- 1 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3699/2024 (MV-I) BETWEEN: THE MANAGER, THE ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, LAKSHMI SHOPPING COMPLEX, SUBHASH ROAD, KOPPA. ALSO AT THE ROIENTAL INSURANCE CO.LTD., TP HUB, REGIONAL OFFICE, LEO SHOPPING COMPLEX, 44/45, RESIDENCY ROAD, BENGALURU-560 025. NOW REP. BY MANAGER …APPELLANT (BY SMT. MALATHI T N., ADVOCATE) AND: 1. SRI V HARISHA S/O VIJAYA S AGED ABOUT 24 YEARS, R/AT NADLUMANE, MELPAL, KARKESHWARA VILLAGE, KOPPA TALUK. 2. SRI RAJENDRA B S S/O SOMAIAH, AGED ABOUT 32 YEARS, R/AT GUNAVANTHE ROAD, SANNAKERE, CHIKKANAGUDNI, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 KOPPA TALUK. …RESPONDENTS (BY SRI. K PRASANNA SHETTY., ADVOCATE FOR R1, V/O DTD:16.10.2025 NOTICE TO R2 IS HELD SUFFICIENT) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.02.2024 PASSED IN MVC NO.286/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, N R PURA, ITINERATE AT KOPPA, AWARDING COMPENSATION OF RS.9,32,370/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. 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/Insurance Company under Section 173(1) of Motor Vehicles Act, 1988 against the judgment and award dated 29.02.2024 passed in MVC No.286/2023 on the file of the Senior Civil Judge and JMFC, MACT, N.R.Pura, Itinerate at Koppa. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. - 3 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 The ranks of the parties are retained as per the tribunal for the sake of convenience. 3. The injured claimant met with an accident on 22.02.2023 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.9,32,370/- along with interest at the rate of 9% per annum from the date of petition till realization. 4. Aggrieved by the said award, Insurance Company preferred this appeal and mainly contended that the doctor assessed the disability at the rate of 18% to the right lower limb, but the Tribunal has taken the entire 18% of disability for the purpose of calculation and it is erroneous. Further, 1/3rd of the same comes to 6%. The claimant was aged 24 years and the multiplier is to be taken as ‘18’. Also, the amount granted under the other heads are excessive and the interest is to be reduced from 9% to 6%. - 4 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 5. Learned counsel for respondent No.1 stated that petitioner was a coolie and thus the Tribunal rightly considered the disability as 18%, considering his occupation and age, it needs no interference. 6. On perusal of the record, it goes to show that the petitioner was earning Rs.20,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2023, his notional income is to be taken as Rs.16,000/-, as per the guidelines of Karnataka State Legal Services Authority. The petitioner was aged 24 years and the multiplier taken is 18. The petitioner sustained the following injuries as per Ex.P6/wound certificate, 1) Lacerated wound over forearm -Right-5 cm X 1cm, 2) Laceration over right elbow-Extensor Aspect 2 cm X 1cm, 3) Lacerated wound over Right heel 2 x 2 cm. As per the discharge summary, he has sustained a) Open Right femur fracture, b) Calcaneal fracture, which are grievous in nature. The petitioner also examined the doctor as PW2 and he assessed the disability at 18% to the right lower - 5 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 limb and he further stated that the fracture is united. PW2 in his evidence stated that as per the X-ray there is union of fracture with implant in situ. This court finds it reasonable to take 1/3rd of 18% disability as 6% and the loss of future earning capacity comes to Rs.16,000 x 12 x 18 x 6% = Rs.2,07,360/-. He was hospitalized for a period of 4 days. The tribunal granted Rs.1,06,290/-, towards medical expenses and it is confirmed. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, loss of income during laid up period comes to Rs.16,000 X 3 = Rs.48,000/-. The petitioner is also entitled for Rs.30,000/- under the head transportation, extra nourishment and attendant charges. The amount granted under other heads are confirmed. 7. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 Hence, the compensation granted by tribunal is decreased from Rs.9,32,370/- to Rs.5,61,650/- along with the interest at the rate of 6% p.a. (Interest rate is decreased from 9% p.a. to 6% p.a.) 8. In the result, the following order is passed: ORDER i. Appeal is allowed-in-part. Sl.Nos. Particulars Amount in Rs. 1 Towards the loss of future earning capacity 2,07,360 2 Towards medical expenses 1,06,290 3 Towards loss of income during laid up period 48,000 4 Towards transportation extra nourishment and attendant charges 30,000 6 Towards Pain and agony 80,000 7 Towards loss of amenities of life 50,000 8 Towards future medical expenses 40,000 Total 5,61,650 - 7 - HC-KAR NC: 2026:KHC:1759 MFA No. 3699 of 2024 ii. The judgment and award dated 29.02.2024 passed in MVC No.286/2023 on the file of the Senior Civil Judge and JMFC, MACT, N.R.Pura, Itinerate at Koppa, is modified. iii. The claimant is entitled for a total sum of Rs.5,61,650/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization, instead of Rs.9,32,370/- at the rate of 9% p.a., granted by the tribunal. iv. Insurance Company is entitled for refund of excess amount if any deposited before this Court. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 88