- 1 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2789 OF 2025 (MV-I) BETWEEN: SRI. NAGANNA S/O LATE GIRIGOWDA NOW AGED ABOUT 56 YEARS RESIDENT OF MADAPPANAHALLI VILLAGE HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT - 572 123. …APPELLANT (BY SRI. CHANDRASHEKARAIAH B, ADVOCATE) AND: 1. SRI. UMESHA.K.S S/O SHIVAKUMAR .K.S, MAJOR (AGED OF RESPONDENT NO.1 NOT KNOWN TO APPELLANT) KOTHAGERE VILLAGE AND HOBLI KUNIGAL TALUK, TUMKUR DISTRICT - 572 130. 2. UNITED INDIA INSURANCE COMPANY LTD., D.O. 6TH FLOOR, KRISHI BHAVAN NRUPATHUNGA ROAD, HUDSON CIRCLE BENGALURU - 560 001, BY ITS MANAGER. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 25.04.2025, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.04.2023 PASSED IN MVC NO.7996/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 appellant/claimant under Section 173(1) of the Motor Vehicles Act, 1988 challenging the judgment and award dated 12.04.2023 passed in MVC No.7996/2019 on the file of the I Additional Small Causes Judge and MACT, Bengaluru (SCCH-11), for enhancing the compensation. 3. The petitioner/injured claimant met with an accident on 28.06.2017 and filed a claim petition claiming - 3 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 compensation of Rs.25,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.2,03,354/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the petitioner has preferred this appeal mainly contending that he sustained fracture injuries and was hospitalized as an inpatient for a period of 20 days. The petitioner examined the doctor as PW2 and he assessed the disability of the lower limb at 26% and that of the whole body at 13%. The petitioner was aged 58 years as per the medical records and was doing labor work and earning Rs.15,000/- per month. The Tribunal has granted meager amounts under other heads. Thus, the petitioner requested for enhancement of the compensation. 4. Though the petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2017, his notional income has been rightly considered as - 4 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 Rs.11,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 61 years and the relevant multiplier applicable is 7. 5. The petitioner filed Ex.P5-wound certificate and Ex.P9-discharge summary. He also examined the doctor as PW2 and he stated that the petitioner sustained fracture of the Tibia left leg. He underwent treatment for internal fixation of the left tibia. The petitioner complains of pain in the left leg, difficulty in squatting on floor, climbing upstairs, walking on slope and performing routine activities. The doctor further deposed that there is restriction of joint movement of the left knee flexion extension 15D Normal 0-70D, causing difficulty in squatting on floor, climbing upstairs, walking on slope and kneeling. Radiological examination shows that the fracture has united with implants in situ. He opined that the petitioner suffers from permanent physical disability of 26% of the left lower limb, which is 13% to the whole - 5 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 body and that he requires one more surgery for removal of the implant. Considering the medical evidence, this Court finds it reasonable to take one-third of 26% ie., 9% disability to the whole body. Accordingly, loss of future earning capacity comes to Rs.11,000/- x 12 x 7 x 9% = Rs.83,160/-. The Tribunal has granted Rs.38,674/- towards medical expenses and the said amount is confirmed. The petitioner was hospitalized for a period of 20 days. Considering the nature of injuries, 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, Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work atleast for a period of 3 months. Therefore, Rs.33,000/- (Rs.11,000/- x 3) is to be granted under the head loss of income during laid up period. The Tribunal has already granted Rs.10,000/- - 6 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 towards future medical expenses and the said amount is confirmed. 6. Thus in all, compensation awarded by this Court is as below: 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.2,69,834/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: Particulars Amount in Rs. Loss of future earning capacity 83,160 Pain and suffering 50,000 Loss of amenities 25,000 Transportation, extra nourishment and attendant charges 30,000 Loss of income during laid up period 33,000 Future Medical Expenses 10,000 Medical Expenses 38,674 Total 2,69,834 - 7 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 12.04.2023 passed in MVC No.7996/2019, by I Additional Small Causes Judge and MACT, Bengaluru (SCCH-11), is modified; iii. The claimant is entitled to a sum of Rs.2,69,834/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.2,03,354/- granted by the tribunal. iv. Respondent No.2 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.66,480/- along with the interest at the rate of 6% per annum within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:21103 MFA No. 2789 of 2025 v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. The appellant is not entitled for interest for the delay period of 636 days as per the order on I.A.No.1/2025 dated 16.04.2026. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 22