- 1 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA MISCELLANEOUS FIRST APPEAL NO.5189 OF 2021(MV-I) BETWEEN: SRI KRISHNAMURTHY L. R. S/O. LATE RAJAGOPALA SHETTY L. S. AGED ABOUT 62 YEARS R/AT NO.189 8TH CROSS, 2ND BLOCK JAYANAGAR BENGALURU-11 …APPELLANT (BY SRI SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. SRI DEVANATHA Y. K. S/O. KRISHNAPPA Y. V. MAJOR R/AT NO.15, 5TH CROSS 4TH PHASE, 7TH BLOCK BSK 3RD STAGE BENGALURU-85 Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 2. THE NEW INDIA ASSURANCE CO. LTD. MAHALAXMI CHAMBERS 2ND FLOOR, NO.9 M. G. ROAD BENGALURU-560 025 BY MANAGER …RESPONDENTS (BY SRI V. RAJASHEKAR REDDY, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W, V/O DATED 24.07.2025) THIS MFA IS FILED U/S. 173(1) OF M.V. ACT AGAINST THE JUDGMENT AND AWARD DATED 29.01.2021 PASSED IN MVC NO.6662/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU (SCCH-7), 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:4855 MFA No. 5189 of 2021 ORAL JUDGMENT Heard Sri.Shripad V Shastri learned counsel for the appellant who appears through video conference. Also heard Sri.V.Rajasekhar Reddy learned counsel for respondent No.2 who appears before this Court physically. 2. Challenge in this appeal is the order that is rendered by the Additional Motor Accident Claims Tribunal, Bengaluru in MVC No.6662/2018 dated 29.01.2021. This is a claimant's appeal. 3. Appellant projecting that he sustained grievous injuries in a road traffic accident that occurred in the year 2018, filed a petition claiming compensation. The Tribunal through the impugned order held that appellant is entitled to a sum of Rs.2,55,572/- as compensation. The version of appellant is that he is entitled to a higher sum. 4. Making his submission on the merits of the matter, learned counsel for the appellant states that appellant sustained multiple grievous injuries in a road - 4 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 traffic accident. Though appellant established that the disability in respect of whole body is 18%, the Tribunal took the disability in respect of whole body as 8% and awarded very meagre sum as compensation towards loss of future earnings. Learned counsel further submits that appellant by running a book stall was earning Rs.30,000/- per month by the date of accident. Due to the injuries sustained, he lost all his earnings. However, the Tribunal took the notional income of appellant as Rs.10,000/- per month. Learned counsel also submits that the accident occurred in the year 2018 and for the relevant period the Karnataka Legal Services Authority is taking the notional income as Rs.12,500/- per month for settlement of claims and at least said figure should have been adopted by the Tribunal. Learned counsel also states that the compensation granted towards medical expenses and all other heads is on lower side. The learned counsel ultimately seeks for enhancement in compensation. - 5 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 5. On the other hand, learned counsel for respondent No.2 submits that appellant did not sustain any fractures or grievous injuries. Learned counsel further submits that the Tribunal taking into consideration the totality of facts and circumstances of the case granted justifiable sum as compensation. But in the light of the submission that is made by learned counsel for the appellant, on taking the notional income of appellant as Rs.12,500/- per month there may be marginal enhancement. 6. Appellant, by all the evidence he produced, established that he sustained degloving injury to his right leg, exposing the crushed muscles and tibia, abrasion over left knee, abrasion over left leg and a simple injury over left forearm. He also established that he underwent wound debridement and skin grafting under regional anesthesia. 7. As rightly submitted by learned counsel for respondent No.2, the Tribunal subjecting the entire - 6 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 evidence to scrutiny, came to a conclusion that the disability in respect of whole body can be taken as 8%. Therefore, the same needs no interference. However, the notional income of appellant is required to be taken as Rs.12,500/- per month. Thus, on taking the nominal income of the appellant as Rs.12,500/- per month and without disturbing other parameters i.e., application of appropriate multiplier '9' and the disability in respect of whole body as 8%, the compensation which appellant is entitled to receive towards loss of future earnings comes to Rs.1,08,000/- (Rs.12,500/- x 12 x 9 x 8%). 8. Having considered the nature of injuries sustained and the treatment taken, this Court is of the view that appellant could not have attended his normal pursuits at least for a period of three months. Thus, loss of earnings during laid-up period comes to Rs.37,500/- (Rs.12,500/-x3). - 7 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 9. It is not in dispute that appellant took treatment as inpatient for a period of 12 days. Thus, considering the totality of evidence produced, the nature of injuries sustained, the treatment taken and the aspect of disability, this Court is of the view that the compensation which appellant is entitled to receive under different heads is as under: Sl No. Compensation Amount in Rs. 1 For Pain and suffering 60,000/- 2 Medical expenditure 99,172/- 3 Towards food, extra nourishment, conveyance and attending charges 20,000/- 4 Loss of future earnings 1,08,000 5 Loss of income during laid up period 37,500 6 Loss of amenities 20,000 Total Rs.3,44,672/- 10. The Tribunal through the impugned order held that appellant is entitled to a sum of Rs.2,55,572/- as - 8 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 compensation. However, foregoing discussion makes it clear that he is entitled to a sum of Rs.3,44,672/-. 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 Additional Motor Accident Claims Tribunal, Bengaluru through orders in MVC No.6662/2018 dated 29.01.2021 is enhanced from Rs.2,55,572/- to Rs.3,44,672/-. (iii) The enhanced sum shall carry interest at the rate of 6% per annum 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 weeks from the date of receipt of certified copy of this judgment. - 9 - HC-KAR NC: 2026:KHC:4855 MFA No. 5189 of 2021 (v) On such deposit, appellant is permitted to withdraw the entire amount. Sd/- (DR.CHILLAKUR SUMALATHA) JUDGE DS CT:VC List No.: 1 Sl No.: 28