- 1 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4423 OF 2024 (MV-I) BETWEEN: SRI. TAJU S/O. AYAZ PASHA AGED ABOUT 31 YEARS, RESIDING AT NO.334, KURGAL, MASJID ROAD, KURUGAL, KOLAR. PIN-563 101. …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S TATA AIG GENERAL INSURNACE CO. LTD ., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.69, 2ND FLOOR, JP JAMBUKESHAWARA ARACADE, NEAR ICICI 1ST SQUARE, MILLERS ROAD, BENGALURU - 560 052. 2. NAZMUL HAQUE S/O ISMAIL HAQUE, PLOT NO.74, HABIB NAGAR, ARMAVATHI, MAHARASHTRA - 444 601. …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 (VIDE ORDER DATED 10.09.2025, NOTICE TO R2 IS DISPENSED WITH SRI. B. PRADEEP, ADVOCATE FOR R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.01.2024 PASSED IN MVC NO.4623/2020 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MAYO HALL UNIT, MACT, BENGALURU, (SCCH-19),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 24.01.2024 passed in MVC No.4623/2022, by the MACT., & XV Addl. Small Causes Judge & XXIII ACMM, Bengaluru (SCCH-19), Mayo Hall Unit, Bengaluru, for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. Brief facts of the case are that, injured claimant met with accident on 29.07.2022 at about 4.00 p.m., the petitioner was traveling in a Auto Rickshaw bearing Reg.No.KA-05/B-2371 proceeding on Hoskote-Chintamani Road, Chokkahalli gate, Bangalore Rural district driven by its driver, at that time driver of Lorry bearing Reg. No.MH- 27/BX-0668, came in a rash and negligent manner dashed to the rear side of the lorry. As a result, the petitioner fell down and sustained grievous injuries. He filed claim petition claiming compensation of Rs.20,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.11,14,300/- with interest at the rate of 6% p.a., from date of petition till realization. Aggrieved with the said order, he preferred an appeal. - 4 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 4. Learned counsel for the appellant mainly contended that he sustained the following injuries: "Lacerated would Rt hand with loss of 3rd, 4th and 5th fingers of metacarpal phalynxeal joints. Lacerated would Rt arm, muscle deep size 10 cm x 5 cm bleeding." He was hospitalized from 31.07.2022 to 06.08.2022 and again from 02.09.2022 to 06.09.2022 but the amounts granted under other heads is meagre. He was aged 29 years working as a coolie and earning Rs.2,000/- per day. But the Tribunal has been taken his income as Rs.16,000/-. The doctor has assessed the whole body disability as 35% but the Tribunal has taken only 33% and granted meagre amount. Interest is to be granted at the rate of 12%. Therefore, he requested for enhancement. 5. Learned counsel for the appellant also stated that it is a case of amputation and the disability is more than 20%. But future prospects were not added. The - 5 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 counsel also relied upon the judgment of this Court in the case of New India Assurance Company Limited Vs. Abdul S/o Mehaboob Tahasildar in MFA No.103807/2016, in which it was held that when the disability is more than 20% he is also entitled for future prospectus. 6. Though petitioner has stated that he was earning Rs.2,000/- per day, he has not filed any income proof. As he met with an accident in the year 2022, his notional income is to be taken as Rs.15,500/- per month. He was aged 29 years and the multiplier applied is '17'. Petitioner sustained above injuries and as per the evidence of PW2 doctor, except thumb, all four fingers are amputated to the full extent. The severity of the injury was the cause for the amputation. Artificial limb cannot be fixed. Future treatment is not required. Thus, the doctor assessed the disability as 35%. He also filed Ex.P5 - photographs. But the Tribunal erred in taking the disability as 33% without any basis. Therefore, this Court finds it - 6 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 reasonable to take the disability as 35% and he is entitled for 40% of future prospects and the loss of future earning capacity comes to Rs.15,500/- + 40% x 12 x 17 x 35% = 15,49,380/-. He was hospitalized for a period of 11 days. Tribunal has granted Rs.6,540/- towards medical expenses and it is confirmed. This Court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering and Rs.50,000/- for loss of amenities, Rs.40,000/- for transportation, extra nourishment and attendant charges. He might not have attended any other work at least for 4 months. So Rs.15,500/- x 4 months = Rs.62,000/- granted towards loss of income during laid up period. 7. Thus in all, compensation awarded by this Court are as below: Pain and Suffering : Rs. 75,000/- Loss of Amenities : Rs. 50,000/- - 7 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 Towards transportation, extra nourishment and attendant charges : Rs. 40,000/- Loss of income during laid up period : Rs. 62,000/- Medical expenses : Rs. 6,540/- Loss of future earning capacity : Rs. 15,49,380/- TOTAL : Rs. 17,82,920/ - 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.17,82,920/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 24.01.2024 passed in MVC No. 4623/2022 on the file of the MACT., & XV Addl. Small Causes Judge & XXIII ACMM, Bengaluru - 8 - HC-KAR NC: 2026:KHC:6242 MFA No. 4423 of 2024 (SCCH-19), Mayo Hall Unit, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.17,82,920/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization, instead of Rs.11,14,300/- 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. 6,68,620/- along with the interest at the rate of 6% p.a. 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 PSJ CT-SG List No.: 1 Sl No.: 6