- 1 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7510/2024 (MV-I) BETWEEN: SRI ROHIT CHANDRAKANT ANKAD S/O CHANDRAKANT ANKAD, AGED ABOUT 27 YEARS, R/AT NEAR ANAND CHITRA, MANDIRA, SINDAG, BIJAPURA. &APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. THE MANAGER MAGMA HDI GENERAL INS CO LTD., NO.36, JC ROAD, MINVERVA CIRCLE H M, JOURNALIST COLONY, KALASIPALYA, BENGALURU-02 (POLICY ISSUED BY ITS OFFICE IN POLICY NO. P0020300004/4107/100850 DATE OF VALIDITY FROM 15-08-2019 TO 14-08-2020) 2. MR. BALAJI .G S/O GOVINDARAJ, MAJOR, R/AT NO.11/4/2, 4TH CROSS, MARUTHI NAGAR, YELAHANKA OLD TOWN, BENGALURU-64 Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 &RESPONDENTS (BY SRI. S V HEGDE MULKHAND., ADVOCATE FOR R1, V/O DTD: 19.02.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.07.08.2024 PASSED IN MVC NO.1143/2021 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSE JUDGE AND ACJM, MEMBER, MACT, BENGALURU, (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR 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 07.08.2024 passed by the XXII Additional Senior Civil Judge and ACJM, Member - MACT, Bengaluru, in MVC NO.1143 of 2021. 2. The injured claimant, aged 24 years, met with an accident on 03.07.2020 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted Rs.2,40,878/- with interest at the rate of 6% per annum from the date of petition till realisation. - 3 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that the petitioner sustained communited fracture base of fifth toe, facture cuboid, fracture 4th toe, and underwent major surgery and he was inpatient for more than 4 days. The Tribunal ought to have granted six months loss of income for the laid up period, but it granted only for two months, and no compensation is granted towards loss of future earnings. It is contended that though as per the medical evidence, he sustained 30% disability to the right lower limb and 10% to the whole body, the Tribunal has not properly considered the same. The amounts granted and other heads are meagre and thus, requested for enhancement of the compensation. 4. Learned counsel for the respondent-insurance company contended that petitioner was working as a Service Advisor at Eitcher Motors Ltd. and earning Rs.15,000/- per month, and he continued his job even after the accident. As such, the Tribunal has rightly not granted any amount under the head loss of future earning capacity and it is to be confirmed. - 4 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 5. Heard the arguments of both sides. 6. Exhibit P8 to Exhibit P9 are the discharge summaries. The petitioner-claimant was admitted in the hospital for a period of 4 days and admitted twice. As per the evidence of P.W.2-doctor, the claimant sustained the disability of right lower limb at 30% and to that of the whole body at 10%. Learned counsel for the respondent-insurance company contended that the doctor was not a treated doctor. There is no amputation of little toe. The Tribunal observed that P.W.2 is not a treated doctor and there is no amputation of the little toe and he can discharge his duties without any difficulty even with the injuries sustained by him. As such, no amount was granted under the head of future earning capacity. No doubt, the petitioner was working as a private employee in a company and he was continuing the same even after the accident, he sustained crush injuries to the two little toes and the disability was assessed by the doctor as 10%. Therefore, this Court finds it reasonable to take the disability as 10%. - 5 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 7. Though petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2020, his notional income is to be taken as Rs.14,500/- per month as per the chart prepared by Karnataka State Legal Services Authority and he was aged 24 years and the multiplier is 18. Thus, the loss of future earning capacity comes to Rs.3,13,200/- (14,500x12x18x10%). Petitioner is entitled for Rs.30,000/- under the head transportation, extra nourishment and attendant charges. The Tribunal granted Rs.91,878/- towards medical expenses and it is confirmed. The amounts granted under the other heads are also reasonable and they are confirmed. Thus, in all, the claimant is entitled for the compensation of Rs.5,69,078/- with interest at 6% per annum as against Rs.2,40,878/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,13,200/- 2. Medical expenses 91,878/- - 6 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 3. Pain and Suffering 55,000/- 4. Discomfort and amenities 50,000/- 5. Conveyance, nourishing food and attendant charges 30,000/- 6. Loss of earning during the laid up period 29,000/- Total 5,69,078/- 9. 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.5,69,078/- 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 awarded amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.3,28,200/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. - 7 - HC-KAR NC: 2026:KHC:1967 MFA No. 7510 of 2024 (v) I.A. No.1/2025 for return of TCR is allowed. Registry is directed to send back the TCR to the concerned Tribunal forthwith. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 97