- 1 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5117 OF 2024 (MV-I) BETWEEN: SRI. GANGARAJU C.N. S/O NARASIMHAPPA, AGED ABOUT 31 YEARS, R/AT NO.435, 11TH CROSS, EDIYURAPPA NAGARA, SINGANAYAKANAHALLI, YALAHANKA, BENGALURU. PERMANENT ADDRESS: CHIKKA DALAVATTA V AND POST, ID HALLI HOBLI, MADHUGIRI TALUK, TUMKUR DISTRICT-572127. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. SRI. VENUGOPAL B.R. S/O SRI. RAJANNACHAR, MAJOR, R/AT VILLA NO.310, 4TH MAIN, RASHI SPLENDOUR, OPP. N.S. CONVENTION HALL, DODDABALLAPUR-561 203. 2. THE MANAGER, CHOLA MS GEN. INS. CO., LTD., UNIT NO.4, 9TH FLOOR, LEVEL-6, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, 4TH M BLOCK, Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 INDUSTRIAL SUBURB, RAJAJINAGAR, BENGALURU- 560010. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR RESPONDENT NO.2; VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NO.1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2024 PASSED IN MVC NO. 620/2023 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY, (SCCH-14), 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 Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 06.04.2024 passed by the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru (henceforth referred to as 'Tribunal') in M.V.C.No.620/2023. 3. The injured claimant, who is aged 30 years has met with an accident on 26.12.2022 and filed a claim petition claiming compensation of Rs.15,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.5,88,000/- along with interest at the rate of 6% per annum from the date of petition till the date of depositing the award amount. 4. Aggrieved by the said judgment and award of the Tribunal, the claimant has preferred this appeal contending that he was hospitalized for a period of eight days and he sustained grievous injuries. The compensation awarded under the other heads is meager. The Doctor has assessed the disability as 28% to the left upper limb and 14% to the whole body. Therefore, he prays for enhancement of compensation. 5. In the present case, the claimant has stated that he was doing coolie work and was earning an amount of Rs.25,000/- per month. But he has not filed any proof of income. As the accident had occurred on 26.12.2022, the Tribunal has rightly taken the notional income of the - 4 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 claimant as Rs.15,500/- per month as per the Chart prepared by the Karnataka State Legal Services Authority. He was aged 30 years and the multiplier is taken as '17'. 6. The appellant/claimant has sustained the following injuries as per Ex.P8, which were grievous in nature: i) Left femur shaft fracture. ii) Multiple lacerations over right side of neck, right side of face, left hand, right temporal region of head, right ear bleed and abrasions over left knee. 7. The appellant/claimant has examined a Doctor as PW.3. The Doctor-PW.3 has assessed the permanent physical disability of 28% to the left upper limb and 14% to the whole body. The Tribunal has taken the disability at 8% but 1/3rd of 28% comes to 9% disability. Considering the age and occupation of the claimant, this Court finds it reasonable to take the disability as 10%. Therefore, the 'loss of future earning capacity due to disability' is assessed as Rs.15,500 x 12 x 17 x 10% = Rs.3,16,200/-. - 5 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 8. The Tribunal has awarded an amount of Rs.2,34,000/- towards medical expenses as per the documents and the same is confirmed. 9. The claimant was hospitalized for a period of eight days. Considering the nature of injuries sustained and period of hospitalization, this Court finds that the claimant might not have attended any other work at least for a period of three months. Therefore, for three months, the compensation under the head of 'loss of income during laid up period' comes to Rs.46,500/- (Rs.15,500 x 3 months). 10. Further, this Court finds it reasonable to award Rs.50,000/- under the head 'Pain and suffering', Rs.30,000/- under the head 'Loss of amenities' and Rs.30,000/- under the head 'Transportation, food, nourishment and attendant charges'. Further, PW3-Doctor stated that the claimant requires another surgery for removal of implants and this Court finds it reasonable to - 6 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 award Rs.25,000/- under the head 'future medical expenses'. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Medical Expenses 2,34,000 3. Loss of income during laid up period 46,500 4. Loss of future earning capacity due to disability 3,16,200 5. Loss of amenities 30,000 6. Transportation, Attendant, food and nourishment charges 30,000 7. Future Medical Expenses 25,000 Total 7,31,700 12. The Tribunal has awarded the compensation of Rs.5,88,000/- but the appellant/claimant is entitled to total compensation of Rs.7,31,700/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,43,700/- (Rs.7,31,700 - Rs.5,88,000). 13. Accordingly, I proceed to pass the following: - 7 - HC-KAR NC: 2026:KHC:3236 MFA No. 5117 of 2024 ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 06.04.2024 passed by the Member, MACT, XVI Additional Judge, Court of Small Causes, Bengaluru in M.V.C.No.620/2023 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,43,700/- along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE PMR List No.: 1 Sl No.: 6