- 1 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6048/2024 (MV-I) BETWEEN: SRI. MUKUNDA. H. R. S/O RAMAPPA AGED ABOUT 51 YEARS RESIDING AT NO.64, TRIVENI NAGAR, K R PURAM BENGALURU PIN-560 036. …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.18, 6TH FLOOR, NEAR KRUSHI BHAVAN, HUDSON CIRCLE BENGALURU-560 001. 2. SRI R SIVAPRAGASAM S/O LATE RAJAGOPAL NO.76, 8TH CROSS, VINAYAKA LAYOUT BHATTARAHALLI, VIRGONAGAR POST BENGALURU-560 049. …RESPONDENTS (BY SRI. SREEKANTA RAO L., ADVOCATE FOR R1, SRI. N. H. MALLESHAPPA, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.02.2024 PASSED IN MVC NO. 4497/2023 ON THE FILE OF THE XVII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-21), 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 against the judgment and award dated 29.02.2024 passed by the XVII Additional Judge, Court of Small Causes, & Member, M.A.C.T, Mayo Hall Unit, Bengaluru (SCCH- 21) in MVC No.4497 of 2023. 2. The injured claimant, aged 50 years, doing coolie work, met with an accident on 30.06.2023, filed a claim application claiming compensation of Rs.10,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.3,06,992/- with interest at the rate of 7% per annum from the date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the petitioner-claimant in which it is mainly contended that the he was an inpatient for 5 days and he sustained grievous - 3 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 injuries. The amount granted by the tribunal under other heads is meagre and interest is to be granted in the rate of 12%. Thus, requested for enhancement of compensation. 4. Learned counsel for the respondent-insurance company contended that the doctor assessed the disability as 40% to the left lower limb and 13% to the whole body. But as the fractures are united, Tribunal taken the disability as 5% and therefore, it needs no interference. 5. Heard the learned counsel for both sides. 6. Though the petitioner has stated that he was doing coolie work and earning Rs.30,000/- per month, he has not filed any income proof. As he met with an accident in the year 2023, Tribunal has rightly considered the notional income of Rs.16,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. The petitioner was aged 50 years and the multiplier is 13. 7. Ex.P.6 is wound certificate and Ex.P.10 is discharge summary. As per Ex.P.6, the petitioner sustained fracture of left lateral condyler. He examined a doctor as P.W.2, but he - 4 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 was not the treated doctor. The doctor has stated that the petitioner sustained left lower limb disability of 40% and assessed the whole body disability as 13%. The tribunal observed that there is no functional disability and the fractures are united and has taken the disability as 5%. But considering the evidence of the doctor, this Court finds it reasonable to take the disability as 13% instead of 5%. So the loss of future earning capacity comes to Rs.3,24,480/- (16,000 x 12 x 13 x 13%). The Tribunal granted Rs.81,192/- towards medical expenses as per Exs.P.11 and P.12 and it is confirmed. Considering the nature of injuries, period of hospitalisation, the Tribunal granted Rs.40,000/- for pain and suffering, but this Court finds it reasonable to 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. Petitioner might not have attended any other work at least for a period of 3 months, and therefore, Rs.48,000/- is granted under the head loss of income during laid-up. P.W.2 has stated that the petitioner requires another surgery for removal of implants and estimated the cost of - 5 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 surgery as Rs.60,000/-. This Court finds it reasonable to grant an amount of Rs.30,000/- for future medical expenses. 8. Thus, in all, the claimant is entitled for the compensation of Rs.5,88,672/- with interest at 6% per annum as against Rs.3,06,992/- awarded by the Tribunal. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,24,480/- 2. Medical expenses 81,192/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 48,000/- 7. Future Medical expenses 30,000/- Total 5,88,672/- 10. In the result, the following order is passed: (i) Appeal is allowed in part. - 6 - HC-KAR NC: 2026:KHC:3491 MFA No. 6048 of 2024 (ii) The Claimant is entitled for the total compensation of Rs.5,88,672/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.2,81,680/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 85