- 1 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6809/2024 (MV-I) BETWEEN: MOHSEENA, W/O MR. SAJJAD AHMED, AGED ABOUT 31 YEARS, R/AT NO.156, 2ND CROSS, KATARIPALYA, KOLAR-563 101. …APPELLANT (BY SRI. RANGEGOWDA N R., ADVOCATE) AND: 1. RAJANNA, S/O CHIKKEEREGOWDA, TAMMADAHALLI, KANDEGALA, MALAVALLI TALUK, MANDYA-571 401. 2. UNITED INDIA INSURANCE COMPANY LTD., RE.P BY ITS REGIONAL MANAGER REGIONAL OFFICE, 5TH AND 6TH FLOORS, KRISHI BHAVAN, HUDSON CIRCLE, OPP. BBMP, HEAD OFFICE, NRUPATHUNGA ROAD, BANGALORE-560 001. …RESPONDENTS (BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2, R1 SERVED) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2024 PASSED IN MVC NO. 1730/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25), 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 12.01.2024 passed by the XXIII Additional Small Causes Judge, Bengaluru, in MVC No. 1730 of 2021. 2. The injured claimant, aged 28 years, met with an accident on 01.02.2021 and filed a claim application claiming compensation of Rs.5,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.3,57,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that the Tribunal granted meager compensation under other heads. He was earning Rs.20,000/- per month, but the Tribunal has - 3 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 taken only Rs.11,500/- per month. P.W.2 doctor assessed the disability as 42% to the right lower limb and 14% to the whole body, but the Tribunal has taken the disability to the whole body as 10% instead of 14%. Interest is to be granted at the rate of 9% instead of 6%. Hence, requested for enhancement of compensation. 4. Learned counsel for the respondent insurance company has contented that the claimant sustained only one fracture and the Tribunal has rightly considered that the fracture will not have any impact on the daily activities of the claimant and taken the disability as 10% and it needs no interference. 5. Heard Learned counsel for both sides. 6. Petitioner has stated that he was a tailor and earning Rs.20,000/- per month, but he has not filed any proof of income. He met with an accident in the year 2021 and therefore, his notional income is to be taken as Rs.15,000/- per month as per the chart prepared by Karnataka State Legal - 4 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 Services Authority. The petitioner was aged 28 years and the multiplier is 17. 7. Petitioner, as per the wound certificate, has sustained the following injuries: “i) Depressed fracture forehead, right eye swollen, bleeding from nose and ii) Right leg, upper 1/3rd swelling, Tenderness, deformity which are grievous in nature.” 8. Doctor is examined as P.W.2 and he assessed the disability of right lower limb at 42% and that of the whole body is 14%. He is not a treated doctor. Fractures are united. Implants are in situ. After the removal of the implants, disability will vary. The Tribunal has taken the functional disability as 10%. This Court finds it reasonable to take the disability of one third of 42%, i.e. 14% instead of 10%. Thus, the loss of future earning capacity comes to Rs.4,28,400/- (15,000 x12x17x14%). The Tribunal granted Rs.10,831/- towards medical expenses as per the relevant documents and it is confirmed. - 5 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 9. The petitioner was hospitalised for a period of 17 days. This Court finds it is reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for 3 months. Therefore, Rs.45,000/- is to be granted under the head loss of income during laid-up. The doctor assessed the future medical expenses as Rs.60,000/- and this Court finds it is reasonable to grant an amount of Rs.30,000/- towards future medical expenses. So, the total compensation is enhanced from Rs.3,57,000/-to Rs.6,19,231/-. 10. Thus, in all, the claimant is entitled for the compensation of Rs.6,19,231/- with interest at 6% per annum as against Rs.3,57,000/- awarded by the Tribunal. 11. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 4,28,400/- 2. Medical expenses 10,831/- 3. Pain and Suffering 50,000/- - 6 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 45,000/- 7. Future medical expenses 30,000/- Total 6,19,231/- 12. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.6,19,231/- 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.2,62,231/- with interest at 6% per annum within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:2471 MFA No. 6809 of 2024 (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.: 94