- 1 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7273/2024 (MV-I) BETWEEN: SRI. MANJUNATHA R AGED ABOUT 39 YEARS S/O RAMACHANDRAPPA R/A DODDAKOLIGA VILLAGE SULIBELE HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT BENGALURU-562 122. …APPELLANT (BY SRI. NAGARAJA REDDY D., ADVOCATE) AND: 1. RELIANCE GENERAL INSURANCE CO.LTD., REGIONAL OFFICE AT 4TH AND 5TH FLOOR, CENTENARY BUILDING MAHATMA GANDHI ROAD, BENGALURU-560 001, REPRESENTED BY ITS MANAGER. 2. SRI LOKESH D K, AGED ABOUT 32 YEARS S/O KUMAREGOWDA R/O NO 143, DODDAHALLY VILLAGE AND POST ARKAGUD TALUK HASSAN-573 102. …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R1, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 V/O DATED 20.12.2024 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.08.2024 PASSED IN MVC NO.6206/2019 ON THE FILE OF THE COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-14), C/c. XVI ADDITIONAL SMALL CAUSES JUDGE, BENGALURU, PARTLY 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 by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.08.2024 passed in MVC No.6206/2019 on the file of the XVI Additional Small Causes Judge and Member MACT, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 3. Injured claimant met with an accident on 18.04.2019 and filed claim petition claiming compensation of Rs.15,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.8,44,600/- with interest at the rate of 6% pa from date of petition till deposit. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that he sustained grievous injuries and took treatment as an inpatient. He also underwent several operations. He examined the doctor as PW2 and he assessed the left lower limb disability as 65% and 21% to the whole body. But the Tribunal erred in taking the same as 12%. Further, it is stated that he was inpatient for 126 days. The amount granted under other heads are meager and thus requested for enhancement of the compensation. 5. Insurance company contended that the Tribunal rightly considered all the aspects and granted reasonable amount and it needs no interference. - 4 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 6. It is stated that petitioner was an agriculturist and also doing dairy business and also running a bakery and earning Rs.30,000/- per month. But he has not filed any income proof. As he met with an accident in the year 2019, his notional income is to be taken as Rs. 14,000/-. Petitioner was aged 34 years and the multiplier taken is 16. The petitioner also examined doctor as PW2. As per the wound certificate, the petitioner sustained abrasion over left medial malleolus and tenderness deformity on left ankle. X-ray reveals Trimalleoloar fracture left ankle. He was aged 34 years, as per Ex.P10/copy of Aadhar card. He was assessed with the disability as 65% to the left lower limb and 21% to the whole body. Perused Ex.P11 and Ex.P14 case sheets and OPD card and x-ray, the Tribunal observed that the disability will not affect his day to day activity as he is doing business and has considered the disability as 12%. 7. Further, from the evidence of PW.2 and the documents on record, it is clear that the petitioner has - 5 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 suffered abrasion over left medial malleolus and tenderness, deformity of left ankle. However, the petitioner is young and the recovery of injuries in young patient is fast. Therefore, on the basis of the evidence of PW.2, the assessment of whole body granted at 21% is on a higher side. On perusal of the document, it reveals that there is no limb length discrepancy and as per X-ray fracture is healed. It was further held that wounds were not healed and there was infection in the ankle bone. It is stated that he was hospitalized for a total period of 126 days. Therefore, this Court finds it reasonable to take 1/3rd of 65% i.e, 22% of disability. He underwent several surgeries. Therefore, this Court considering the nature of injuries, period of hospitalisation and other factors, finds that he is entitled for 40% towards future prospects. Hence, amount under head of future income comes to = Rs.14,000 + 40% x 12 x 16 x 22% = Rs.8,27,904/-. 8. The Tribunal granted Rs.3,23,992/- towards medical expenses and also granted Rs.1,00,000/- - 6 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 towards pain and suffering and the same are confirmed. Tribunal also granted an amount of Rs.50,000/- towards transportation, extra nourishment and attendant charges and the same is confirmed. This Court finds it reasonable to grant an amount of Rs.50,000/- for loss of amentieis. Further, the petitioner might not have attended any other work for 6 months. Therefore, Rs.14,000 x 6 = Rs.84,000/- is granted under loss of income during laid up period. 9. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future prospect 8,27,904 2 Pain and suffering 1,00,000 3 Loss of amenities 50,000 4 Transportation, extra nourishment and attendant charges. 50,000 5 Loss of income during laid down period 84,000 6 Medical expenses 3,23,992 Total 14,35,896 - 7 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.8,44,552/- to Rs.14,35,896/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.08.2024 passed in MVC No.6206/2019 on the file of the XVI Additional Small Causes Judge and Member MACT, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs. 14,35,896/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,44,600/- granted by the tribunal. - 8 - HC-KAR NC: 2026:KHC:6420 MFA No. 7273 of 2024 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.5,91,296/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. vi. Learned counsel for respondent is permitted to file vakalath within 2 weeks. Sd/- (P SREE SUDHA) JUDGE AKV CT:NR List No.: 1 Sl No.: 92