- 1 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 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. 5627 OF 2025 (MV-I) BETWEEN: 1. SRI ISHWAR V SHET S/O LATE VIGNESHWARA S. SHET NOW AGED ABOUT 72 YEARS RESIDING AT NO.2191 PAMPA ROAD PRASHANTH ROAD T DASARAHALLI BENGALURU - 560 056 …APPELLANT (BY SRI. GIRI MALLAIAH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LIMITED REGIONAL OFFICE T P HUB KRISHI BHAVAN 6TH FLOOR HUDSON CIRCLE NRUPATUNGA ROAD BENGALURU -560 001 BY ITS MANAGER 2. M/S SUBHAM FREIGHT CARRIERS INDIA LTD NO.5/10 MAKALI VILLAGE OPP HIMALAYA DRUGS TUMKUR ROAD DASANAPURA - 562 123 BENGALURU RURAL DISTRICT BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. K.S. LAKSHMI NARASAPPA, ADVOCATE FOR SRI. A.M.VENKATESH, ADVOCATE FOR R1 V/O. DATED 30.07.2025, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.04.2025 PASSED IN MVC NO.629/2023 ON THE FILE OF THE XXI ADDITIONAL ACJ AND ACJM, MEMBER, MACT, BENGALURU SCCH-23, 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 03.04.2025 passed in MVC No.629/2023, by XXI Additional ACJ and ACJM, Member, MACT, Bengaluru SCCH-23, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.1. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the tribunal for compensation of Rs.20,00,000/-. The trial Court considering the entire evidence on record - 3 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 granted an amount of Rs.4,24,000/- 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 working as Electrical Engineer aged 70 years and earning Rs.50,000/- per month and due to the accidental injuries suffered 30% disability to right arm and 10% physical disability to 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 20. As per Ex.P7-Disability certificate, appellant sustained (i) Head injury - small hemorrhage contusion in right medial lobe (ii) fracture 2nd to 7th ribs with hemophenumothrax - thorax right (iii) fracture right clavicle (iv) fracture right and lower end of radius. He was admitted in the hospital for 11 days. The doctor assessed the disability as 30% to the right arm and 10% to the whole bone body, but the - 4 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 Tribunal has not considered the same and has not granted any amount under the head loss of future earning capacity. The amount granted under the other heads is meager, therefore, requested for enhancement. 6. Though petitioner stated that he was an Electrical Engineer and was getting pension, he has not filed any income proof. The accident has taken place in the year 2022, his notional income is to be taken as Rs.15,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 70 years at the time of the accident, therefore the multiplier of '5' is to be taken. He sustained following injuries: (i) Head injury - small hemorrhage contusion in right medial lobe (ii) fracture 2nd to 7th ribs with hemophenumothrax - thorax right (iii) fracture right clavicle (iv) fracture right and lower end of radius. Ex.P8 is the discharge summary, which shows that he was hospitalized for 11 days. He also examined Doctor as PW3 who stated that the petitioner stated total physical - 5 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 disability to an extent of 30% to the right arm and 10% to the whole body, but the Tribunal has not considered the disability and has not granted any amount under the head loss of future earning capacity on the ground that the petitioner has not undergone any surgery and there is no restriction of movements. The said reasoning of the Tribunal is not on proper appreciation of the facts. Considering the medical evidence on record, this Court finds that it is just unreasonable to take disability 1/3rd of 30% i.e., 10%. 7. Therefore, Rs.15,500 x 12 x 5 x 10 % = Rs.93,000/- is granted towards loss of income. The Tribunal has granted an amount of Rs.2,51,000/- towards medical expenses and the said amount is confirmed. Considering the age of the petitioner, nature of injuries, period of hospitalization, this Court finds it proper to grant an amount of Rs.30,000/- towards transportation, extra nourishment and attendant charges. The amount of Rs.50,000/- towards pain and suffering - 6 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 and Rs.60,000/- towards loss of amenities awarded by the Tribunal is confirmed. The petitioner might not have attended any other work atleast for a period of 4 months but in the calculation, amount was granted only for 3 months. Therefore, this Court finds it proper to grant an amount of Rs.15,500x4=Rs.62,000/- towards income during laid up period. 8. Thus in all, compensation awarded by this court are as below, Particulars Amount in Rs. Loss of future income 93,000.00 Food and nourishment 30,000.00 Pain and suffering 50,000.00 Loss of income during laid up period 62,000.00 Medical expenses 2,51,000.00 Loss of amenities 60,000.00 Total 5,46,360.00 - 7 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.1,22,000/- 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 03.04.2025 passed in MVC No.629/2023, by XXI Additional ACJ and ACJM, Member, MACT, Bengaluru SCCH-23, is upheld; iii. The claimant is entitled to a sum of Rs.5,46,360/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.4,24,000/- granted by the tribunal. iv. Appellant is directed to deposit the enhanced compensation of Rs.1,22,000/- - 8 - HC-KAR NC: 2026:KHC:14565 MFA No. 5627 of 2025 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.: 81