- 1 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5081 OF 2024 (MV-I) BETWEEN: SRI MALLAPPA S/O HONNAPPA HORRANGINAMANI, AGED ABOUT 32 YEARS, R/AT CHATTIHALLA VILLAGE, HUNAGUNDA TALUK, BAGALKOTE DISTRICT. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. SRI SARAVANA KUMAR REDDY K S/O KOMMA CHANDRA SEKHAR REDDY, MAJOR, R/AT NO. A, 4101, 4TH FLOOR, DSR SUN SHINE, BBMP KHATA NO.4, 2ND CROSS, 1ST MAIN, KRISHNA REDDY LAYOUT, BANASAWADI, BENGALURU- 560 004. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 (RC OWNER OF CAR BEARING REG. KA-03-MP-2469) 2. THE MANAGER ICICI LOMBARD GEN. INS. CO.K, LTD., NO.121, THE ESTATE 9TH FLOOR, DICKENSON ROAD M G ROAD, BENGALURU- 560 001 (POLICY NO. 3001/165854920/1/000 VALID FROM 03/03/2020 TO 03/02/2021 …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2 V/O DTD. 9/7/2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.02.2024 PASSED IN MVC NO.1118/2021 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSE JUDGE AND ACMM, MEMBER, MACT, BENGALURU, (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 3 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the judgment and award dated 17.02.2024 passed by the XXI Additional Small Cause Judge and MACT, Bangalore (henceforth referred to as 'Tribunal') in M.V.C. No.1118/2021. 3. The injured claimant, who is aged 29 years has met with an accident on 15.11.2020 and filed a claim petition claiming compensation of Rs.30,00,000/-. The Tribunal, after considering the entire evidence on record, has awarded the compensation of Rs.20,27,500/- along with interest at the rate of 6% per annum from the date of petition till realization of the entire award amount. 4. Aggrieved by the said judgment and award of the Tribunal, the claimant has preferred this appeal contending that he sustained grievous injuries. The Tribunal ought to have granted more amount towards loss of amenities. The claimant sustained a brain injury resulting in memory loss and forgetting things. As per the medical evidence, he has suffered 62% permanent neurological disability due to head injury and 30% - 4 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 visual disability of the left eye. Therefore, he prays for enhancement of compensation. 5. In the present case, the claimant was working as a Mason and was earning Rs.20,000/- per month at the time of the accident. But he has not filed any proof of income. As the accident had occurred in the year 2020, the Tribunal has rightly taken the notional income of the claimant as 14,500/- per month as per the Chart prepared by the Karnataka State legal Services Authority. He was aged 29 years and the multiplier is ‘17’. 6. The Neurosurgeon was examined as PW3 and the Ophthalmologist as PW4, who have opined that the claimant has suffered functional disability to the extent of 100%. However, the Tribunal has taken the whole-body disability at only 35% and assessed the monthly income at Rs.14,500/-, thereby awarding inadequate compensation. It is also contended that the claimant is entitled to compensation towards loss of marriage prospects in view of the law laid down by the Hon’ble Supreme Court in KAJAL V. JAGADEESH CHAND & ANR., AIR 2020 SCC 776 and MASTER AYUSH V. - 5 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD. & ANR., 2022 LIVELAW (SC) 330. 7. Learned counsel for the respondent has mainly contended that, though it is stated that the claimant sustained 60% of disability. He himself gave evidence before the Court and answered all questions during the course of examination. The Tribunal rightly considered his disability at 35% and it needs no interference. 8. As per wound certificate/medical records, the claimant sustained following injuries: ‘(i) Head and chest with polytrauma, CT brain shows hemmorrahage in left frontal and right templral lobe and septuh pellueidum left SAH, Facial bone fracture, (ii) Bilateral hemothorax (iii) Fracture of right inferior ramus and public tubercle’ 9. The claimant was hospitalized for 12 days and he examined by PW3 neurosurgeon who had assessed the disability of the claimant as 62% and PW4 eye surgeon, who - 6 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 had assessed the disability as 30%. The Tribunal discussed at length regarding the disability sustained by him in the concerned paragraphs. However considering the nature of injuries and disability assessed by the Doctor, this Court finds it just and reasonable to take the disability of the petitioner as 50% instead of 35%, as the disability is more than 20% and he is also entitled for future prospects. So the loss of future earning capacity comes to 20,300 (14,500 + 40%) x 12 x 17 x 50% = 20,70,600/-. This Court finds it just and reasonable to grant an amount of Rs.30,000/- for transportation, extra nourishment and attendant charges. The amounts granted by the Tribunal under the other heads is reasonable and it needs no interference. 10. Thus, in all, the claimant is entitled for the following compensation. Sl. No. Particulars Amount (In Rs.) 1. Attendant charges 30,000 2 Pain and suffering 60,000 3. Loss of amenities 60,000 4. Loss of income during laid-up period 58,000 - 7 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 5. Medical expenses 2,81,500 6. Loss of future earning capacity 20,70,600 7 Loss of prospectus of marriage 2,00,000/- Total 27,60,100 11. The Tribunal has awarded the compensation of Rs.20,27,500/- but the appellant/claimant is entitled to total compensation of Rs.27,60,100/-. Therefore, the appellant/ claimant is entitled to enhanced compensation of Rs.7,32,600/- (Rs. 27,60,100 - Rs.20,27,500/-). 12. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award dated 17.02.2024 passed by the XXI Additional Small Cause Judge and MACT, Bangalore in M.V.C. No.1118/2021 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.7,32,600/- along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit. - 8 - HC-KAR NC: 2026:KHC:6658 MFA No. 5081 of 2024 iii. The respondent No.2/Insurance Company already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhancement of compensation of Rs.7,32,600/- with interest at the rate of 6% from the date of claim petition till the date of deposit, before the Tribunal within 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 SMC List No.: 1 Sl No.: 91