- 1 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 9216/2017 (MV-I) BETWEEN: NARAYANASWAMY S/O LATE VENKATARAYAPPA, AGED ABOUT 50 YEARS, RESIDING AT THOTLAGANAHALLI VILLAGE JANGAMAKOTE HOBLI SHIDLAGHATA TALUK-562 102 CHIKKABALLAPURA DISTRICT …APPELLANT (BY SRI. NANJE GOWDA T V., ADVOCATE) AND: 1. SRI MAHESH N S/O NARAYANAPPA, AGED ABOUT 36 YEARS, RESIDING AT THADUR VILLAGE, NAGAMANGALA POST, SHIDLAGHATTA TALUK-562 102 CHIKKABALLAPURA DISTRICT. 2. THE GENERAL MANAGER REGIONAL OFFICE M/S IFFCO TOKIYO GENERAL INSURANCE CO LTD., NO.41, 2ND FLOOR, CRISTU COMPLEX, LAVELLE ROAD, BENGALURU-560 001 …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 (BY SRI. D. VIJAYA KUMAR., ADVOCATE FOR R2, V/O DTD:09.11.2013 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:11.08.2017 PASSED IN MVC NO.7261/2016 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE, & XX ADDITIONAL ACMM, MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING 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 11.08.2017 passed in MVC No.7261/2016 on the file of the XXII Additional small causes judge, & XX Additional ACMM, MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 3. Injured claimant met with an accident on 11.09.2016 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considered the entire evidence on record, granted an amount of Rs.4,18,700/- with interest at rate of 8% p.a., from date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the petitioner was doing agriculture work and also working in Kempegowda International Airport, Devanahalli as a temporary employee and getting a salary of Rs.14,000/- per month. He was inpatient for 8 days in ICU. He lost his job after the accident as he could not do any physical work. PW2 stated that he requires another surgery for removal of the implants and estimated the cost of surgery as Rs.45,000/- to Rs.50,000/-. But the tribunal granted only Rs.10,000/-. Though the doctor assessed the disability as 38.68% of the lower limb and 12.89% to the whole body, Tribunal has taken only 10%, instead of taking at least 15% of the - 4 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 whole body. Further, the laid up period was granted only for 3 months, which is on lower side and thus requested for enhancing the compensation. 5. Though the petitioner stated that he was earning Rs.14,000/- per month he has not filed any income proof. As he met with an accident in the year 2016, as per the chart prepared by Karnataka State Legal Services Authority, his notional income is to be taken as Rs.9,500/- per month and he was aged 49 years. Therefore, the multiplier taken is 13. Learned counsel for the appellant stated that he filed RTC under Ex.P15 and also filed salary certificate under Ex.P13. But he has not examined the author of the document and he has not filed any document to prove his agricultural income. Therefore, this court finds it reasonable to take the notional income as per the chart prepared by Karnataka State Legal Services Authority as Rs.9,500/- and as per Ex.P7 wound certificate, the petitioner sustained 1) Frontal bone fracture with pneumocephalus. 2) Comminuted fracture shaft of left - 5 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 femur, which are grievous in nature. The petitioner also examined doctor for second injury and stated that fracture is united but the petitioner complains of inability to stand, walk long distance, sit on ground and squat, which has significantly affected his avocation, and assessed the total lower limb disability at 38.68% and whole body disability as 12.89%. But the tribunal has taken disability only as 10%. Learned counsel for appellant further stated that he has not examined the doctor regarding first injury sustained by him. Therefore, 1/3rd of 38% comes to 13%. Hence, this Court finds it reasonable to take the disability as 15% considering the request of the petitioner counsel. 6. Further, loss of future income comes to Rs.9,500 x 12 x 13 x 15%. = Rs.2,22,300/-. The Tribunal granted Rs.1,84,884/- towards medical expenses as per the relevant documents and it is confirmed. He was hospitalized for a period of 8 days, and therefore considering the nature of injuries, period of hospitalization and other relevant factors. This court finds it reasonable to - 6 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 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 other work at least for a period of 4 months and therefore Rs.9,500 x 4 = Rs.38,000/- is to be granted under the head, loss of income during laid-up. The PW2 stated that he requires another surgery for removal of the implants and estimated the cost as Rs. 45,000 to Rs. 50,000. Therefore, this court finds it reasonable to grant an amount of Rs.25,000/- towards future medical expenses. 7. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 2,22,300 2 Medical expenses 1,84,884 3 Pain and suffering 50,000 4 Loss of amenities 25,000 - 7 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 Hence, the compensation granted by tribunal is enhanced from Rs.4,18,700/- to Rs.5,75,184/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 11.08.2017 passed in MVC No.7261/2016 on the file of the XXII Additional Small Causes Judge, & XX Additional ACMM, MACT, Bengaluru, is modified. 5 Transportation, extra nourishment and attendant charges. 30,000 6 Loss of income during laid down period 38,000 7 Future medical expenses 25,000 Total 5,75,184 - 8 - HC-KAR NC: 2026:KHC:5171 MFA No. 9216 of 2017 iii. The claimants are entitled to a sum of Rs.5,75,184/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,18,700/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.1,56,484/- along 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. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 92