- 1 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 10557/2013 (MV-I) BETWEEN: CHANNEGOWDA S/O NANJUNDAIAH @ N GOWDA AGED ABOUT 32 YEARS R/AT NO.51, 10TH MAIN, P G HALLI BANGALORE-560 003 …APPELLANT (BY SRI. SATHISH B., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD. T.P. HUB NO. 19-19/1 2ND FLOOR, SOUTH END ROAD BASAVANAGUDI BANGALORE-560 004. 2. MR B T THIMMEGOWDA S/O LATE THIMMAIAH NO.1, VENKATESHWARA TENT HOUSE J C NAGAR PIPE LINE ROAD MAHALAKSHMIPURAM BANGALORE-560 086 …RESPONDENTS (BY SRI. MAHANTESH SHETTER., ADVOCATE FOR R2 SRI. JWALA KUMAR, ADVOCATE FOR R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.9.2013 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 NO.7899/2011 ON THE FILE OF THE 14TH ADDITIONAL JUDGE, MACT, COURT OF SMALL CAUSES, BANGALORE, 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 The Tribunal had passed a common award in MVC Nos.7898/2011, 7899/2011 and 7900/2011 dated 10.09.2013. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 10.9.2013 passed in MVC No.7899/2011 on the file of the 14TH Additional Judge, MACT, Court of Small Causes, Bangalore, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent Nos.1 and 2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 3. It is submitted that on 04.12.2011 at about 1.30 pm the appellant were travelling with other passengers in an Autorickshaw bearing No.KA-01-D-2141 driven by its driver very carefully and cautiously on Bangalore Magadi Road, near Hosapete Circle, at that time one Quails car bearing Reg. No.KA-02-MB-1644 driven by its driver at a very high speed, in a rash and negligent manner came from Bangalore side and dashed against the above said Autorickshaw, resulting in which the said auto capsized. Due to impact the appellant sustained fracture of left leg both bone, tibia & fibula and other injuries all over the body. 4. As per Ex.P11/wound certificate issued by the doctor it discloses that the petitioner has sustained injuries like Cut lacerated wound present over front of lower one- third of left leg bone depth, X-ray of left leg AP/lat dated 04.12.2011 vide No.R3447 shows fracture shaft of tibia and fibula lower 3rd segment and the doctor opinioned that the said injury is grievous in nature. Ex.P.12 is the - 4 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 discharge summary issued by Chord Road Hospital, Bangalore and it discloses that the petitioner was admitted on 04.12.2011 and discharged on 07.12.2011 and diagnoses type II compound fracture both bones left leg. The said documents disclose that the petitioner has sustained fracture injuries which are grievous in nature and he took treatment for the same. 5. The petitioner examined the doctor as PW6 and he stated that petitioner sustained, Type II compound fracture of both bone left leg underwent wound debridement C.R. and IF of tibia with interlocking nail. He further stated that on recent radiological examination, fracture was united with implants in left tibia and thus he suffered permanent physical disability of 22% of the left lower limb i.e., 11% of the whole body. But the tribunal has taken the disability as 10%. The petitioner himself stated that he is working as an auto driver and having valid and effective driving license and earning Rs.6,000/- per month. Hence, the counsel for the respondent - 5 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 contended that, as the petitioner himself admitted his income as Rs.6,000/-, the same requires to be considered. The Petitioner has not filed any income proof. Therefore, the Tribunal has taken Rs. 60,000/- p.a. The petitioner met with an accident in the year 2011. As per the guidelines of Karnataka State Legal Services Authority, his notional income is to be taken as Rs.6,500/-. In this case, petitioner has not filed any income proof merely because he admitted that he was getting Rs.6,000/- per month, whether this court has to confine to take his income as Rs.6,000/- per month or to take the notional income of Rs.6,500/- requires to be considered. Admittedly, in all cases where there are no income proof, this court is relying upon the chart. Therefore, even in this case this court finds it reasonable to take his notional income as Rs.6,500/- p.m. instead of Rs.60,000/- per annum by the Tribunal. He was aged 34 years and the multiplier taken is 16. The Tribunal has taken 10% disability, therefore this Court finds it reasonable to take the disability as 10%, as - 6 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 per the medical evidence. Therefore, loss of future earning comes to Rs.6,500 x 12 x 16 x 10% = Rs.1,24,800/-. 7. The petitioner was hospitalized for 4 days, as per Exs.P15 and P16. The Medical bills to an extent of Rs.47,920/- was considered. Therefore, this Court finds it reasonable to grant an amount of Rs.47,920/- towards medical expenses. Considering the nature of injuries period of hospitalisation, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering. Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. He might not have attended any other work at least for a period 3 months. Therefore, he is entitled for Rs.19,500/- towards loss of income during laid up period. Tribunal granted Rs.2,000/- towards future medical expenses. PW6 stated that the petitioner requires another surgery for removal of implants. Therefore, this court finds it reasonable to grant amount of Rs.10,000/- towards future medical expenses. - 7 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 6. Thus in all, components awarded by this court are as below, Hence, the compensation granted by tribunal is enhanced from Rs.1,93,000/- to Rs.3,07,220/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl. Nos. Particulars Amount in Rs. 1 Loss of future earning 1,24,800 2 Medical bills 47,920 3 Pain and suffering 50,000 4 Loss of amenities 25,000 5 Transportation, extra nourishment and attendant charges 30,000 6 Loss of income during laid down period 19,500 7 Future medical expenses 10,000 Total 3,07,220 - 8 - HC-KAR NC: 2026:KHC:2924 MFA No. 10557 of 2013 ii. The judgment and award dated 10.9.2013 passed in MVC No.7899/2011 on the file of the 14TH Additional Judge, MACT, Court of Small Causes, Bangalore, is modified. iii. The claimants is entitled to a sum of Rs.3,07,220/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs. 1,93,000/- granted by the tribunal. iv. Respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,14,220/- 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.: 73