- 1 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7937 OF 2025 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 951 OF 2026 (MV-I) IN MFA No. 7937/2025 BETWEEN: THE MANAGER CHOLA MS GENERAL INSURANCE COMPANY LTD., OFFICIAL UNIT NO.04 9TH FLOOR, LEVEL - 06 GOLDEN HEIGHTS COMPLEX, 59TH C CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUB URB, RAJAJINAGAR, BENGALURU - 10 NOW REP. BY THE MANAGER CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD., UNIT NO 04, 9TH FLOOR, (LEVEL - 6), GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, 4TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR BENGALURU - 560 010. …APPELLANT (BY SRI. B. PRADEEP, ADVOCATE) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 AND: 1. A.C. BALEGOWDA S/O CHIKKACHUDEGOWDA AGE ABOUT 46 YEARS R/AT AGARA VILLAGE MALLIGEMTLU MARALAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT. 2. SOWMYA B W/O BALEGOWDA A C AGE ABOUT 38 YEARS, R/AT AGARA VILLAGE MALLIGEMETLU, MARALAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA DISTRICT - 562 121 …RESPONDENTS (VIDE ORDER DATED 05.11.2025, NOTICE TO R2 DISPENSED WITH)) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2025 PASSED IN MVC NO.1965/2024 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16), AWARDING COMPENSATION OF RS.25,44,970/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL REALIZATION. IN MFA NO. 951/2026 BETWEEN: SRI. A.C. BALEGOWDA S/O. CHIKKACHUDEGOWDA, AGED 46 YEARS, R/AT AGARA VILLAGE, MALLIGEMETLU, MARALAVADI HOBLI, - 3 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 HAROHALLI TALUK, RAMANAGARA, BANGALORE SOUTH DIST - 562 117. ...APPELLANT (BY SMT. NITHYA V, ADVOCATE FOR SRI. PRAKASH M.H, ADVOCATE) AND: 1. SMT.SOWMYA B W/O. BALEGOWDA A. C., AGE MAJOR, R/AT AGARA VILLAGE, MALLIGEMETLU, MARALAVADI HOBLI, HAROHALLI TALUK, RAMANAGARA, BANGALORE SOUTH - 562 121. 2. CHOLA MS GEN. INS. CO. LTD., OFFICE AT UNIT NO.4, 9TH FLOOR, LEVEL-06, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS ROAD, 4TH M BLOCK, INDUSTRIAL SUBURB, RAJAJINAGAR, BANGALORE - 560 010 REP. BY ITS MANAGER. ...RESPONDENTS (VIDE ORDER DATED 23.04.2026, NOTICE TO R1 DISPENSED WITH; VIDE ORDER DATED 23.04.2026, SRI. B. PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2025 PASSED IN MVC NO.1965/2024 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU (SCCH-16), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING - 4 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, 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 against the award of the tribunal in MVC No.1965/2024 dated 01.08.2025, injured/claimant met with an accident on 20.02.2024 and filed claim petition claiming compensation of Rs.60,00,000/-. The tribunal considering the entire evidence on record granted an amount of Rs.25,44,970/- with interest at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said award, Insurance company preferred this appeal in MFA No.7937/2025 and stated that tribunal erred in considering whole body disability as 25%. PW-3 is not a treated Doctor and he assessed the - 5 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 disability basing on the discharge summary. respondent No.1 has not produced any calculation sheet and the disability assessed is on higher side and it is to be scaled down and higher amounts were granted under the head pain and suffering, attendant charges, loss of income during laid up period and it is to be reduced. Against the same award, claimants also filed MFA No.951/2026 and they mainly contented that petitioners sustained injuries to the spinal cord with the cervical compression, physical disability is 70% to the whole body but the tribunal has taken only 25% it is to be taken as 100%. He was a coolie. Documents produced regarding the lands are in the name of his father. He is also owning a car. But the tribunal considered his income on par with that of the coolie and it is to be enhanced. The amounts granted under the other heads are on lower side. Therefore, requested for enhancement of the compensation. 4. Insurance company also preferred an appeal disputing the quantum. Though petitioner stated that he - 6 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 was an agriculturalist and earning Rs.75,000/- per month he has not filed any income proof. As he met with an accident in the year 2024. This Court finds it reasonable to take the notional income of Rs.16,500/- per month, as per the chart prepared by Karnataka State Legal Services Authority. He was aged 47 years and the relevant multiplier is '13'. Petitioner filed Ex. P6-wound certificate and also discharged summaries, Ex.P11 to 13. Apart from that, he filed relevant medical records and examined the Doctor as PW2. He is a Senior Consultant neurosurgeon, he stated that petitioner sustained injury to the neck and stated the neurological disability pertaining to the cervical spine body is 70% which is permanent in nature. In the cross-examination he stated that he is not a treated doctor. He has gone through the discharge summaries and he further stated that spinal cord injury was not healed from C3 to C6, the implants were in situ and they are permanent and they are meant only to stabilize the spine. He further stated that petitioner was brought before him in - 7 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 a wheel chair and he is unable to walk. He also stated that physiotherapy treatment undergone by the petitioner was not helped him for improvement of his health. He further stated that human body has seven spine vertebrae. petitioner strained injury to C3 to C6 spine vertebra. 5. Considering the medical evidence on record, this Court finds it reasonable to take the disability as 70% by relying upon the medical evidence. As the disability is more than 20% he is entitled for future prospects as per the citation reported in MFA No.103807/2016 between New Assurance Company Limited -vs- Abdul S/o Mehaboob Tahsildar. The petitioner was aged 47 years. Therefore, he is entitled for 25% towards future prospects and loss of future earning capacity comes to Rs.22,52,250/- (16,500+25%x12x13x70%). 6. The tribunal already granted Rs.11,84,870/- towards medical expenses and the said amount is confirmed. As per Ex.P-11 to P-13, he was admitted in - 8 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 the hospital as an inpatient for 5 months 22 days. Therefore, the tribunal granted reasonable amounts under the other heads and this Court finds no reason to interfere with the said order. 7. Thus in all, award of compensation passed by the Tribunal is modified as under: 8. Hence, the compensation is enhanced from Rs.25,44,970/- to Rs.41,92,720/- along with interest at 6% per annum from the date of petition till the date of deposit. Particulars Amount in Rs. Medical expenses 11,84,870/- Pain and sufferings 2,00,000/- Attendant charges 1,72,000/- Food and nourishment 1,37,600/- Conveyance charges 10,000/- Laid up period 1,86,000/- Loss of amenities 50,000/- Future earning capacity 22,52,250/- Total 41,92,720/- - 9 - HC-KAR NC: 2026:KHC:22407 MFA No. 7937 of 2025 C/W MFA No. 951 of 2026 9. In the result, the following order is passed: ORDER i. MFA No.7937/2025 is dismissed, MFA No.951/2026 is allowed-in-part. ii. The judgment and award dated 01.08.2025 passed in M.V.C.No.1965/2024 by the 10th Additional Small Causes and Motor Accident Claims Tribunal, Bengaluru is modified; iii. The appellants are entitled to a sum of Rs.41,92,720/- along with interest at 6% p.a. from the date of petition till the date of realization as against Rs.25,44,970/-. iv. As the Insurance Company already deposited the awarded amount, respondent No.2 is directed to deposit the enhanced compensation of Rs.16,47,750/- with the interest at the rate of 6% per annum within one month from the date of this order. v. On such deposit, claimant is permitted to withdraw the entire amount along with accrued interest. Sd/- (P SREE SUDHA) JUDGE VS List No.: 1 Sl No.: 60