- 1 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5012 OF 2024 (MV-I) BETWEEN: KENCHAIAH S/O LATE KENCHAIAH @ SANGANAIAH AGED ABOUT 49 YEARS R/AT BOMMADIHALLI VILLAGE BIKKODU HOBLI, TAGARE POST BELUR TALUK HASSAN DISTRICT. …APPELLANT (BY SRI SHRIPAD V SHASTRI, ADVOCATE) AND: 1. NAVEEN KUMAR S/O RANGASWAMY AGED ABOUT 26 YEARS PADUVALALU VILLAGE BIKKODU HOBLI, BELUR TALUK HASSAN DISTRICT 2. SANTHOSH R S/O RAJASHANKARA T B MAJOR NO.3834, 80 FEET ROAD NAGADEVANAHALLI BENGALURU 3. MANAGER, IFCO TOKIO GENERAL Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 INSURANCE CO. LTD. KSCMF BUILDING, 3RD STAGE 3RD BLOCK, NO.8, KANNIGHAM ROAD BENGALURU – 52 …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2024 PASSED IN MVC NO.551/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, BELUR, HASSAN AND ETC. 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 Vehicle Act, 1988, challenging the judgment and award dated 04.03.2024 passed in M.V.C.No.551/2020 by the Senior Civil Judge and MACT, Belur, Hassan for enhancement of the compensation. - 3 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 2. Heard the arguments of the learned counsel for the appellant and the learned counsel for respondent No.3- Insuirance Company. 3. The injured/claimant met with an accident on 19.03.2020 and filed claim petition before the Tribunal claiming compensation of Rs.30,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.1,62,025/- with interest at the rate of 6% p.a., from the date of petition till its realization from respondent No.3. Aggrieved by the said order, this appeal is filed. 4. The learned counsel for the appellant mainly contended that the Tribunal granted meager amounts on the conventional heads. He further submits that the appellant was an inpatient for 10 days. The appellant is a coolie and after deduction of his personal expenses, he was saving Rs.1,00,000/- per annum. The counsel contended that the Tribunal has not granted compensation on the head of “loss of amenities”. Thus, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 5. Heard the arguments of both sides. Though it is stated that appellant is working and earning, but he has not filed any income proof. It is not in dispute that the appellant met with an accident in the year 2020. Thus, this Court finds it reasonable to take his notional income as Rs.14,500/- per month as per the guidelines issued by the Karnataka State Legal Services Authority. As the appellant was aged 45 years, the multiplier is 14. The appellant has sustained the following injuries: 1. Tenderness of upper limb. 2. Tenderness of right thigh. 3. Deformity of right lower limb. 4. Abrasion of 2 x 1 cm over right knee. 6. As per the evidence of CW1, the whole body disability of the appellant is 26%. Considering 1/3rd of 26%, that comes to 8.66% and the same is taken as 9% disability for the purpose of calculation of ‘loss of future income due to disability’ which comes to Rs.2,19,240/- (14,500 x 12 x 14 x 9%). - 5 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 7. The Tribunal granted Rs.25/- towards ‘medical expenses’ and it is confirmed. 8. As per the evidence of CW1- Orthopedic surgeon, the injuries are grievous in nature and he conducted surgery by open reduction and internal fixation with proximal femoral nailing done and as per X-ray, the alignment and fixation was found to be satisfactory and also opined that the appellant requires another surgery for removal of the implants. There is difficulty in sitting and squatting. Thus, estimated the functional disability of 26% to the whole body and the appellant was hospitalized for a period of 10 days. Considering the nature of injuries, hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards ‘Pain and Sufferings’, Rs.25,000/- towards ‘loss of Amenities’ and Rs.30,000/- for ‘transportation, extra nourishment, attendant charges, food, etc’. The appellant might not have attended to any work for at least a period of 3 months due to the injuries sustained, this Court finds it reasonable to award Rs.43,500/- (14,500x3) towards ‘loss of income during laid up period’. - 6 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 9. Thus, in all, components awarded by this Court are as under: Particulars Compensation granted by Tribunal Compensation enhanced by the High Court 1 Pain and suffering 30,000.00 50,000.00 2 Medical expenses 25.00 25.00 3 Conveyance, attendant, diet food and miscellaneous expenses 10,000.00 30,000.00 4 Loss of income during laid up period 10,000.00 43,500.00 5 Loss of future income due to disability 1,12,000.00 2,19,240.00 6 Loss of amenities Nil 25,000.00 Total 1,62,025.00 3,67,765.00 Hence, the appellant is entitled for a total compensation of Rs.3,67,765/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount by the Tribunal. 10. In the result, the following order is passed: - 7 - HC-KAR NC: 2026:KHC:13637 MFA No. 5012 of 2024 ORDER I. The appeal is allowed in part. II. The judgment and award dated 04.03.2024 passed in MVC No.551/2020 by the Senior Civil Judge and MACT, Belur, Hassan is modified. III. The appellant is entitled to a sum of Rs.3,67,765/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.1,62,025/- granted by the Tribunal. IV. Respondent No.3 is directed to deposit enhanced compensation of Rs.2,05,740/- with interest within one month from the date of this order and on such deposit, the appellant- claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SN