- 1 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4486 OF 2025 (MV-I) BETWEEN: SRINIVAS R S/O R RAM AGED ABOUT 43 YEARS R/AT NO.318/1, 7TH MAIN, NEAR VYALIKAVAL POST OFFICE, VYALIKAVAL, MALLESHWARAM, BENGALURU - 560 003. …APPELLANT (BY SRI. SHASTRI SHRIPAD VISHWANATHA, ADVOCATE) AND: 1. SHIVA KUMAR R.M S/O RAJEN GOWDA MALL PATIL, R/AT NO.403, NEAR SHIVA TEMPLE, AMBEDKAR NAGAR WHITE FIELD, BENGALURU - 560 066. 2. IFFCO TOKIO GENERAL INSURANCE CO. LTD., NO.141, 5TH FLOOR, SHANTHI TOWER, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU - 560 043, BY ITS MANAGER. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; VIDE ORDER DATED 06.08.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.02.2025 PASSED IN MVC NO.3853/2023 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-13), 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 07.02.2025 passed in MVC No.3853/2023 on the file of the II Additional Judge and ACJM, Court of Small Causes, MACT, Bengaluru, (SCCH-13), for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.40,00,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.4,54,764/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured claimant met with an accident on 18.04.2023. He was aged 41 years and was working as a Senior Project Engineer at Adarsh Developers, Bengaluru, earning Rs.75,742/- per month. Since he has not sustained any loss of income and has continued in the same employment even after the injuries sustained in the accident, no amount has been granted under the head of loss of future earnings and the same needs no interference. The petitioner/injured was hospitalized for a period of nine days and sustained the following injuries, as per the evidence of PW.3. "1. Fracture neck, greater tuberosity right humerus. 2. Fracture greater tuberosity left humerus. - 4 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 3. ACL and lateral meniscal tear right knee. 4. Cervical spondylosis with blunt injury. 5. Undisplaced fracture of nasal bone." 5. The doctor-PW.3 assessed the disability of the left lower limb at 47% and the disability to the whole body at 23%. Therefore, this Court finds it reasonable to grant a sum of Rs.75,000/- towards pain and suffering and Rs.50,000/- towards loss of amenities. The Tribunal has awarded Rs.1,12,538/- towards medical expenses and Rs.30,000/- towards future medical expenses, and the same is confirmed. He is also entitled to Rs.40,000/- towards transportation, extra nourishment, and attendant charges. The Tribunal has further granted Rs.2,27,226/- (Rs.75,742 × 3) towards loss of income during the laid-up period of three months, which is also confirmed. 6. It is stated that the petitioner incurred a sum of Rs.14,000/- towards repairs and labour charges of the motorcycle. However, only Rs.4,000/- was reimbursed by the insurance company, as per Exs.P.16 to P.18. Therefore, this - 5 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 Court finds it reasonable to grant a sum of Rs.10,000/- towards repair charges of the motorcycle. 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,44,764/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 75,000/- 2 Towards medical expenses 1,12,538/- 3 Towards loss of amenities 50,000/- 4 Towards transportation, extra nourishment and attendant charges 40,000/- 5 Towards loss of income during laid up period 2,27,226/- 6 Towards future medical expenses 30,000/- 7. Towards repairs of the motorcycle 10,000/- Total 5,44,764/- - 6 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 07.02.2025 passed in MVC No.3853/2023 on the file of the II Additional Judge and ACJM, Court of Small Causes, MACT, Bengaluru, (SCCH-13), is modified. iii. The claimant is entitled to a sum of Rs.5,44,764/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,54,764/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.90,000/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:3904 MFA No. 4486 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 37