- 1 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.680 OF 2024 (MV-I) BETWEEN: KARIYAPPA S/O RAMAIAH, AGED ABOUT 55 YEARS, RESIDING AT YEREHALLI VILLAGE, KUTGAL HOBLI, RAMANAGARA TALUK AND DISTRICT. PINCODE - 562 159. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. RAJU S/O KRISHNAIAH, AGED MAJOR, RESIDING AT LINGEGOWDANADODDI, BILAGUMBA POST, KUTAGAL HOBLI, RAMANAGARA TALUK AND DISTRICT, PIN CODE - 562 159. 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD., 6th FLOOR, KRISHI BHAVANA, HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B.C. SEETHARAM RAO, ADVOCATE FOR R2; V/O DATED 13.02.2026 NOTICE TO R1 D/W) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.11.2023 PASSED IN MVC NO.233/2022 ON THE FILE OF THE 1st ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MEMBER, ADDITIONAL MACT, RAMANAGARA, 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 Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 06.11.2023 passed in MVC No.233/2022 by the I Additional Senior Civil Judge And JMFC, Member, Additional MACT, Ramanagara, (for short, 'the Tribunal') seeking enhancement of compensation. 3. The injured claimant met with a road traffic accident on 06.06.2022 and thereafter filed a claim - 3 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 petition seeking compensation of Rs.15,00,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.4,29,000/- with interest at the rate of 6% per annum from the date of petition till realisation. 4. Aggrieved by the said award, the claimant has preferred the present appeal contending that he was aged 53 years at the time of the accident, working as a mason and earning Rs.1,000/- per day. However, the Tribunal has taken his monthly income at Rs.15,500/-. It is further contended that thought PW-2 assessed the permanent disability of the whole body at 33%, the Tribunal has considered the same at 11%. The claimant also seeks enhancement of the rate of interest to 12% per annum. It is also submitted that the amounts awarded under the other heads are on the lower side and thus, request for enhancement. 5. Though the appellant has contended that he was earning Rs.1,000/- per day, no documentary - 4 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 evidence has been produced to substantiate the same. In the absence of proof of income and considering that the accident occurred in the year 2022, the Tribunal has rightly taken the notional income at Rs.15,500/- per month in terms of the chart prepared by Karnataka State Legal Services Authority. The same does not call for interference. The claimant was aged 53 years at the time of the accident and therefore, the applicable multiplier is '11'. 6. The appellant examined PW-2, the doctor, who deposed that the appellant sustained the following injuries: Swelling and tenderness over the right knee, deformity present, and an abrasion below the right knee measuring 2 x 2 cm; the injuries were in nature. He had sustained fracture of both bones of the right leg (upper third) and was treated with antibiotics, analgesics and other supportive medication. He underwent surgery (CRIF with LCP and screw fixation of right tibia) on 09.06.2022 and was discharged from the hospital on - 5 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 10.06.2022. The doctor further stated that the appellant complains of pain in the right knee, difficulty in squatting, difficulty in sitting cross-legged and difficulty in climbing stairs. He assessed the permanent physical disability of the whole body at 32.5% (arising out of the lower limb disability). However, the Tribunal has taken one-third of the said disability and considered it at 11%. 7. Learned counsel for the appellant contended that the disability assessed by the doctor is with reference to the whole body and therefore, reducing it to one-third is not justified. Having regard to the medical evidence and the nature of the injuries sustained and considering that the appellant was working as a mason and had sustained fracture of both bones of the right leg (upper third), it is evident that he would not be in a position to effectively pursue his avocation as prior to the accident. Hence, this Court is of the considered view that the functional disability to the whole body can reasonably be taken at 20%. The claimant is entitled to an addition - 6 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 of 10% towards future prospects, as per the decision in MFA No.103807/2016, New India Assurance Co. Ltd Vs. Abdul S/O Mehaboob Tahasildar, wherein it is held that if the disability is more than 20% future prospects are to be added while assessing compensation for 'loss of future earning capacity'. Accordingly, the 'loss of future earning capacity' is calculated as Rs.15,500/- + 10% x 12 x 11 x 20% = Rs.4,50,120/-. Thus, the claimant is entitled to Rs.4,50,120/- towards 'loss of future earning capacity'. 8. The appellant was hospitalised for a period of five days. The Tribunal had granted Rs.60,000/- towards 'pain and suffering' and Rs.66,230/- towards medical expenses, which is confirmed. He is entitled to Rs.85,000/- towards 'pain and suffering', Rs.85,000/- under this head, and Rs.30,000/- towards 'transportation, extra nourishment and attendant charges'. - 7 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 9. The appellant may not have attended any other work for a period of three months. Therefore, the 'loss of income during the laid-up period' is Rs.46,500/-, which was already awarded by the Tribunal and is confirmed. 10. Thus, the compensation awarded by this Court is as follows: 11. In summary, the appellant/claimant is entitled to a total compensation of Rs.6,77,850/- as against Rs.4,29,000/- awarded by the Tribunal. The enhanced compensation works out to Rs.2,48,850/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: Particulars Amount in Rs. Loss of future earning capacity 4,50,120.00 Pain and suffering (Rs.60,000/-+Rs.25,000/-) 85,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expenses 66,230.00 Loss of income during laid up period 46,500.00 Total 6,77,850.00 - 8 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 ORDER i. The appeal is allowed in part. ii. The judgment and award dated 06.11.2023 passed in MVC No.233/2022, by the 1st Additional Senior Civil Judge And JMFC, Member, Additional MACT, Ramanagara, is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.2,48,850/-. (Rs.6,77,850/- minus Rs.4,29,000/-) with interest at the rate of 6% per annum from the date of petition till its realization. iv. Respondent No.2/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, Insurance Company is directed to deposit enhanced compensation of Rs.2,48,850/- with interest rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:9018 MFA No. 680 of 2024 v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 6