- 1 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4514 OF 2025 (MV-I) BETWEEN: CHANDRAIAH S/O. LATE MANGADAPPA, AGED ABOUT 60 YEARS, R/AT. NARASIPURA, SOMPURA HOBLLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: 1. M/S. P BALASUBBA SHETTY AND SONS, PARTNER NO.A-1106, BRIGADE GARDENIA, RBI LAYOUT, JP NAGAR, 8TH PHASE, BANGALORE-560 078 REP BY ITS MANAGER. 2. THE MANAGER, RELIANCE GENERAL INSURANCE CO LTD., NO.28, 5TH FLOOR, CENTENARY BUILDING, M.G. ROAD, BANGALORE-560 001. …RESPONDENTS Digitally signed by MADHUSHREE H Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 (BY SRI. B.PRADEEP, ADVOCATE FOR R2; V/O DTD:16.09.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD PASSED BY THE COURT OF VII ADDL. SCJ AND ACJM, MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL AT BANGALORE (SCCH-03), IN MVC NO.7561/2023 DATED 19.03.2025 AND TO ENHANCE THE COMPENSATION FROM RS.11,10,801/- TO RS.26,00,000/- BY ALLOWING THIS APPEAL, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, 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 under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 19.03.2025 passed in MVC No.7561/2023, by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel appearing for the appellant and respondent No.2. Notice to respondent No.1 is dispensed with vide order dated 10.09.2025. - 3 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. The injured claimant claimed compensation of Rs.30,50,000/- before the Tribunal. The Tribunal considering the evidence on record granted Rs.11,10,801/- with interest at the rate of 6% per annum. Aggrieved by the said judgment and award, this appeal is preferred, in which it is contended that the petitioner has sustained several injuries. PW-2 - Doctor clearly stated that petitioner has sustained 21% disability to the whole body but the Tribunal erred in taking disability at 10%. The compensation granted under all the heads are meagre. Hence, prays for enhancement of compensation. 5. Petitioner met with an accident on 03.11.2023 and he was doing Agriculture and Timber/Tree business and was earning a sum of Rs.35,000/- per month but he has not adduced any evidence to prove his income. As per the guidelines of the Karnataka State Legal Services Authority, income is to be taken at Rs.16,000/- per - 4 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 month. Petitioner has examined PW-2 - Doctor and he has stated that the petitioner sustained right leg open fracture type IIIB, fracture of the body of the superior and inferior pubic ramus, undisplaced fracture of the anterior column and floor of the right acetabulum, mild widening of the right SI joint, fracture of the right 6th, 7th rib and right side hemothorax and he assessed total disability of the right lower limb at 63% and 21% disability to the whole body. But the Tribunal has taken whole body disability at 10%. Therefore, considering the medical evidence, this Court finds it reasonable to take his disability as 1/3rd of 63% i.e., 21%. As the petitioner is aged about 62 years, multiplier is taken at '7'. Hence, an amount of Rs.2,82,240/- (16,000 x 12 x 7 x 21%) is awarded under the head 'loss of future income due to disability'. He was hospitalized for a period of 13 days. Tribunal granted Rs.8,24,401/- towards medical expenses as per the relevant records and it is confirmed. This Court finds it reasonable to grant an amount of Rs.50,000/- for pain - 5 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. Due to the injuries sustained in the accident, he might not have attended any other work at least for a period of 4 months. Hence, towards ‘loss of income during laid up period', an amount of Rs.64,000/- (16,000 x 4) is awarded. Tribunal granted Rs.30,000/- towards future medical expenses as per the relevant records and it is confirmed. Thus in all, compensation awarded by this Court is as below:- Particulars Amount in Rs. Loss of future income 2,82,240.00 Medical expenses 8,24,401.00 Pain and suffering 50,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid down period 64,000.00 Future medical expenses 30,000.00 Total 13,10,641.00 - 6 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.13,10,641/- along with interest at the rate of 6% per annum. 7. In the result, the following order is passed:- ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 19.03.2025 passed in MVC No.7561/2023, by the Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru is modified; iii. The claimant is entitled to a sum of Rs.13,10,641/- along with interest at 6% p.a. from the date of petition till the date of realization as against Rs.11,10,801/-. iv. Respondent No.2 – Insurance Company is directed to deposit the amount within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:2272 MFA No. 4514 of 2025 v. On such deposit, the appellant is permitted to withdraw the entire amount along with accrued interest. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE MH/- List No.: 1 Sl No.: 58