- 1 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21STDAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4724/2025 (MV-I) BETWEEN: SRI RAMAKRISHNA K S/O. KALI MUTHU, AGED ABOUT 35 YEARS, R/AT NO.3/47/1, SOUTH STREET, THATCHAMALLI, VILANUR POST, AVUDAIYAR KOVIL TALUK, SATTIYAKKUDI, PUDDUKOTTAI, THANJAVOOR DISTRICT, TAMIL NADU. …APPELLANT (BY SRI. M V MAHESWARAPPA.,ADVOCATE) AND: 1. M/S PARTNER BHARATHI TOURIST REPRESENTED BY ITS MANAGER AGED MAJOR NEAR MAHALINGESHWARA TEMPLE, BANNAJE, UDUPI DISTRICT - 576 101. 2. THE BRANCH MANAGER UNITED INDIA INSURANCE CO. LTD., D.O. 6THFLOOR, KRUSHI BHAVAN, NRUPATUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560001. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA.,ADVOCATE FOR R2, V/O DATED 22.09.2025 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.05.06.2021 PASSED IN MVC NO. 2829/2019 ON THE FILE OF THE VII ADDITIONAL SCJ ENIOR CIVIL JUDGE, ADDITIONAL MACT, HASSAN, 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 05.06.2021 passed in MVC No.2829/2019 on the file of the VII Addl. SCJ and ACMM, Member, MACT-3, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellants and learned counsel for respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The injured claimant aged 30 years met with an accident on 06.10.2018 and filed claim petition claiming compensation of Rs.30,00,000. The Tribunal considering the - 3 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 entire evidence on record granted Rs.4,43,100/- with interest and rate of 6% per annum from date of petition till deposit. 4. Aggrieved by the said award, this appeal is filed in which it is mainly contended that the petitioner sustained several injuries as per Ex.P5/Wound Certificate and also his middle finger was amputated, middle phalanx of index finger and also right index. The Tribunal assessed the whole body disability as 14% but Tribunal has taken only 4%. The amount granted under the other heads are on lower side and thus requested for enhancement of the compensation. 5. Learned counsel for respondent has also stated that the Tribunal rightly considered all the aspects and granted just compensation and it needs no interference. 6. The petitioner stated that he was working as a cleaner and earning Rs.20,000/- per month and was also doing agricultural work and earning Rs.1,00,000 p.a. but he has not filed any income proof. As he met with an accident in the year 2018, his notional income is to be taken as Rs.12,500/- as per the chart prepared by Karnataka State Legal Services Authority. He was aged 32 years as per DL produced by him - 4 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 and thus the multiplier is to be taken as 16. Further, the petitioner sustained the following injuries “01. Grazed abrasion over the right wrist joint measuring about 3 x 4 cm size. 02. Cut lacerated wound over the right forearm measuring 1 x 2 cm size. 03. Traumatic amputation of index finger at the level of base of middle phalanx - left side. 04. Near total amputation of middle finger left side (A cut lacerated wound enriching at the level of proximal phalanx) (No capillary filling and oxygen sutures on pulse oximeters). 05. Extensive crush injury of dorsal aspect with one inch loss of extensor tendon of left ring finger. 06. Extensive crush injury of dorsal aspect with one inch loss of extensor tendon of left little finger.” 7. The Petitioner also examined doctor as PW3, and he stated that the petitioner suffered traumatic amputation of the level of base of middle phalanx of index finger, middle finger near total amputation, ring finger extensive crush injury of dorsal aspect with one inch loss of extensor tendon, little finger extensive crush injury of dorsal aspect with one inch loss of extensor tendon. He has assessed and he has undergone - 5 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 surgery, and assessed the permanent physical disability as 24% to the left upper limb. However, the Tribunal assessed the entire evidence and taken the disability as 14% to the whole body and it needs no interference. So loss of future earning capacity comes to Rs.12,500 x 12 x 16 x 14% = 3,36,000. The petitioner was hospitalized for a period of 7 days, as per Ex.p7 and Ex.P8 discharge summary. The Tribunal granted Rs.39,522/- towards medical expenses. Considering the nature of injuries, his occupation, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering,Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any work at least for a period of 4 months. Hence, loss of income during laid up period is Rs.50,000./- 8. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 Hence, the compensation granted by tribunal is enhanced from Rs.4,43,100/- to Rs.5,30,522/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award 05.06.2021 passed in MVC No.2829/2019 on the file of the VII Addl. SCJ and ACMM, Member, MACT-3, Bengaluru, hereby is modified. Sl. Nos. Particulars Amount in Rs. 1 Loss of future income 3,36,000 2 Pain and suffering 50,000 3 Loss of amenities 25,000 4 transportation, extra nourishment and attendant charges 30,000 5 Loss of income during laid down period 50,000 6 Future medical expenses 39,522 Total 5,30,522 - 7 - HC-KAR NC: 2026:KHC:3389 MFA No. 4724 of 2025 iii. The claimants are entitled to a sum of Rs. 5,30,522/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,43,100/- granted by the tribunal. iv. Respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.87,422/- with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 21.01.2026, the delay of 661 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 25