- 1 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 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. 1386/2015 (MV-I) BETWEEN: MR J T LOKESH S/O MR. THIMMAIAH, AGED ABOUT 37 YEARS, ADVOCATE, NEAR MYSORE CAFE HOTEL, DODDAPETE, CHITRADURGA DISTRCT-577 501 …APPELLANT (BY SRI. K SHASHIKANTH PRASAD. ,ADVOCATE) AND: 1. MR L RANGAPPA S/O MR. LAKSHMAPPA, AGED ABOUT 56 YEAR,S OWNER OF SCORPIO (K.A-16 P-5618, PRASHANTH NAGAR, 3RD CROSS, CHITRADURGA TOWN CHITRADURGA TALUK-577 501. 2. THE ORIENTAL INSURANCE CO. LTD. BRANCH OFFICE, FIRST FLOOR, SRI SHARADA COMPLEX, OPPOSITE K.S.R.T.C. BUS STAND, CHITRADURGA TALUK-577 501. …RESPONDENTS (BY SRI. K N SRINIVASA., ADVOCATE FOR R2(VC), V/O DTD:29.05.2019 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.10.2014 PASSED IN MVC NO.1775/2010 ON THE FILE OF THE ADDITIONAL DISTRICT & SESSIONS JUDGE, ADDITIONAL MACT, CHITRADURGA, 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 29.10.2014 passed in MVC No.1775/2010 on the file of the Additional District & Sessions Judge, Additional Mact, Chitradurga 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. Initially, orders were passed by the Tribunal in MVC No.1775/2010 on 29.10.2014, according to said - 3 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 order, MFA No.3988/2012 was preferred and this High Court had remanded the matter to the tribunal with a specific directions as per the order dated 24.06.2014. Later, the Tribunal passed common award in MVC No.1774/2010 and 1775/2010 on 28.11.2011. The present appeal was filed against the order dated 29.10.20214 in MVC No.1775/2010. 4. The injured claimant filed claim petition claiming compensation of Rs.35,50,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,55,604/- with interest at the rate of 6% p.a. from date of petition till realisation. 5. Aggrieved by the said order, this appeal is preferred and mainly contended that the Tribunal granted meager amount under the conventional heads. The petitioner sustained crush injury over right leg, all bones are broken and exposed, also sustained type III B compound fracture proximal 3rd both bones right leg, sustained permanent disability because of grievous - 4 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 injuries. He was admitted in the hospital as an inpatient for 10 times and took treatment for 5 ½ months. He also underwent skin grafting and the amount under other heads is also meager. The Tribunal granted only Rs.10,000/- under the head future medical expenses and it is inadequate and thus requested for enhancement of the compensation. 6. The Petitioner is an advocate and they filed the necessary document as per Ex.P19/State the Bar counsel certificate to prove his occupation. But they have not filed any income proof. The petitioner met with an accident in the year 2010, Considering his occupation, Tribunal has taken his income as Rs.10,000/- per month and it needs no interference. He was aged 33 years and the multiplier taken is 16. 7. Ex.P9/Wound Certificate is produced and the petitioner also examined PW3 as doctor and he issued Ex.P14/Disability Certificate. He assessed the disability as 53.96% and 1/3rd of the same comes to 18%. Therefore, - 5 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 loss of future earning capacity comes to Rs.10,000 x 12 x 16 x 18% = Rs.3,45,600. The petitioner incurred Rs.4,39,204/- towards medical expenses as per Exs.P.10 (a), (c) & P.11 (a), (c). Therefore, this Court finds it reasonable to confirm the said amount granted by the petitioner towards medical expenses and hospitalized as an inpatient for 132 days. Considering the nature of injuries, his occupation and period of hospitalisation, this Court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering, Rs.40,000/- for loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. As the petitioner was inpatient and hospitalized for a period of 5 ½ months, therefore this Court finds it reasonable to grant an amount of Rs.10,000 x 6 =Rs.60,000 for loss of income during laid up period. Further, the petitioner is granted with an amount of Rs.10,000/- towards future medical expenses. 8. Thus in all, components awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 Hence, the compensation granted by tribunal is enhanced from Rs.8,55,604/- to Rs.10,09,804/- along with interest at the rate of 6% p.a. 9. 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 capacity 3,45,600 2 Medical expenses 4,39,204 2 Pain and suffering 75,000 3 Loss of amenities 40,000 4 Transportation, extra nourishment and attendant charges. 40,000 5 Loss of income during laid down period 60,000 6 Future medical expenses 10,000 Total 10,09,804 - 7 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 ii. The judgment and award dated 29.10.2014 passed in MVC No.1775/2010 on the file of the Additional District & Sessions Judge, Additional Mact, Chitradurga, is modified. iii. The claimants are entitled to a sum of Rs.10,09,804/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,55,604/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.1,54,200/- along with the interest at - 8 - HC-KAR NC: 2026:KHC:5160 MFA No. 1386 of 2015 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