- 1 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 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. 269 OF 2025 (MV-I) BETWEEN: 1. SRI PUTTALINGAIAH S/O LATE NINGEGOWDA AGED ABOUT 51 YEARS R/AT GOVINDAHALLI VILLAGE MALURU HOBLI CHANNAPATNA TALUK - 562 160 RAMANAGARA DISTRICT …APPELLANT (BY SRI. RITHISH D. NAIK, ADVOCATE FOR SRI. VIVEKANANDA T.P., ADVOCATE) AND: 1. SRI SHIVANNA S/O POOJARI LINGEGOWDA R/AT NO.59, MEGALADODDI VILLAGE CHAKKERE POST, MALURU HOBLI CHANNAPATNA TALUK - 562 160 RAMANAGARA DITRICT 2. THE NEW INDIA ASSURANCE CO R/AT NO 2241/4 GIRIYAMMA SHAMBUGOWDA COMPLEX CHURCH ROAD CHANANPATNA TOWN - 562 160 RAMANAGARA DISTRICT REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2 VIDE ORDER DATED 03.09.2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2024 PASSED IN MVC NO.309/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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 24.04.2024 passed in MVC No.309/2018, by Senior Civil Judge and JMFC, MACT, Channapatna, 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:14566 MFA No. 269 of 2025 3. The petitioner/injured claimant had filed petition before the tribunal for compensation of Rs.10,00,000/-. The trial Court considering the entire evidence on record granted an amount of Rs.2,56,296/- 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 an agriculturist aged 45 years and earning Rs.10,000/-per month and due to the accidental injuries suffered 25% disability and lost his future earning capacity. 5. To prove his case, the appellant before the tribunal examined PW1 and PW2 and marked Exs.P1 to P26. As per Ex.P24-disability certificate, appellant sustained fracture of patella, physical impairment of 25% with respect to the lower limb. However, the trial court erred in taking 8% disability to the whole body. It is further stated, that the Tribunal has erred in taking the - 4 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 of 2025 income as Rs.10,000/- per month. The amounts granted under other heads are also very meager. Therefore, requested for enhancement. 6. As per the evidence of PW2 and disability certificate, he sustained 25% with respect to the lower limb. Though it is stated that petitioner was doing agriculture and coolie work and earning Rs.10,000/- per month, he has not filed any income proof. In cases where there is no income proof, this Court is relying upon the chart prepared by Karnataka State Legal Services Authority for considering the notional income. The accident occurred in the year 2017. The notional income of appellant to be taken as Rs.11,000/- per month as per the guidelines of Karnataka State Legal Services Authority. The injured was 45 years old at the time of the accident. Therefore, the multiplier to be adopted is '14'. The tribunal rightly assessed the disability as 8% i.e., 1/3rd of 25%. This Court finds no reason to interfere with the same. - 5 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 of 2025 7. Therefore, Rs.11,000 x 12 x 14 x 8 % = Rs.1,47,840/- is granted towards loss of future earning capacity. The amount of Rs.51,896/- granted towards medical expenses is confirmed. He was hospitalized for a period of 4 days. Considering the nature of injuries, period of hospitalization, this court finds it reasonable to award an amount of Rs.50,000/- towards pain and suffering and a sum of Rs.25,000/- and loss of amenities. A sum of Rs.30,000/- towards transportation, extra nourishment and attendant charges is awarded. Petitioner might not have attended any other work atleast for a period of 3 months. Therefore, a sum of Rs.11,000x3=Rs.33,000/- is awarded towards loss of income during laid up period. 8. Thus in all, compensation awarded by this court are as below, - 6 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 of 2025 Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.81,440/- 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 24.04.2024 passed in MVC No.309/2018, by Senior Civil Judge and JMFC, MACT, Channapatna, is upheld; Particulars Amount in Rs. Loss of earning 1,47,840.00 Loss of income during laid up period 33,000.00 Medical Bills 51,896.00 Attendance, Food and Nourishment charges 30,000.00 Pain and Suffering 50,000.00 Loss of amenities 25,000.00 Total 3,37,736.00 - 7 - HC-KAR NC: 2026:KHC:14566 MFA No. 269 of 2025 iii. The claimant is entitled to a sum of Rs. 3,37,736/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,56,296/- granted by the tribunal. iv. Appellant is directed to deposit the enhanced compensation of Rs.81,440/- with interest @ 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.: 75