- 1 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4774 OF 2024 (MV-I) BETWEEN: SRI. PRAVEEN KUMAR D S/O RAJEGOWDA AGED ABOUT 43 YEARS R/AT DODDA KUBBAHALLI RAMANAGARA - 562 119. …APPELLANT (BY SRI. ANANDA K.S, ADVOCATE) AND: RATHNAMMA S D/O SHIVALINGAIAH R/AT KUNTHIKALDODDI V GANALU, B.O. GANALU P. KANAKAPURA RAMANAGARA - 562 117. …RESPONDENT (RESPONDENT SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.12.2023 PASSED IN MVC NO. 4756/2022 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-4), 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 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 ORAL JUDGMENT Heard the arguments of learned counsel for the appellant. In spite of service of notice, the respondent did not turn up. Hence, placed exparte. 2. This appeal is filed by the appellant/claimant against the judgment and award passed in MVC No.4756/2022 dated 01.12.2023 by the Court of the XVIII Addl. Judge, Court of Small Causes, Bengaluru. 3. The injured claimant, who is aged about 41 years, has met with an accident on 24.07.2022 and filed the claim petition, seeking compensation. The Tribunal after considering the facts and circumstances and evidence on record, has awarded compensation of Rs.7,38,535 /- with interest at the rate of 6 % per annum from the date of petition till the date of realization. 4. Being aggrieved by the said judgment and award, the appellant has preferred the present appeal. - 3 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 5. In the present case, the claimant was aged about 41 years at the time of accident, working in Hallow Bricks Factory and was earning a sum of Rs.50,000 /- per month. But, the claimant has not produced any proof for his income. Therefore, the Tribunal has rightly taken the notional income at Rs.15,500/- per month. The medical records reveals that the claimant has sustained left fracture dislocation of posterior lateral end of distal tibia with fracture of distal fibula with syndesmotic rupture, which are grievous in nature. He took treatment as an in- patient for 3 days. PW3-doctor has stated that the appellant/claimant has suffered 44% of disability to the right lower limb and 16% disability to the whole body. The Tribunal has rightly considered the disability and it needs no interference. The claimant has hospitalized for three days and he has incurred a sum of Rs.1,45,935/- towards medical expenses and the Tribunal has granted compensation under the head of 'loss of income during laid up period' only for two months. As the claimant has - 4 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 sustained grievous injuries, this Court finds that he might not have attended any other work at least for a period of four months. Therefore, for four months, the 'loss of income during laid up period' comes to Rs.15,500 x 4 months = Rs.62,000/-. Further, a sum of Rs.25,000/- is awarded under the head 'loss of amenities'. This Court finds no reason to interfere with the other amounts granted by the Tribunal. 6. Thus, in all, the claimant is entitled for the following compensation : SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future income 4,16,640.00 2. Loss of income during laid up period 62,000.00 3. Conveyance charges 15,000.00 4. Pain and suffering 80,000.00 5. Food, nourishment and attendant charges 50,000.00 6. Loss of amenities 25,000.00 7. Medical bills 1,45,935.00 Total 7,94,575.00 - 5 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 7. The Tribunal has awarded the compensation of Rs.7,38,535/- but the appellant/claimant is entitled to total compensation of Rs.7,94,575/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.56,040/- (Rs.7,94,575 - Rs.7,38,535) along with interest @ 6% p.a., in addition to what has been awarded by the Tribunal. 8. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.4756/2022 dated 01.12.2023 by the XVIII Additional Judge, Court of Small Causes, Bengaluru is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.56,040/- along with interest @ 6% p.a. iii. Respondent is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. - 6 - HC-KAR NC: 2026:KHC:198 MFA No. 4774 of 2024 iv. The appellant/claimant is not entitled for interest for the delayed period of 120 days in filing the appeal. v. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE KA List No.: 1 Sl No.: 84