- 1 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.6383 OF 2021(MV-I) BETWEEN: PUNITH @ PUNITH RAJ S/O. B. H. NINGAPPA NOW AGED ABOUT 29 YEARS R/AT BILLANAHALLI VILLAGE KASABA HOBLI HOLENARASIPURA TALUK HASSAN DISTRICT …APPELLANT (BY SRI RAGHU R., ADVOCATE) AND: 1. ANJUM PASHA S/O. PACHAPEER NOW AGED ABOUT 32 YEARS R/AT IMDADIYA MOPHALLA BENGALURU ROAD Digitally signed by SOWMYA DODDAMARAIAH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 KUNIGAL TOWN-572 130 2. THE MANAGER UNITED INDIA INSURANCE CO. LIMITED GMY COMPLEX, OPP. GOVT. BUS STAND GUBBI-572 216 TUMKUR DISTRICT …RESPONDENTS (BY SRI L. SREEKANTA RAO, ADVOCATE FOR R-2; VIDE COURT ORDER DATED 7/1/26, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S. 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.07.2020 PASSED IN MVC NO.1363/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT XV, KUNIGAL, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA - 3 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 ORAL JUDGMENT Heard Sri.Raghu.R, learned counsel for the appellant as well as Sri.L.Sreekanta Rao, learned counsel for respondent No.2. 2. Challenge in this appeal is the award that is passed by the Motor Accident Claims Tribunal XV, Kunigal in MVC No.1363/2016 dated 06.07.2020. This is a claimant's appeal. 3. Projecting that he sustained grievous injuries in a road traffic accident that occurred in the year 2016, the appellant filed a petition claiming compensation of Rs.15,00,000/- in total. The Tribunal through the impugned award held that the appellant is entitled to a sum of Rs.4,78,921/- as compensation. Stating that he is entitled to a higher sum, the present appeal is filed. 4. Making his submission on the merits of the matter, learned counsel for the appellant states that the - 4 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 appellant sustained multiple grievous injuries in a road traffic accident. He was aged around 25 years as on the date of accident and was earning Rs.10,000/- per month. However, the Tribunal took the notional income of the appellant as Rs.7,000/- per month only. Learned counsel states that the accident occurred in the year 2016 and for the relevant period even the Karnataka State Legal Services Authority is taking the notional income as Rs.9,500/- per month for settlement of claims and therefore, at least the said figure should have been adopted by the Tribunal. Learned counsel also submits that the disability of the appellant as assessed by the Tribunal itself is 22% in respect of whole body and therefore, the Tribunal should have added future prospects. Learned counsel further contends that the compensation granted by the Tribunal under all heads is on lower side. Learned counsel thereby seeks for enhancement in compensation. - 5 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 5. On the other hand, learned counsel for respondent No.2 states that the Tribunal discussed at length with regard to the merits of the matter. However, learned counsel did not object for taking the notional income as Rs.9,500/- per month as sought for. The only submission made by learned counsel for respondent No.2 is that the appellant is not entitled to the sum claimed, however, there may be marginal enhancement. 6. By the evidence of Pw.2 it is clear that the appellant sustained communited fracture of distal femur with intraarticular extension, Patella fracture undisplaced, fracture of both bones of right leg middle one third, communited fracture of 2nd, 3rd and 4th metacarpals right hand which are all grievous in nature. Pw.2 also stated that right tibia fracture was operated with closed reduction and internal fixation with intramedullary interlocking nail, right distal femur was operated with locking compression plate and open reduction and internal fixation was done with K wiring. - 6 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 7. Having considered the submission made by learned counsel for the appellant, this Court considers desirable to take the notional income of the appellant as Rs.9,500/- per month. As it is not in dispute that the appellant was aged around 25 years as on the date of accident and as the appellant is left with disability of 22% in respect of whole body, this Court is of the view that 40% of the earnings are required to be added towards future prospects as per the decision of the Hon'ble Apex Court in National Insurance Company Limited Vs. Pranay Sethi and Others reported in (2017) 16 SCC 680. Thus taking the notional income of the appellant as Rs.9,500/- per month, on adding 40% towards future prospects, on applying appropriate multiplier 18 and the disability in respect of whole body as 22%, the compensation which the appellant is entitled to receive under the head loss of future earnings comes to Rs.6,32,016/- (9,500 x 12 + 40% x 18 x 22%). - 7 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 8. Also considering the nature of injuries sustained, this Court is of the view that the appellant would have taken bed rest at least for a period of 5 months. Thus loss of earnings during laid up period comes to Rs.47,500/- (Rs.9,500 X 5). Also this Court is of the view that the appellant is entitled to a sum of Rs.50,000/- under the head pain and suffering, Rs.20,000/- towards food, extra nourishment, attendant and conveyance charges and Rs.30,000/- towards loss of amenities in life. 9. Therefore, the compensation which the appellant is entitled to under each head is as under: Sl. No Description Amount 1 Compensation for pain and suffering Rs.50,000 2 Towards food, extra nourishment, attendant and conveyance charges Rs.20,000 3 Medical expenses Rs.1,00,281 4 Loss of future earnings Rs.6,32,016 5 Loss of income during laid up period Rs.47,500 - 8 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 6 Loss of amenities in life Rs.30,000 Total Rs.8,79,797 10. Thus the discussion that went on supra makes it clear that the appellant is entitled to a sum of Rs.8,79,797/- as compensation. However the Tribunal awarded a sum of Rs.4,78,921/- only as compensation. Therefore, the appeal is disposed of with the following: ORDER (i) The appeal is allowed in part. (ii) The compensation that is granted by the Motor Accident Claims Tribunal-XV, Kunigal through orders in MVC No.1363/2016 dated 06.07.2020 is enhanced from Rs.4,78,921/- to Rs.8,79,797/-. (iii) The enhanced sum shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.2 is directed to deposit the enhanced sum within a period of 8(eight) - 9 - HC-KAR NC: 2026:KHC:3435 MFA No. 6383 of 2021 weeks from the date of receipt of certified copy of this judgment. (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE NS CT:VC List No.: 1 Sl No.: 35