- 1 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 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. 9385 OF 2025 (MV-I) BETWEEN: 1. SMT. SARASWATHAMMA, W/O RANGASWAMAIAH, AGED ABOUT 54 YEARS, R/AT KAIDALA, GULUR, TUMKUR-572118 …APPELLANT (BY SRI. K.V. NAIK, ADVOCATE) AND: 1. SRI KUMAR SINGH M R S/O MANJUNATH SINGH MAJOR R/A NO.5, 6TH CROSS MEC LAYOUT DUGGALAMMA BADAVANE LAGGERE PEENYA BENGALURU - 560 058 2. THE REGIONAL MANAGER IFFCO TOKIO GENERAL INSURANCE CO., LTD., NO.8, III MAIN, SHANTHI TOWERS V FLOOR, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU-560043. …RESPONDENTS (BY SRI.B.C. SHIVANNE GOWDA, ADVOCATE FOR R2 VIDE ORDER DATED 07.01.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 09.12.2024 PASSED IN MVC NO.2790/2023 ON THE FILE OF I ADDITIONAL SMALL CAUSES JUDGE AND ACJM AND MEMBER - MACT, BENGALURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 09.12.2024 passed in MVC No.2790/2023, by I Additional Small Causes Judge and ACJM 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.2. The ranks of the parties are retained as per tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 3. The petitioner/injured claimant had filed petition before the tribunal for compensation of Rs.15,00,000/-. The trial Court considering the entire evidence on record granted an amount of Rs.3,41,332/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the appellant was the agriculturist aged 52 years and earning Rs.30,000/-per month and due to the accidental injuries suffered 30% disability to left arm and 10% to the whole body and lost his future earning capacity. 5. To prove his case, the appellant before the tribunal examined PW1 to PW3 and marked Exs.P1 to P19. As per Ex.P5-wound certificate, appellant sustained grievous injuries and doctor PW3 assessed the disability of the left arm as 30% and 10% to the whole body, but the functional disability was considered by Tribunal as 5% and monthly earnings are considered as Rs.16,000/- per - 4 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 month, which is on their side. Therefore, requested for enhancement of the compensation. 6. Though it is stated that petitioner was doing agriculture and earning Rs.30,000/- per month, he has not filed any proof of income. Since, the accident has occurred in the year 2023, his notional income is to be taken as Rs.16,000/- per month as per guidelines of the Karnataka State Legal Services Authority. The age of the petitioner at the time of the accident was 50 years. Hence, the appropriate multiplier is '13'. Petitioner examined doctor as PW3 and he stated that petitioner sustained the following injuries: D12 Wedge compression fracture, left clavicle fracture of the left 4th and 5th rib with lung contusion and he assessed the disability of the left arm to the extent of 30% and the whole body as 10%. He verified Ex.18 and Ex.P19 and he further stated that fractures are united and petitioner was stable at the time of the discharge. Considering the said fact, Tribunal has taken disability as 5%. This court finds it reasonable to take - 5 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 disability 1/3rd of 30% i.e., 10% based on the medical evidence. 7. Therefore, Rs.16,000 x 12 x 13 x 10 % = Rs.2,49,600/- is granted towards loss of future earning capacity. The Tribunal granted an amount of Rs.1,04,532/- towards medical expenses, the same is confirmed. The petitioner was hospitalized for 4 days. Considering the nature of injuries, period of hospitalization, Tribunal granted a sum of Rs.60,000/- towards pain and suffering that is confirmed and he is entitled for Rs.25,000/- towards loss of amenities and a sum of Rs.30,000/- towards transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work for a period of 3 months, therefore, an amount of Rs.16000x3=Rs.48,000/- is awarded towards loss of income during laid up period. - 6 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 8. Thus in all, compensation awarded by this court are as below, Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.1,85,800/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 09.12.2024 passed in MVC No.2790/2023, Particulars Amount in Rs. Pain and suffering 60,000.00 Medical Expenses 1,04,532.00 Food and nourishment 30,000.00 Conveyance 10,000.00 Loss of income during laid up period 48,000.00 Loss of future earning 2,49,600.00 Loss of amenities 25,000.00 Total 5,27,132.00 - 7 - HC-KAR NC: 2026:KHC:14564 MFA No. 9385 of 2025 by I Additional Small Causes Judge and ACJM and Member MACT, Bengaluru, is upheld; iii. The claimant is entitled to a sum of Rs.5,27,132/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,41,332/- granted by the tribunal. iv. Appellant is directed to deposit the enhanced compensation of Rs.1,85,800/- with interest at 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. Sd/- (P SREE SUDHA) JUDGE SS List No.: 1 Sl No.: 57