- 1 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5399 OF 2025(MV-I) BETWEEN: SRI SHIVAKUMAR S/O MUNISWAMAIAH NOW AGED ABOUT 37 YEARS RESIDING AT KURUDIHALLI VILLAGE KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT-572 130. …APPELLANT (BY SRI. B. CHANDRASHEKHARAIAH, ADVOCATE) AND: 1. MR SADASHIVAIAH.S.J S/O JAYANNA S.M RESIDING AT NO.4, NEW NO.44 SUDDAGUNTEPALYA NEAR C.V.RAMAN NAGAR TELEPHONE EXCHANGE BENGALURU-560 093. 2. UNITED INDIA INSURANCE COMPANY LTD D.O. 6TH FLOOR, KRUSHI BHAVAN NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU - 560001 BY ITS MANAGER. …RESPONDENTS (V/O DATED 22.07.2025 NOTICE TO R1 IS D/W) (SRI.B.A. RAMAKRISHNA, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.06.2024 PASSED IN MVC NO. 6698/2022 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 by the Insurance Company under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 03.06.2024 passed in MVC No.6698/2022, by the XIX Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru, (hereinafter referred to as 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with an accident on 22.09.2022 and filed a claim petition seeking compensation of Rs.20,00,000/-. The Tribunal, after considered the evidence on record, awarded a total - 3 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 compensation of Rs.4,50,600/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said order, the claimant has preferred the present appeal contenting that he was admitted in the hospital as an inpatient for a period of four days and thereafter underwent follow-up treatment. He examined the doctor, who assessed the disability of left lower limb at 26% and the whole-body disability at 13%, however, the Tribunal has taken the disability at only 10%. The claimant sustained grievous injuries and the amounts awarded under various heads are meagre. Hence, he sought enhancement of the compensation. 5. Learned counsel for the respondent contended that one-third of 26% comes approximately 9%, and the Tribunal has rightly taken 10% whole-body disability, which requires no interference. 6. Learned counsel for the appellant stated that he was working as a labourer and earning Rs.20,000/- per month, but no documentary proof of income was - 4 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 produced. Since the accident occurred in the year 2022, the nominal income is rightly taken at Rs.15,500/- per month based on the chart prepared by the Karnataka State Legal Services Authority. As per Ex.P.10 and the claimant was aged 34 years and the applicable multiplier is '16'. 7. As per Ex.P.7-Discharge Summary, the claimant sustained bimalleolar fracture of left ankle and underwent ORIF with plating and malleolar screw fixation on 22.09.2022 under spinal anaesthesia. The injuries are grievous in nature. The doctor was examined as PW.2, and Ex.P.11 and Ex.P.12 are marked. 8. PW.2, deposed that the claimant may requires another surgery for removal of implants. However, considering the nature of injuries and evidence on record, the Tribunal has rightly taken 10% whole-body disability and this Court finds no reason to interfere with the same. Accordingly, 'Loss of future earning capacity' comes to Rs.15,500x12x16x10%=2,97,600/-. - 5 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 9. As per Ex.P.7 – Discharge Summary, the claimant was hospitalized for a period of twelve days and as per Ex.P9, the Tribunal granted Rs.40,000/- towards 'Medical Expenses', which is confirmed. 10. Considering the nature of the injuries, the period of hospitalisation and other relevant factors, this Court finds it reasonable to grant Rs.50,000/- towards 'Pain and Suffering', Rs.25,000/- towards 'Loss of Amenities' and Rs.30,000/- towards 'Transportation, Extra nourishment and Attendant charges'. The claimant might not have attended any other work for at least a period of three months. Therefore, a sum of Rs.15,500x3=Rs.46,500/- is awarded under the head 'Loss of income during the laid-up period'. 11. The Tribunal awarded Rs.30,000/- towards 'Future medical expenses' and which is confirmed. 12. Thus, the compensation awarded by this Court is as follows: - 6 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 13. In summary, the appellant/claimant is entitled to a total compensation of Rs.5,19,100/- as against Rs.4,50,600/- awarded by the Tribunal. The enhanced compensation works out to Rs.68,500/-. To this extent, the award passed by the Tribunal is modified. 14. In the result, pass the following: ORDER i. The appeal is allowed in part. Particulars Amount in Rs. Loss of future earning capacity 2,97,600.00 Pain and suffering 50,000.00 Loss of amenities 25,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expense 40,000.00 Loss of income during laid up period 46,500.00 Future medical expenses 30,000.00 Total 5,19,100.00 - 7 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 ii. The judgment and award dated 03.06.2024 passed in MVC No.6698/2022, by the XIX Additional Judge, Court of Small Causes and Motor Accident Claims Tribunal, Bengaluru, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.68,500/-. (Rs.5,19,100/- minus Rs.4,50,600/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, only he is directed to deposit enhanced compensation of Rs.68,500/- with interest rate of 6% within one month from the release of such deposit. - 8 - HC-KAR NC: 2026:KHC:4096 MFA No. 5399 of 2025 v. Upon such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 45