- 1 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6894 OF 2025 (MV-I) BETWEEN: SRI NARAYANASWAMY S/O PAPAIAH, AGE ABOUT 40 YEARS, RESIDING AT INDIRANAGAR, BEVINAHALLI, GAURIBIDANUR, CHIKKABALLAPUR- 561213. …APPELLANT (BY SRI. GURUDEVA PRASAD K T., ADVOCATE) AND: 1. GO DIGIT GE. INS. LTD., BY ITS MANAGER, ATLANTIS NO. 95, 4TH B CROSS ROAD, KORAMANGALA INDUSTRIAL LAYOUT, 5TH BLOCK, BENGALURU- 560095 2. M/S URBAN SPACE PROJECTS PVT. LTD., BY ITS PROPRIETOR, 2ND FLOOR, PR BUSINESS CENTER, OUTER RING ROAD, KADUBISANAHALLI, MARATHAHALLI, BENGALURU- 560037 …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 (BY SRI. MURALIDHARA N., ADVOCATE FOR R1; V/O DTD 17/9/25, NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2025 PASSED IN MVC NO. 376/2022 ON THE FILE OF THE IV ADDITIONAL JUDGE AND MACT AND ACJM, COURT OF SMALL CAUSES, BENGALURU (SCCH-6), 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 1. Heard the arguments of both sides. 2. This appeal is filed against the judgment and award of the Tribunal in MVC No.376/2022 dated 16.01.2025. Injured claimant met with an accident on 02.01.2022 and filed claim petition claiming compensation of ₹27,00,000/-. The Tribunal considering the entire evidence on record granted an amount of ₹ 11,07,993/- with interest at the rate of 6% per annum from the date of petition till deposit. Aggrieved by the said order, preferred the present appeal. - 3 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 Counsel for the appellant mainly contended that he was admitted as an inpatient for nine days. He sustained grievous injuries. He spent ₹ 5,00,000/- towards medical expenses. But, the Tribunal granted only ₹ 3,34,693/-. He also examined the doctor as PW2 and doctor assessed the disability as 62.31% to the right lower limb and 31.15% to the whole body. But, the Tribunal granted only 20%. He was working as a owner cum driver and earning ₹ 30,000/- per month. He was aged 42 years. But Tribunal has taken notional income of ₹ 15,500/- and the amounts granted under the other heads is bigger. Therefore, requested for enhancement of compensation and also rate of interest. 3. Though petitioner stated that he was earning ₹ 30,000/- he has not filed any income proof. As he met with an accident in the year 2022, the Tribunal has rightly considered his income as ₹ 15,500/- and it needs no interference. He was aged 42 years and the multiplier is 14. - 4 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 4. The petitioner sustained the following injuries; "(i) right hip fracture dislocation - bicolumnar fracture (ii) cut lacerated wound over right leg (iii) right knee soft tissue injury (iv) Fibula proximal and mid shaft fracture (vi) sciatic nerve injury" 5. The petitioner also examined doctor as PW2 and he stated as follows; "(1) right acetabulum posterior wall open reduction and internal fixation with plate and screw done on 4-1-2022. (2) right acetabulum anterior wall closed reduction and internal fixation with cannulated cancellous screw was done on 7-1-2022 and discharged on 11-1-2022." 6. The doctor further stated, radiological examination revealed the following; "(i) right hip columnar fracture dislocation shows correction, anterior column fracture of right acetabula shows malunion with steps with implants - 5 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 in situ, fracture of posterior column of right acetabulum shows union with implants in situ (ii) fracture of right fibula upper aspects shows malunion (iii) osteoarthritis changes are present right hip joint necessitating a total hip joint replacement arthroplasty in near future. assessed the permanent residual physical disability of about 62.31% of right lower limb and right hemi pelvis which about 31.15% of wholebody. PW-2 produced Ex-P14 OPD slip, Ex-P15-x-rays." 7. It is stated that he is not a treated doctor. The Tribunal has considered the functional disability as 20%. The evidence of PW2 shows that there is malunion of anterior column fracture of right acetabulum and so also, fracture of right fibula upper aspect shows malunion and right hip joint necessitating a total hip joint replacement in near future and it was also suggested that he needs hip joint replacement. Therefore, this Court finds it reasonable to take the disability as 21%. 1/3rd of 62% = 21%. As the appellant is aged 42 years, he is *Page No.5 retyped and replaced vide Court order dtd:16.04.2026. - 6 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 entitled for 25% towards future prospectus as per the citation reported in MFA No.103807/2016 in New India Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar. Hence, loss of future income comes to ₹ 15,500/- + 25% x 12 x 14 x 21% = ₹6,83,550/- This Court finds that the amounts granted by the Tribunal under other heads are just and reasonable and it needs no interference. 8. The doctor also stated that he has to undergo another operation. But, he has not estimated the cost of the surgery. Therefore, this Court finds it reasonable to grant an amount of ₹75,000/- towards future medical expenses. 9. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 1,00,000/- 2. Loss of amenities' 50,000/- 3. Attendant, food and nourishment charges 25,000/- 4. Loss of future income 6,83,550/- *Page No.6 retyped and replaced vide Court order dtd:16.04.2026. - 7 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 5. Loss of income during laid up period 77,500/- 6. Medical expenses 3,34,693/- 7. Future medical expenses 75,000/- Total 13,45,743/- 10. The Tribunal has awarded the compensation of Rs.11,07,993/-, but the appellant/claimant is entitled to total compensation of Rs.13,45,743/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.2,37,750/- (Rs.13,45,743/- - Rs.11,07,993/-). 11. Respondent No.1 has already deposited the award amount before the Tribunal. Hence, respondent No.1 is directed to deposit the enhanced compensation of Rs.2,37,750/- before the Tribunal with interest at the rate of 6% p.a., from the date of petition till realization. 12. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The impugned judgment and award dated 16.01.32025 passed in M.V.C.No.376/2022 by the IV Additional Judge and MACT and ACJM, *Page No.7 retyped and replaced vide Court order dtd:16.04.2026. - 8 - HC-KAR NC: 2026:KHC:6663 MFA No. 6894 of 2025 Bengaluru (SCCH-6), is hereby modified holding that the appellant/claimant is entitled for enhanced compensation of Rs.2,37,750/- along with interest at the rate of 6% per annum from the date of claim petition till realization. iii. Respondent No.1 is directed to deposit the enhanced compensation amount of Rs.2,37,750/- along with interest at the rate of 6% per annum, 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. As per the order in I.A.No.1/2025 dated 05.02.2026, the appellant is not entitled for interest for the delayed period of 136 days. vi. Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE GH List No.: 1 Sl No.: 38 *Page No.8 retyped and replaced vide Court order dtd:16.04.2026.