- 1 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5361/2025 (MV-I) BETWEEN: SRI VENKATESH C R S/O. LATE RAMAKRISHNEGOWDA AGED ABOUT 77 YEARS R/AT CHIKKAMALUR VILLAGE DODDAMALUR HOBLI CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 …APPELLANT (BY SRI. TEJAS N.,ADVOCATE) AND: 1. SRI KUMAR M S/O. MARISWAMY AGED MAJOR R/AT NO.62/2, BELLUR MANDYA, KASABA HOBLI MADDUR TALUK MANDYA DISTRICT - 571 428. (OWNER OF THE MAGNUS EX BEARING REG. NO.KA-11-EU-2002) 2. THE MANAGER HDFC ERGO OFFICE AT NO.25/1, 2ND FLOOR SHANKARNARAYANA BUILDING BUILDING NO.2, M.G. ROAD BENGALURU - 560 001. (POLICY NO.2312101281580100000 VALID FROM 10-10-2022 TO 09-10-2027. …RESPONDENTS (BY SRI. B PRADEEP., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH V/O/DATED 12.01.2026) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MOTOR VEHICLES ACT,1989 PRAYING TO MODIFY AND ENHANCE THE COMPENSATION AWARDED BY THE JUDGMENT AND AWARD DATED 20.05.2025 PASSED IN MVC NO.6958/2022 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Though the matter is listed for order, with consent of both sides, the matter is taken up for disposal. 2. Heard the arguments of both sides. 3. This appeal is filed against the award of the Tribunal in MVC No.6958/2022 dated 20.05.2025. The injured/claimant, aged 74 years met with an accident on 02.12.2022 at about 3:45 p.m and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.3,62,506/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said judgment and award, the appellant preferred this appeal and mainly contented that he was an agriculturalist and earning Rs.25,000/- per month and doctor assessed the disability as 17% to the whole body, but the - 3 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 Tribunal has taken only 12%. PW.2 stated that appellant requires another surgery for removal of the implant, which cost of Rs.60,000/-, but the Tribunal granted lesser amount. Therefore, appellant requested for enhancement of the compensation. 4. Learned Counsel for respondent No.2 stated that as the fractures are united, the Tribunal rightly taken 12% disability and it needs no interference. 5. Though the appellant stated that he was earning Rs.25,000/- per month, he has not produced any income proof. He met with an accident in the year 2022. Therefore, the notional income was rightly taken by the tribunal as Rs.15,500/- per month and it needs no interference. He was aged 74 years and the multiplier is '5'. 6. As per the evidence of PW.2, the appellant sustained fracture of right humerus fracture and right forearm both bones fracture and he was treated with ORIF with plate and screws on 05.12.2023. The doctor assessed the disability of the right arm as 52% and that of the whole body disability is 17%. There, it is stated that fractures are united. In the cross- examination, PW.2 admitted that fractures are united. - 4 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 Considering the said fact, the Tribunal has taken the disability as 12%. PW.2 also stated that appellant requires another surgery for removal of the implant and the estimated cost of the surgery is Rs.60,000/-. Considering the medical evidence, this Court finds it reasonable to take the disability as 17%. Therefore, 'loss of future earning capacity' comes to Rs.1,58,100/-(15,500x12x5x17). Appellant was hospitalised for a period of nine days. Appellant incurred Rs.98,706/- towards 'medical expenses' as per Ex.P9 and it is confirmed. Tribunal granted Rs.50,000/- for 'pain and suffering' and Rs.30,000/- for 'loss of amenities' and the said amounts are confirmed. Appellant is entitled for transportation, food and nourishment, conveyance to an extent of Rs.30,000/-. The appellant might not have attended any work at least for a period of three months. Therefore, he is entitled for Rs.46,500/-(15,500x3) for 'loss of income during laid up period' and he is also entitled for Rs.60,000/- for 'future medical expenses' for removal of implants. Thus, in all components awarded by this Court are as below: Sl. No. Particulars Amount (Rs.) 1. Loss of future income 1,58,100/- - 5 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 2. Medical expenses 98,706/- 3. Pan and sufferings 50,000/- 4. Loss of amenities 30,000/- 5. Transportation, food and nourishment, conveyance 30,000/- 6. Loss of income during laid up period 46,500/- 7. Future medical expenses 60,000/- Total 4,73,306/- Tribunal awarded 3,62,506/- Enhanced amount 1,10,800/- 7. Therefore, the compensation is enhanced to Rs.4,73,306/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. 8. The insurance company already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,10,800/- with interest at the rate of 6%. 9. In the result, I pass the following: O R D E R i. Miscellaneous First Appeal allowed in-part. - 6 - HC-KAR NC: 2026:KHC:1796 MFA No. 5361/2025 ii. Judgment and award dated 20.05.2025 passed in M.V.C. No.6958/2022 on the file of the X Additional Judge, Court of Small Causes and Member, MACT, Bengaluru is modified; iii. The appellant-claimant is entitled for enhanced compensation of Rs.1,10,800/- along with interest at the rate of 6% per annum from the date of petition till the date of realisation; iv. The respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.1,10,800/- with interest at the rate of 6% per annum within one month from the date of this order; v. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same; Sd/- (P SREE SUDHA) JUDGE PKN List No.: 1 Sl No.: 13