hospitalised for a period of 5 days. Therefore, considering the nature of injuries, period of hospitalisation and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner-claimant might not have attended any other work at least for a period of 3 months. Therefore, Rs.46,500/- (15,500 x 3) is awarded towards loss of earning during laid-up period. - 5 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 Thus, in all, the claimant is entitled for the compensation of Rs.5,37,934/- with interest at 6% per annum as against Rs.4,54,500/- awarded by the Tribunal. 7. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 2,67,840/- 2. Medical expenses 1,13,594/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 30,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 46,500/- Total 5,37,934/- 8. In the result, the following order is passed: (i) Appeal is allowed in part. - 6 - HC-KAR NC: 2026:KHC:1279 MFA No. 3727 of 2025 (ii) The claimant is entitled for the total compensation of Rs.5,37,934/- with interest at 6% per annum from the date of petition till the date of realization. (i) The respondent-insurance company has already deposited the awarded amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.83,434/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 95