- 1 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7152 OF 2024 (MV-I) BETWEEN: MR. J. MYLARAPPA @ CHRISTUDAS S/O CHIKKA JOHN JUNJAPPA NOW AGED ABOUT 54 YEARS RESIDING AT JANGAMAKOTE VILLAGE SIDLAGHATTA TALUK CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SMT. SUSHMITHA G, ADVOCATE) AND: 1. SRI. SRIRAMKUMAR S/O KRISHNAPPA MAJOR IN AGE R/AT NO. 154, BHAGYA SHREE NILAYA, VIDYAGIRI LAYOUT, NEAR NANDINI DIARY, NAGARBHAVI, BANGALORE - 560 072. 2. THE IFFCO TOKIO GEN. INS. CO. LTD., SRI. SHANTHI TOWERS, 5TH FLOOR, NO. 141, 3RD MAIN, EAST OF NGEF LAYOUT KASTURI NAGAR BANGALORE - 560 043, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 25.07.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2024 PASSED IN MVC NO.1274/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU SCCH-25, 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 Heard the arguments from both sides. 2. This appeal is filed against the judgment and award passed in M.V.C. No.1274/2021 dated 01.07.2024 by the MACT, Court of Small Causes at Bengaluru (SCCH- 25). 3. Injured claimant, who is aged 51 years has met with an accident on 21.12.2020 and filed a claim petition claiming compensation of 35,00,000/-. The Tribunal after considering the facts and circumstance and evidence on record, has awarded the compensation of Rs.11,29,000/- along with interest at the rate of 6% p.a., from the date of petition till the date of depositing the amount. - 3 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 4. Aggrieved by the said order, the appellant has preferred an appeal contending that the compensation under the head of 'loss of income during laid up period' is granted only for one month, though the claimant has sustained grievous injuries. Further, it is submitted that the compensation granted under the head of 'loss of amenities' also is on the lesser side. The doctor has estimated the 'future medical expenses' at Rs.90,000/-. But, the Tribunal has granted only Rs.30,000/- and it is submitted that the future prospects were not added while granting compensation under the head of 'loss of future earning capacity due to disability'. Therefore, prays for enhancement of compensation. 5. In the present case, the claimant was doing agricultural work and was earning an amount of Rs.20,000/- per month. But he has not filed any income proof. As the accident was occurred on 21.12.2020, the Tribunal has rightly taken the notional income as - 4 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 Rs.14,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 50 years as per Ex.P7-Aadhar card and the multiplier is taken as '13'. 6. The appellant/claimant has sustained the following injuries as per Ex.P5: i) Fracture of left humerus. ii) Pubic and left sacroiliac joint dislocation. iii) Fracture of sacrum. iv) Fracture of T12 & L1 vertebral. v) Mild left haemothorax. vi) Laceration over occipital region. Out of 6 injuries, 1 to 5 are grievous in nature and 6th one is simple in nature. 7. The appellant/claimant was hospitalized for 10 days. The Doctor has assessed the disability of the whole body as 26%. The Tribunal has rightly taken 26% of the disability. However, the future prospects were not added. So as the claimant was aged 50 years, 10% is to be added towards his future prospects. Therefore, the 'loss of future earning capacity due to disability' is assessed as Rs.14,500 + 10% x 12 x 13 x 26% = Rs.6,46,932/-. - 5 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 8. 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 four months. Therefore, for four months, the compensation under the head of 'loss of income during laid up period' comes to Rs.58,000/- (Rs.14,500 x 4 months). 9. Further, the compensation granted under the head of 'pain and suffering' is kept intact. The compensation granted by the Tribunal under the heads of 'loss of amenities' and 'attendant, conveyance, food and nourishment charges' is on the lower side. The same is enhanced to Rs.30,000/- and Rs.40,000/- respectively. Further, PW2-doctor stated that the claimant requires another surgery for removal of the implants and estimated the cost of surgery as Rs.90,000/- and the Tribunal has granted only Rs.30,000/- - 6 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 towards 'future medical expenses' which is on the lower side. The same is enhanced to Rs.50,000/-. 10. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 80,000.00 2. Medical Expenses 3,76,317.00 3. Loss of income during laid up period 58,000.00 4. Loss of future income 6,46,932.00 5. Loss of future amenities and happiness 30,000.00 6. Attendant, conveyance, food and nourishment charges 40,000.00 7. Future Medical Expenses 50,000.00 Total 12,81,249.00 11. The Tribunal has awarded the compensation of Rs.11,29,000/- but the appellant/claimant is entitled to total compensation of Rs.12,81,249/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,52,249/- (Rs.12,81,249 - Rs.11,29,000). - 7 - HC-KAR NC: 2026:KHC:203 MFA No. 7152 of 2024 12. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.1274/2021 dated 01.07.2024 by the MACT, Court of Small Causes at Bengaluru (SCCH- 25), is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,52,249/- along with interest @ 6% p.a. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE KA CT: BHK