- 1 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 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. 6514 OF 2024 (MV-I) BETWEEN: AJAYKUMAR H.J. S/O. LATE JAYAKUMAR, NOW AGED ABOUT 30 YEARS, R/AT. SRIRANGANAHALLI, MANNE POST, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. DEVARAJU AGED MAJOR, R/AT NO.077, KALALGATTA, THYAMAGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. 2. ARUN KUMAR AGED MAJOR, R/AT. 2ND MAIN, 3RD CROSS, HEMAVATHINAGAR, HASSAN-573202 3. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 6TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BENGALURU-560001 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR RESPONDENT NO.3; VIDE ORDER DATED 21.01.2026, NOTICE TO RESPONDENT NOS.1 AND 2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.07.2024 PASSED IN MVC NO.5751/2022 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1 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 against the judgment and award dated 31.07.2024 passed by the Chief Judge, Court of Small Causes and Member, Principal M.A.C.T., Bengaluru (henceforth referred to as 'Tribunal') in M.V.C.No.5751/2022. - 3 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 3. The injured claimant, who is aged 28 years has met with an accident on 27.07.2022 and filed a claim petition claiming compensation of Rs.10,50,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.2,99,500/- along with interest at the rate of 6% per annum. 4. Aggrieved by the said judgment and award of the Tribunal, the claimant has preferred this appeal contending that he was hospitalized for a period of three days and he sustained injuries. The compensation awarded by the Tribunal under the other heads is meager. Though the Doctor has assessed the disability as 13% to the whole body, the Tribunal has failed to consider the same and has not awarded any compensation under the head 'loss of future earning capacity due to disability'. Therefore, he prays for enhancement of compensation. - 4 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 5. Learned counsel for respondent No.3 contended that though the Tribunal has not awarded compensation under the head 'loss of future earning capacity due to disability', but has awarded excessive compensation towards other heads. 6. In the present case, the claimant has stated that he was doing coolie work and was earning an amount of Rs.30,000/- per month. But he has not produced any proof of income. The Tribunal has taken the income of the claimant as Rs.15,000/- per month. As the accident had occurred on 27.07.2022, the notional income of the claimant has to be taken as Rs.15,500/- per month as per the Chart prepared by the Karnataka State Legal Services Authority. He was aged 28 years and the appropriate multiplier is '17'. 7. The claimant filed wound certificate as Ex.P2 and discharge summary as Ex.P7. As per the wound certificate, the appellant/claimant has suffered multiple - 5 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 abrasions over face with soft tissue injury and fracture and dislocation of right tibial condyle with ACL and PCL injury. 8. The appellant/claimant has examined a Doctor as PW.3. The Doctor-PW.3 has assessed the permanent physical disability of 13% to the whole body. As PW.3 was not the treated Doctor, the Tribunal has observed that the injury suffered by the claimant is only ligament injury and if physiotherapy is taken regularly, range of movements and power will be improved and disability will be decreased. The said reasoning of the Tribunal is erroneous. As per the medical evidence, the claimant sustained 13% disability. Therefore, the 'loss of future earning capacity due to disability' is assessed as Rs.15,500 x 12 x 17 x 13% = Rs.4,11,060/-. 9. The Tribunal has awarded an amount of Rs.99,500/- towards medical expenses as per the documents and the same is confirmed. - 6 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 10. The claimant was hospitalized for a period of three days. Considering the nature of injuries sustained and period of hospitalization, this Court finds that the claimant might not have attended any other work at least for a period of three months. Therefore, for three months, the compensation under the head of 'loss of income during laid up period' comes to Rs.46,500/- (Rs.15,500 x 3 months). 11. Further, this Court finds it reasonable to award Rs.50,000/- under the head 'Pain and suffering', Rs.30,000/- under the head 'Loss of amenities' and Rs.30,000/- under the head 'Transportation, food, nourishment and attendant charges'. Further, PW3-Doctor stated that the claimant requires another surgery and estimated the cost as Rs.60,000/-. Hence, this Court finds it reasonable to award Rs.30,000/- under the head 'future medical expenses'. - 7 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 12. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000 2. Medical Expenses 99,500 3. Loss of income during laid up period 46,500 4. Loss of future earning capacity due to disability 4,11,060 5. Loss of amenities 30,000 6. Transportation, Attendant, food and nourishment charges 30,000 7. Future Medical Expenses 30,000 Total 6,97,060 13. The Tribunal has awarded the compensation of Rs.2,99,500/- but the appellant/claimant is entitled to total compensation of Rs.6,97,060/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.3,97,560/- (Rs.6,97,060 - Rs.2,99,500). 14. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 8 - HC-KAR NC: 2026:KHC:3235 MFA No. 6514 of 2024 ii. The judgment and award dated 31.07.2024 passed by the Chief Judge, Court of Small Causes and Member, Principal M.A.C.T., Bengaluru in M.V.C.No.5751/2022 is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.3,97,560/- along with interest at the rate of 6% per annum. iii. Respondent No.3 is directed to deposit the compensation amount along with interest at the rate of 6% per annum from the date of claim petition till the date of deposit, before the Tribunal, within a period of one month from the date of this judgment. iv. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. v. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE PMR List No.: 1 Sl No.: 7