- 1 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5046 OF 2024 (MV-I) BETWEEN: SRI PRASHANTH S S/O SIDDARAJU, AGED ABOUT 25 YEARS, R/AT DODDALAHALLI 5th BLOCK, UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGAR DISTRICT-562117. …APPELLANT (BY SRI. SHRIPAD V SHASTRI., ADVOCATE) AND: 1. M/S SHREE J RAMAIAH ROLLER FLOUR MILLS PVT. LTD., REP. BY ITS MANAGER, NO. 162/2, ATTIBELE INDUSTRIAL AREA, HOSUR ROAD, ANEKAL TALUK BANGALORE-562 107. 2. THE NATIONAL INSURANCE CO. LTD., NO. 144, SHUBHARAM COMPLEX, 2nd FLOOR, M G ROAD, BENGALURU-560 001, BY ITS MANAGER. …RESPONDENTS (BY SRI. C. SHANKAR REDDY., ADVOCATE FOR R2, V/O DATED 13.08.2025 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.01.2024 PASSED IN MVC Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 NO.3034/2022 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, 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 27.01.2024 passed in MVC No.3034/2022 on the file of the VII Additional SCJ and ACMM, MEMBER, MACT-3, 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. Injured claimant met with an accident on 21.02.2022 and filed claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire - 3 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 evidence on record, granted an amount of Rs.3,73,455/- along with interest at the rate of 6% p.a., from the date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the petitioner sustained fracture injuries which are grievous in nature and he was hospitalised for a period of 25 days as an inpatient and he was unable to work for 6 months, but the Tribunal has taken the disability as 10% which is on lower side and the amounts granted under other heads are also meager, therefore requested for enhancement of the compensation. 5. Though petitioner stated that, he was working as a helper in Suvarna Manpower outsources and earning Rs.18,000/- per month he has not filed any income proof, as he met with an accident in the year 2022 his notional income is to be taken as Rs.15,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 24 years and the relevant multiplier is ‘18’. Ex.P6 is the wound certificate and Ex.P8 - 4 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 is the discharge summary. He also examined the doctor as PW3, an Orthopedic Surgeon. It is stated that the petitioner sustained light midshaft fracture, right proximal one third tibia fibula fracture and right hand base of middle phalanx fracture of little finger with web space injury, doctor examined and it was found that there was complications like standing on both legs – on affected leg left, walking on plain surface, on slope, climbing stairs, taking turns, squat on floors, kneel and sit cross-leg. 10% has to be given for complications like (i) Infection (ii) Deformity (iii) Loss of sensation, if they are present. Surgery scar of about 5 cms long is present in right knee region ventrally below knee cap. The radiological (X-ray) examination revealed open right midshaft tibia fracture and right proximal one third tibia fracture shows union at both levels with implants in situ, fracture proximal one third of right fibula shows malunion and fracture middle phalange of little finger of right hand shows union. - 5 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 6. Further, the doctor stated that there is 37.71% of the disability of the right lower limb and 18.85% of the whole body and advised surgery for removal of the implants from the tibia of the right leg. He is not a treated doctor. He has not issued disability certificate. He further stated, tibia fracture is united at both levels with implants in situ. Fibula fracture is mal-united and no surgery is required for fibula fracture and no complications on the fracture side. No shortening of bone loss and infection. Therefore, this court finds it reasonable to take one 1/3rd of 37.71% i.e., 13% disability. The loss of future earning capacity comes to Rs.15,500 x 12 x 18 x 13% = Rs.4,35,240/-. Considering the nature of injuries, period of hospitalization and other relevant factors and also the fact that there was malunion, this court finds it reasonable to grant an amount of Rs.60,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any - 6 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 other work at least for a period of 4 months. Therefore, Rs.15,500 for 4 months = Rs.62,000/- is granted under the head loss of income during up period. Tribunal granted Rs.4,938/- towards medical expenses as per Ex. P11 and it is confirmed. 7. Thus in all, components awarded by this court are as below, Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 4,35,240 2 Pain and suffering 60,000 3 Loss of amenities 30,000 4 Transportation, extra nourishment and attendant charges. 40,000 5 Loss of income during laid down period 62,000 6 Medical bills 4,938 Total 6,32,178 - 7 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.3,73,455/- to Rs.6,32,178/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 27.01.2024 passed in MVC No.3034/2022 on the file of the VII Additional SCJ and ACMM, MEMBER, MACT-3, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.6,32,178/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,73,455/- granted by the tribunal. - 8 - HC-KAR NC: 2026:KHC:20552 MFA No. 5046 of 2024 iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.2,58,723/- along with the interest at the rate of 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 AKV CT:NR List No.: 1 Sl No.: 76