- 1 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 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.4639 OF 2025(MV-I) BETWEEN: DIVISIONAL MANAGER, THE ORIENTAL INSURANCE CO. LTD., VINAYAKA COMPLEX, 1ST PARALLEL ROAD, GARDEN AREA, SHIVAMOGGA, NOW REPT BY ITS REGIONAL MANAGER, REGIONAL OFFICE, NO. 44/45, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, BANGALORE-560 025 …APPELLANT (BY SRI C. SHANKAR REDDY, ADVOCATE) AND: 1. SRI. SANDEEPA B T S/O. B.P. THAMMANNAIAH GOWDA, AGED ABOUT 43 YEARS, R/AT BADAVAGODU VILLAGE, AVINAHALLI POST, SAGARA TALUK, SHIVAMOGGA DISTRICT 2. SRI. NANDAN KUMAR, S/O. MANJAIAH, AGED ABOUT 42 YEARS, R/AT KALURU, CHADARAVALLI POST, SAGARA TALUK, SHIVAMOGGA DISTRICT …RESPONDENTS (R1 AND R2 ARE SERVED) Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2025 PASSED IN MVC NO.426/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AND ADDITIONAL MACT-X, SAGAR, AWARDING COMPENSATION OF RS.10,41,200/- WITH INTEREST AT 6 PERCENT P.A. ON RS.9,41,200/- FROM THE DATE OF THE PETITION TILL REALIZATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The insurance company preferred this appeal under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 20.03.2021 passed in MVC No.426/2021 by the Additional Senior Civil Judge and JMFC., and Additional MACT-X, Sagar. 2. Heard the arguments of the learned counsel for the appellant. In spite of service of notice respondents remained ex parte. 3. The injured claimant met with an accident on 01.08.2019 and filed the claim petition claiming compensation of Rs.25,30,000/- together with interest at the rate of 16% p.a., from the date of petition till realization. The Tribunal - 3 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 considering the entire evidence on record granted an amount of Rs.10,41,200/- with interest at the rate of 6% per annum from the date of petition till realisation. Aggrieved by the said order, insurance company preferred this appeal. 4. Learned counsel for the appellant mainly contented that P.W.2 doctor assessed the disability of left lower limb function as 23%, Tribunal instead of taking one third of the same as 7%, taken 15% and it is to be reduced. The amount granted under other heads are excessive and thus requested for modification of the order. 5. Though petitioner stated that he was doing agricultural work and also working as a driver of Tipper and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2019, the Tribunal has rightly considered his national income as Rs.14,000/-. He was aged 39 years and the multiplier is taken as 15. 6. Petitioner suffered suture wound measuring 3 cms present over the dorsum of left foot, 4 cm above base of left great toe and sutured wound with one suture over the inner - 4 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 aspect of the left leg, 6 cm above ankle point as per Ex.P.9 and they are grievous in nature. Exs.P10 and Ex.P11 are the discharge summaries. He was admitted in the hospital for a period of 9 days. Doctor is not examined before the Court. But, he issued disability certificate. The Court relied upon the same, in which doctor assessed the disability as 23% of the physical impairment for the left lower limb and he needs left foot flap dubulking surgery and the estimated cost of the surgery is Rs.50,000/-. 7. Therefore, this Court finds it reasonable to take one third of 23% as 8% disability, instead of 15% considered by the Tribunal. Therefore, loss of future earning capacity comes to Rs.2,01,600/- (Rs.14,000x12x15x8%). As per Ex.P16 and Ex.P17, Tribunal granted Rs.3,13,671/- towards medical expenses and is confirmed. This Court finds it reasonable to grant an amount of Rs.50,000/- for pain and sufferings, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of three months. Therefore, Rs.42,000/- - 5 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 (Rs.14,000x3) under the head of loss of income during laid up period. It was stated that he requires another surgery, this Court finds it reasonable to grant an amount of Rs.30,000/- for future medical expenses. 8. Thus in all, compensation awarded by this Court is as below, 9. The Tribunal granted Rs.10,41,200/- and it is to be reduced to Rs.6,92,271/- with interest at the rate of 6% per annum. Particulars Amount in Rs. Loss of future income 2,01,600.00 Medical expenses 3,13,671.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid down period 42,000.00 Future medical expenses 30,000.00 Total 6,92,271.00 - 6 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 10. In the result, the following order is passed: ORDER i. The appeal is allowed. ii. The judgment and award dated 20.03.2025 passed in MVC No.426/2021, by the Additional Senior Civil Judge and MACT-X, Sagar is modified; iii. The award amount of Rs.10,41,200/- granted by the Tribunal is reduced to Rs.6,92,271/- with interest at the rate of 6% per annum. iv. Appellant – Insurance Company deposited 50% of the compensation before the Tribunal and they are directed to deposit the balance amount along with interest within one month from the date of this order. v. On such deposit, petitioner/injured claimant is permitted to withdraw the entire amount along with interest accrued on the same. - 7 - HC-KAR NC: 2026:KHC:2297 MFA No. 4639 of 2025 vi. The excess amount, if any, deposited by the insurance company shall be refunded. Sd/- (P SREE SUDHA) JUDGE MR