- 1 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6812 OF 2016 (MV-I) BETWEEN: 1. SRI. CHUNCHAIAH S/O SRI. BORAIAH @ BILIYAIAH AGED ABOUT 46 YEARS, R/AT C/O VARADARAJU, NO.159, 2ND FLOOR, 4TH MAIN, SAMPIGE LAYOUT, PATTEGARAPALYA, BENGALURU 560 079, (PRESENT ADDRESS), R/AT M.A. COLONY, YADWANI POST, AMRUTHOOR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT, (PERMANENT ADDRESS). …APPELLANT (BY SRI. T N VISWANATHA.,ADVOCATE) AND: 1. M/S THE NATIONAL INSURANCE CO. LTD., T.P. CLAIMS HUB, NO.144/145, II FLOOR, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU-560 001. 2. MR. LINGESH H.S S/O SIDDAIAH G., MAJOR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 R/AT NO.63-C, NAGADEVANAHALLI, JNANA BHARATHI POST, BENGALURU 560 056. …RESPONDENTS (BY SRI. A N KRISHNA SWAMY FOR R1.,ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED25.6.2016 PASSED IN MVC NO.4278/2015 ON THE FILE OF THE 21ST ACMM, 23RD ADDITIONAL SMALL CAUSES JUDGE, MACT, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant challenging the judgment and award dated 25.06.2016 passed in MVC No.4278/2015, by the XXI ACMM & XXIII Additional Small Causes Judge, MACT, Court of Small Causes, Bengaluru (hereinafter referred to as 'the Tribunal' for short) seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 3. The injured claimant met with an accident on 12.08.2015 and filed a claim petition claiming compensation of Rs.6,00,000/-. The Tribunal after considering the entire evidence on record granted an amount of Rs.1,76,570/- with interest at the rate of 6% per annum from the date of petition till realization. 4. Aggrieved by the said order, the appellant/claimant preferred this appeal and mainly contended that he sustained the following injuries which are grievous in nature. a) Crush injury on right foot; b) Fracture medial mallalous right and other injuries. 5. He also contended that the doctor assessed the disability at 26.5% to the right lower limb and 13.25% to the whole body. But the tribunal erred in taking the whole body disability as 9%, and the amounts granted under the other heads are meager and also interest to be granted at - 4 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 higher rate and thus requested for enhancement of the compensation. 6. Learned counsel for the respondents contended that the tribunal rightly considered all the aspects and granted reasonable compensation and it needs no interference. 7. It is stated that the petitioner/appellant was aged 45 years, working as a mason and earning Rs.18,000 per month, but he has not filed any income proof. As he met with the accident in the year 2015, his notional income is to be taken as Rs.9,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 45 years, and the multiplier applicable is '14'. As per Ex.P4 wound certificate, Ex.P.13- case sheet the petitioner sustained crush injury of right foot with fracture of medial malleolus right ankle and treated conservatively. - 5 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 8. Petitioner/appellant also examined the doctor as PW2, and he assessed the disability to the right lower limb as 26.50% and the whole body disability as 13.25%. The tribunal has rightly considered the 1/3rd of the whole body disability as 9%. This Court finds no reason to interfere with the disability assessed by the tribunal. The loss of future earning capacity comes to Rs.9,000/- X 12 X 14 x 9% = Rs.1,36,080/-. 9. The tribunal granted Rs.11,146/- towards medical expenses, and the said amount is confirmed. He was hospitalized for a period of 2 days. Considering the nature of injuries and the period of hospitalisation and other relevant factors, this Court finds it reasonable to grant Rs.25,000/- for loss of amenities. Rs.50,000/- for pain and suffering. Rs.30,000/- for transportation, extra nourishment and attending charges and the petitioner might not have attended any other work atleast for a - 6 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 period of 4 months. Therefore, Rs.36,000/- is granted under the loss of income during the laid-up period. 10. The total compensation comes to Rs.1,36,080/- +Rs.11,146/- + Rs.25,000/-+ Rs.50,000/- + Rs.30,000/- + Rs.36,000/- = Rs.2,88,226/-. 11. Thus, in all, the claimants are entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Loss of future earning capacity 1,36,080.00 2. Medical expenses 11,146.00 3. Loss of amenities 25,000.00 4. Pain and sufferings 50,000.00 Transportation, extra nourishment and attending charges 30,000.00 5. Loss of income during laid up period 36,000.00 TOTAL 2,*88,226.00 *Corrected vide Court order dated 15.04.2026. - 7 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 12. The Tribunal has awarded the compensation of Rs.1,76,570/- but the appellant/claimant is entitled to total compensation of Rs.2,*88,226/-. Compensation is enhanced from Rs.1,76,570/- to Rs.2,*88,226/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal dated 25.06.2016 in MVC No.4278/2015 is hereby modified holding that the claimant is entitled to total compensation of Rs.2,*88,226/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount of Rs.1,76,570/- before the tribunal. Therefore, the Insurance Company/Respondent No.1 is directed to deposit the enhanced compensation of Rs.1,11,656/- with interest at the rate of 6% p.a. within 1 month from the date of this order. *Corrected vide Court order dated 15.04.2026. - 8 - HC-KAR NC: 2026:KHC:10722 MFA No. 6812 of 2016 iv. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 86