- 1 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 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. 8083/2025 (MV-I) BETWEEN: NIRANJAN C M S/O. LATE MAHESH, AGED ABOUT 24 YEARS, R/AT CHIKKAMARALI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434 …APPELLANT (BY SRI. VIJAY KUMAR T., ADVOCATE) AND: 1. NATARAJU K S/O. KRISHNEGOWDA, AGED ABOUT 57 YEARS, KANAGANAMARADI VILLAGE, KASABA HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT-571 434. 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE CO. LTD. NO.846, NEW KANTHARAJA URS ROAD, AKSHAYA BHANDARA, KUVEMPUNAGARA, MYSURU CITY, MYSURU-570 001. …RESPONDENTS (BY SRI. B. PRADEEP., ADVOCATE FOR R2, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 V/O DTD:07.11.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.11.2024 PASSED IN MVC NO. 614/2021N ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, 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 12.11.2024 passed in MVC No. 614/2021 on the file of the Additional Senior Civil Judge and Mact, Pandavapura, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured/claimant met with an accident on 22.05.2021 and filed claim petition claiming compensation - 3 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 of Rs.17,00,000/-. Tribunal considering the entire evidence on record granted an amount of Rs.5,71,723/- with interest and the rate of 6% p.a., from the date of petition till realisation. Aggrieved by the said award this appeal is preferred in which it is mainly contended that petitioner examined doctor and he assessed the disability as 40%, to the right lower limb, but the tribunal has taken only 12%. He was working as a harvesting mason and also doing dairy farming and earning Rs. 25,000/- per month. But the tribunal has taken his income as Rs.11,473/- and the amount granted under other heads is meager and thus requested for enhancement of the compensation. 4. Though petitioner stated that he was earning Rs.25,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He is aged 20 years and the multiplier taken is - 4 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 18. Petitioner sustained following injuries as per Ex.P2 wound certificate: (1) Lacerated wound on the right leg middle 1/3 both bone fracture, and (2) Abrasion over the right forearm measuring 3 x 4 cm red in colour. Injury No.1 is grievous and the injury No.2 is simple in nature. 5. Petitioner also examined PW2 and he stated that claimant suffered lacerated wounds on the right leg and when X-ray was done, it was found that Right leg middle 1/3 Both bone # fractured and hence, surgery was done on 23.05.2021 by CRIF with Tibia nailing and discharged him on 29.05.2021. P.W.2 found that there is a decrease in movement of right knee by 40% and the muscles are weak by Grade-2 and movement of right ankle is decreased by 40% and muscles are weak by Grade-2 and that, the claimant has to spend approximately Rs.40,000/- to 45,000/- for removal of implants and that, the claimant is suffering from disability to an extent of 36%. - 5 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 6. As petitioner met with an accident in the year 2021, his notional income was taken as Rs.15,000/- per month and he is aged 20 years and the multiplier is 18. The Tribunal Considered one third of 36% as 12% disability, and this Court finds no reason to interfere with the disability assessed by the doctor. Therefore the loss of future earning capacity comes to Rs.3,88,800/- (15,000x12x18x12%). Tribunal granted Rs.99,871/- towards medical expenses as per the bills filed before the Tribunal and it is confirmed. 7. Considering the nature of injuries, period of hospitalisation, his occupation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities, and Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work at least for a period of 3 months, therefore Rs.45,000/- is granted under the head loss of income during laid up period. The Tribunal also - 6 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 granted Rs.45,000/- towards future medical expenses and it is confirmed. Thus, the total compensation comes to Rs.6,88,671/-. 8. In all, the claimant is entitled for the compensation of Rs.6,88,671/- with interest at 6% per annum as against Rs.5,71,723/- awarded by the Tribunal. 9. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,88,800/- 2. Medical expenses 99,871/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 30,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 45,000/- 7. Future medical expenses 45,000/- Total 6,88,671/- - 7 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 10. 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.6,88,671/- 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.1,16,948/- 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. - 8 - HC-KAR NC: 2026:KHC:6910 MFA No. 8083 of 2025 (v) In view of the order dated 07.11.2025 passed on I.A.No.1/2025, the claimant is not entitled for interest for the delayed period of 221 days in filing the appeal. (vi) Learned counsel for respondent No.2 is permitted to file vakalath within two weeks. Sd/- (P SREE SUDHA) JUDGE AKV/CS CT:NR List No.: 1 Sl No.: 97