- 1 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4599 OF 2024 (MV-I) BETWEEN: SRI NAGAPPA TATTI S/O GULAPPA, AGED ABOUT 25 YEARS R/AT VTC BELLIKINDI, SUB DISTRICT, BADAMI, BAGALKOT DISTRICT-587206 ALSO AT NO. 61, 4TH CROSS, NEAR ASHOKNAGAR POST OFFICE, BASAVANNAGUDI, BENGALURU- 560 004. …APPELLANT (BY SRI. A S GIRISH., ADVOCATE) AND: 1. KISHAN GOWDA S/O SURESH, R/O NO. 184, 5TH MAIN, NEAR OM SHAKTHI TEMPLE, CHIKKALSANDRA, BADAMANA VARTHE KAVAL, SUBRAMANYAPURA, BENGALURU- 560 081. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 (OWNER OF LUUGGAGE GOODS VEHICLE BEARING NO. KA-05-AH-2381) 2. RELIANCE GENERAL INSURANCE COMPANY LIMITED NO. 28, 5TH FLOOR, SOUTHERN PORTION EAST WING, CENTENARY BUILDING, M G ROAD, BENGALURU-560001 REP BY ITS MANAGER (INSURER OF LUGGAGE GOODS VEHICLE BEARING NO. KA-05-AH-2381) …RESPONDENTS (BY SRI. B.C.SHIVANNE GOWDA, ADVOCATE FOR R2; V/O DTD 7.2.25, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.10.2023 PASSED IN MVC NO.2746/2022 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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 1. Heard the arguments of both sides. 2. This appeal is filed against the judgment and award of the Tribunal in MVC No.2746/2022 dated 17.10.2023. The injured claimant met with an accident on 05.04.2022 - 3 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 and filed claim petition claiming compensation of ₹ 10,00,000/-. Tribunal considering the entire evidence on record granted an amount of ₹ 5,02,560/- with interest at the rate of 6% per annum from date of petition till deposit. Aggrieved by the said order, the appellant preferred this appeal. 3. The claimant mainly contended that he sustained grievous injuries. The doctor assessed the disability as 40% to the right lower limb and 13% to the whole body. But the Tribunal erred in taking the same as 10%. The claimant was working as a delivery boy and earning ₹ 20,000/- per month. But, the Tribunal has taken only national income of ₹ 15,500/- per month. The amounts granted under the other heads is meager. Therefore, requested for enhancement of the compensation. 4. The claimant met with an accident. Though claimant stated that he was earning ₹ 20,000/- per month, he has not filed any income proof. He met with an accident in the - 4 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 year 2022. As per the chart prepared by Karnataka State Legal Services Authority, the Tribunal has rightly taken the national income of ₹ 15,500/- per month and he was aged 22 years and the multiplier is 18. He sustained following injuries; "Type III B comminuted closed fracture of right patella and severe injuries hand to head and underwent surgery." 5. He also examined PW2 - doctor and he stated as follows; "Type III B compound comminuted fracture of right patella and he was treated at BGS Global hospital with ORIF with TBW fro the right patella." 6. He stated that as per X-ray, the claimant has sustained united patella fracture with broken implants in situ and thus, accessibility of right lower limb as 40% and the disability of the whole body as 13%. The Tribunal has taken the functional disability as 10% without any basis. Considering the medical evidence, this Court finds it reasonable to take the disability as 1/3 of 40 i.e. 13%. The - 5 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 loss of future earning capacity comes to ₹15,500/-x12x18x13% =₹ 4,35,240/-. Appellant incurred ₹ 46,260/- towards medical expenses as per Ex.P11 and it is confirmed and he was hospitalized for fourteen days Considering his occupation, age, nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of ₹ 50,000/- for pain and suffering, ₹ 25,000/- for loss of amenities and ₹ 30,000/- for transportation, extra nourishment and attendant charges. He might not have attended any other work at least for a period of three months. Therefore, ₹ 15,500/- x 3 months = ₹ 46,500/- towards loss of income during laid up period, ₹ 15,000/- towards future medical expenses. The total compensation comes to ₹ 6,48,000/- as against ₹ 5,02,562/- awarded by the Tribunal. 7. Thus, in all, the claimant is entitled for the following compensation: - 6 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earnings 4,35,240 2. Pain and suffering 50,000 3. Loss of amenities 25,000 4. Medical expenses 46,260 5. Future medical expenses 15,000 6. Conveyance, Food, Nourishment and Attendant, charges 30,000 7. Loss of income during laid up period and rest period 46,500 Total 6,48,000 8. The Tribunal has awarded the compensation of Rs.5,02,560/-, but the appellant/claimant is entitled to total compensation of Rs.6,48,000/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,45,440/- (Rs.6,48,000/- - Rs.5,02,560/-). 9. The Insurance Company has already deposited the award amount before the Tribunal. Hence, respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.1,45,440/- before the Tribunal with interest at the rate of 6% p.a., from the date of petition till realization. - 7 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 10. Accordingly, I proceed to pass the following: ORDER (i) The appeal is allowed-in-part. (ii) The impugned judgment and award dated 16.01.32025 passed in M.V.C.No.376/2022 by the IV Additional Judge and MACT and ACJM, Bengaluru (SCCH-6), is hereby modified holding that the appellant/claimant is entitled for enhanced compensation of Rs.1,45,440/- along with interest at the rate of 6% per annum from the date of claim petition till realization. (iii) Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount of Rs.1,45,440/- along with interest at the rate of 6% per annum, before the Tribunal, within a period of one month from the date of this judgment. - 8 - HC-KAR NC: 2026:KHC:6662 MFA No. 4599 of 2024 (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. (v) As per the order in I.A.No.1/2024 dated 05.02.2026, the appellant is not entitled for interest for the delayed period of 165 days. (vi) Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE GH List No.: 1 Sl No.: 25