- 1 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5815 OF 2024 (MV-I) BETWEEN: SRI MUDDAPPA S/O HANUMAPPA AGED ABOUT 60 YEARS R/T GUBBALAPALLI VILLAGE MITTERMARI POST BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT …APPELLANT (BY SMT. SUSHMITHA G., ADVOCATE) AND: 1. SRI MANJUNATHA G S/O GOPALASWAMY MAJOR IN AGE R/AT KANAGAMAKALAPALLI VILLAGE MITTERMARI POST BAGEPALLI TALUK CHIKKABALALPURA DISTRICT-561 207. 2. UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE AT NO.18 KRISHI BHAVAN, 5TH FLOOR OPP. HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU-560 001 REP. BY ITS MANAGER …RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO., ADVOCATE FOR R2, V/O DATED 27.09.2024 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.11.2023 PASSED IN MVC NO.5835/2022 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, 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 08.11.2023 passed in MVC No.5835/2022 on the file of the IX Additional Small Causes Judge, Court Of Small Causes, Member, MACT-7, 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:15374 MFA No. 5815 of 2024 3. The injured claimant met with an accident on 08.09.2022 and filed claim petition claiming compensation of Rs.15,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,50,532/- along with interest at the rate of 6% p.a. from date of petition till realisation. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that petitioners sustained grievous injuries and he also examined PW2 and he assessed the disability of the right upper limb by 68% and that of the whole body is 23%. But the tribunal erred in taking the same as 12% and the amount granted under the other heads are meager and thus requested for enhancement of the compensation. 5. Learned counsel for respondent contended that petitioner himself in the cross examination admitted that he is aged 66 years but the tribunal erred in taking his age as 58 years and it is to be modified and he further stated that the doctor is not a treated doctor and he assessed the - 4 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 disability excessively as 68%. Therefore, the tribunal has rightly considered it as 12% and it needs no interference. The amount granted by the tribunal under other heads are just and reasonable and requires to be confirmed. 6. Though it is stated that petitioner was doing agricultural work and earning Rs.25,000/- 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/-. Regarding the age of petitioner, no age proof is filed. But the tribunal simply observed that as on the date of accident, he was aged 58 years. But in the cross examination, he himself admitted that he was aged 66 years. Therefore, considering his admission this Court finds it reasonable to take his age as 66 years and the multiplier taken is ‘5’. The Petitioner examined the doctor as PW2. He is an orthopedic surgeon and he stated that the injured sustained comminuted fracture of the right proximal humerus, fracture of the right 3rd & 4th metacarpal with radial styloid process fracture. Further, - 5 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 the petitioner was treated with ORIF with ‘K’ wire for the proximal humerus and the other fractures were treated conservatively and further complains of inability to lift the right shoulder above, unable to lift weights and carry his day-to-day work normally. On further examination, the petitioner has severe wasting of the right shoulder muscles, contracture of the right shoulder, stiffness in the right hand and the recent X-ray of the right shoulder shows mal-united united proximal humerus fracture and X-ray of the right hand shows mal-united 3rd & 4th metacarpal. Hence, the doctor assessed the total disability of the right arm as 68% and that of the whole body disability as 23%. He further stated that he requires shoulder arthoplasty and the estimated cost of the same as Rs.2,00,000/-. PW2 also issued disability certificate under Ex.P7. Therefore, this court finds it reasonable to take disability as 1/3rd of 68%. i.e., 22.6% i.e, 23%. Hence, loss of future earning capacity comes to Rs.15,500 x 12 x 5 x 23% = Rs.2,13,900/-. The tribunal granted - 6 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 Rs.50,000/- towards medical expenses and it is confirmed and he was hospitalized for a period of 25 days. Therefore, considering the nature of injuries, age, occupation and period of hospitalization, this court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering, Rs.30,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 4 months. Therefore, Rs.15,500 x 4 = Rs.62,000/- is granted under the head loss of income during laid up period. The doctor assessed the future medical expenses as Rs.2,00,000/-. This Court finds it reasonable to grant an amount of Rs.1,00,000/- towards future medical expenses. 7. Thus in all, components awarded by this court are as below, - 7 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 Hence, the compensation granted by tribunal is enhanced from Rs.3,50,532/- to Rs.5,60,900/- 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 08.11.2023 passed in MVC No.5835/2022 Sl.Nos. Particulars Amount in Rs. 1 Towards loss of future earning capacity 2,13,900 2 Medical expenses 50,000 3 Pain and suffering 75,000 4 Loss of amenities 30,000 5 Transportation, extra nourishment and attendant charges 30,000 6 Loss of income during laid up period 62,000 7 Future medical expenses 1,00,000 Total 5,60,900 - 8 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 on the file of the IX Additional Small Causes Judge, Court Of Small Causes, Member, MACT-7, Bengaluru, is modified. iii. The claimants are entitled to a sum of Rs.5,60,900/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,50,532/- granted by the tribunal. 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.2,10,368/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:15374 MFA No. 5815 of 2024 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.: 72