- 1 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 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. 6925 OF 2025 (MV-I) BETWEEN: SRI. KAGITHALA SREENIVASALU S/O VENKATARAMUDU AGE ABOUT 38 YEARS RESIDING AT D.A KRISHNAPPA BUILDING RSR COLONY, IMMADIHALLIL, NEAR CAUVERY BAKERY, WHITEFIELD, BENGALURU - 560 066. …APPELLANT (BY SRI. GURUDEVA PRASAD K.T, ADVOCATE) AND: 1. SRI. KRISHNAPPA, S/O MUNIYALLAPPA AGE ABOUT 45 YEARS R/AT NO. 214, K. MALLASANDRA NADUVATHI HOSAKOTE TALUK, BENGALURU - 560 067. 2. M/S. ICICI LOMBARD GIC LTD., BY ITS MANAGER NO. 121, THE ESTATE BUILDING 9TH FLOOR, DICKSON ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, AVOCATE FOR R2; VIDE ORDER DATED 18.09.2025, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 24.02.2025 PASSED IN MVC NO.7169/2023 ON THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE, XXIV ACJM, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU, SCCH-20 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 24.02.2025 passed in MVC No.7169/2023 on the file of the V Additional Small Causes Judge, XXIV ACJM, Mayo Hall Unit, Bengaluru, SCCH-20, for enhancing the compensation. 2. Heard the arguments of 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. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.25,00,000/-. The - 3 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 Trial Court considering the entire evidence on record granted an amount of Rs.6,91,297/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. The petitioner/injured claimant met with an accident on 11.09.2023. After the accident he was admitted to the hospital for a period of 19 days. But the Tribunal has granted meager amount under the head pain and suffering as well as under the other heads. Due to the accident, the petitioner/claimant sustained grievous injuries and incurred substantial amount towards medical expenses. He was aged 36 years, working in a Zomato Food Services and earning Rs.35,000/- per month. But the Tribunal has assessed his income at Rs.16,000/- per month, which is on the lower side. The doctor assessed the whole body disability at 25.85%. However, the Tribunal has taken the disability at only 12% and meager amount is granted under the head loss of income during laid up period. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 5. The petitioner/injured sustained the following injuries, as per Ex.P.6, which are grievous in nature: 1. Multiple fracture that is left femur, left fibula fracture. 6. Though the petitioner/injured contended that he was earning Rs.35,000/- per month, but he has not filed any income proof. As the accident occurred in the year 2023, the Tribunal has rightly taken the notional income at Rs16,000/- per month, which needs no interference. As per Ex.P.13– Aadhaar Card, the petitioner was aged 41 years at the time of the accident and the applicable multiplier is ‘14’. The petitioner also examined the doctor as PW-2, who has stated as follows: "i. Compound oblique fracture of shaft of left Femur with Vascular injury to superficial femoral artery. ii. Fracture of Distal 1/3rd of left fibula. Operations: i) Ex-Fix (External Fixation) application to left femur with embolectomy done on 11.09.2023. - 5 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 ii) Ex-removal with IMIL (Intra Medullary Interlocking) nailing of left femur done on 19.09.2023." 7. The doctor-PW.2 has assessed the disability at 51.7% to the left lower limb and 25.85% to the whole body. He has further stated that the petitioner requires another surgery for removal of the implants from left femur; but the cost of the surgery has not estimated. This Court finds it reasonable to take 1/3rd of limb disability i.e., 17% instead of 12%. Therefore, loss of future earning capacity comes to Rs.4,56,960/-(16,000x12x14x17%). The Tribunal has observed that the petitioner/injured incurred a sum of Rs.2,51,737/- towards medical expenses and the said amount is confirmed. He is also entitled for a sum of Rs.40,000/- towards transportation, extra nourishment and attendant charges, Rs.50,000/- towards pain and suffering and Rs.30,000/- towards loss of amenities. The petitioner/claimant might not have attended any other work at least for a period of four months during the laid-up period. Therefore, Rs.64,000/- (16,000x4) is awarded under the - 6 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 head loss of income during laid up period. The Tribunal has granted Rs.25,000/- towards future surgical expenses, and it is also confirmed. 8. Thus in all, compensation awarded by this Court is as below: 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.9,17,697/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 1 Towards loss of future earning capacity 4,56,960/- 2 Towards medical expenses 2,51,737/- 3 Towards loss of amenities 30,000/- 4 Towards transportation, extra nourishment and attendant charges 40,000/- 5 Towards loss of income during laid up period 64,000/- 6 Towards future surgical expenses 25,000/- Total 9,17,697/- - 7 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 24.02.2025 passed in MVC No.7169/2023 on the file of the V Additional Small Causes Judge, XXIV ACJM, Mayo Hall Unit, Bengaluru, SCCH-20, is modified. iii. The claimant is entitled to a sum of Rs.9,17,697/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,91,297/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,26,400/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:3486 MFA No. 6925 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 36