- 1 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 394 OF 2025 (MV-I) BETWEEN: DHANANJAYA RAJA URS, S/O DEVARAJA URS, AGED ABOUT 39 YEARS, R/AT NO.224/1721, K.G.ROAD, GANJUM, SRIRANGAPATNA TOWN AND TALUK, MANDYA DISTRICT - 571 438. …APPELLANT (BY SRI. SREENIVASAN M Y, ADVOCATE) AND: 1. GOWRISHA, S/O LATE BORAIAH, MAJOR, R/AT GADI FACTORY BEEDI, GANJUM, SRIRANGAPATNA TOWN AND TALUK, MANDYA DIST - 571 438. 2. THE MANAGER, CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD., UNIT NO.4, 9TH FLOOR, LEVEL 6, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, RAJAJINAGARA, BANGALORE - 560 010. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 (BY SRI.MALLIKARJUNAREDDY N. A., ADVOCATE FOR SRI.B. PRADEEP, ADVOCATE FOR R2; V/O/D 10.03.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.08.2024 PASSED IN MVC NO.943/2021 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 31.08.2024 passed in MVC Nos.942/2021 and 943/2021. However, MFA No.394/2025 is filed against the award passed in MVC No.943/2021 on the file of the Principal Senior Civil Judge and MACT, Srirangapatna, seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 25.07.2021 and filed petition before the Tribunal for compensation of Rs.11,10,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,52,500/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured sustained grievous injuries. But the Tribunal has granted only meagre amounts under the heads pain and suffering and loss of amenities. The petitioner/injured sustained 23% disability to the whole body as per CW-1, but the Tribunal has considered only 8% disability. The petitioner was hospitalized as an inpatient for seven days. The compensation awarded towards loss of income during the laid-up period is also on the lower side. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 4. Though it is stated that the petitioner/injured was an agriculturist earning Rs.15,000/- 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 the Karnataka State Legal Services Authority. The petitioner/injured was aged 32 years and the applicable multiplier is ‘16’. Considering the medical evidence, disability has been rightly taken at 8% and loss of future earning capacity has been calculated at Rs.2,46,720/- and it needs no interference. The petitioner was hospitalized for a period of 4 days and sustained a fracture of base of proximal phalanx of right grade toy. Exploration + debriclement + suturing of partial tear of second toy extensor tendon + skin suturing of multiple laceration was done. Considering the nature of the injuries, period of hospitalization, his occupation, and other relevant factors, this Court finds it reasonable to grant a sum of Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner/injured might not have attended to any other work at least for a period of three months. Therefore, a - 5 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 sum of Rs.45,000/- (Rs.15,000 x 3) is awarded towards loss of income during the laid-up period. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,96,720/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards loss of amenities 25,000/- 3. Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of income during laid up period 45,000/- 5. Towards loss of future earning capacity 2,46,720/- Total 3,96,720/- - 6 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 31.08.2024 passed in MVC No.943/2021 on the file of the Principal Senior Civil Judge and MACT, Srirangapatna, is modified. iii. The claimant is entitled to a sum of Rs.3,96,720/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,52,500/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.44,220/- along with the interest at the rate of 6% within one month from the date of this order. - 7 - HC-KAR NC: 2026:KHC:14163 MFA No. 394 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 7