- 1 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 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.3920 OF 2025(MV-I) BETWEEN: K. BHASKAR RAO S/O MUDDAIAH, NOW AGED ABOUT 62 YEARS, R/AT NO. K.S.N. MURTHY, 580, MARIYAPPA, BUILDING, BALAGERE ROAD, VARTHUR, BANGALORE - 560 087. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND: 1. CHANDRAKANTH S/O, NARASIMHAIAH, AGED MAJOR, R/AT, NO.81, HESARAGHATTA MAIN ROAD, NEAR SAMBHRAMA COLLEGE, BASAVALINGAPPA LAYOUT, BANGALORE NORTH, VIDYARANYAPURA, BANGALORE - 560 097. 2. ICICI LOMBARD GENERAL INS. CO, LTD., REP BY ITS MANAGER, 9th FLOOR, THE ESTATE, 121, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 DICKENSON ROAD, M.G. ROAD, BANGALORE - 560 042 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2; V/O DATED 13.02.2026 NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.09.2024 PASSED IN MVC NO. 6784/2022 ON THE FILE OF THE VIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, MACT, BENGALURU (SCCH-5), 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 05.09.2024 passed in MVC No.6784/2022 by the VIII Additional Judge, Court of Small Causes and ACJM and the Motor Accident Claims Tribunal, Bengaluru (SCCH-5), (for short, 'the Tribunal') seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 2. The injured claimant met with a road traffic accident on 28.08.2022 and thereafter filed a claim petition seeking compensation of Rs.25,00,000/-. The Tribunal, after considering the evidence on record, awarded a total compensation of Rs.8,46,041/- with interest at the rate of 6% per annum from the date of petition till realisation. Aggrieved by the said award, the petitioner preferred this appeal contending that the Tribunal has granted meager compensation under various heads. It is the contention of the learned counsel for the appellant that the appellant was doing real estate business and earning Rs.20,000/- per month. However, the Tribunal assessed his income on a lower side. It is further contended that the compensation awarded under other heads is inadequate and that interest ought to have been awarded at 9% per annum and seeks for enhancement. 3. Heard the arguments of both sides. - 4 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 4. Though the injured claimant has stated that he was earning Rs.20,000/- per month, no documentary evidence has been produced to substantiate the same. As the accident occurred in the year 2022, the notional income is appropriately taken at Rs.15,500/- per month, in terms of the chart prepared by the Karnataka State Legal Services Authority. The claimant was aged 59 years at the time of the accident and the applicable multiplier is '9'. 5. As per Ex.P-6-wound certificate and Ex.P-10- discharge summary, the claimant sustained the following injuries: i. Left proximal tibia and fibula fracture; ii. Fracture of 4th and 5th metacarpals of left hand. He underwent ORIF with plating for left proximal tibia, ORIF with K-wires for 4th and 5th metacarpals of the left hand, wound debridement with drain insertion, elevation of lateral condyle and bone grafting. PW-2, the doctor, in cross- - 5 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 examination has stated that he was not the treating doctor. He further stated that fibula is a supporting bone, it has mal-united and assessed disability of both limbs at 59% and whole body at 30%. The Tribunal considered 19% disability to the whole body (i.e., 1/3rd of 59%). Having regard to the nature of injuries sustained, the medical evidence on record, and other relevant factors, this Court finds it appropriate to reassess the whole body disability at 20%. 6. In view of the law laid down by the Co-ordinate Bench of this Court in MFA No.103807/2016 c/w MFA No.103835/2016 in the case of New India Assurance Company Limited Vs. Abdul and Ors. and Abdul Vs. the Managing Director and Ors., wherein it was held that when the disability is 20% or more claimant is estimated for 'future prospects'. Since the claimant was aged 59 years at the time of the accident, addition of 10% towards 'future prospects' is justified. - 6 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 Accordingly, the 'loss of future earning capacity' comes to Rs.15,500/- + 10%=17,050/-x 12 x 9 x 20%= Rs.3,68,280/-. Thus, Rs.3,68,280/- is awarded under the head 'loss of future earning capacity'. 7. The Tribunal granted Rs.4,81,654/- towards 'medical expenses' as per the relevant documents and it is confirmed. 8. The appellant was hospitalised for a period of 14 days. Considering the nature of injuries, the period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- towards 'pain and suffering', Rs.30,000/- towards 'loss of amenities' and Rs.30,000/- towards 'transportation extra nourishment and attendant charges'. 9. The appellant might not have attended any other work at least for a period of three months. Therefore, a sum of Rs.46,500/-=(15,500 x 3) is awarded under the head 'loss of income during laid-up period. - 7 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 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.10,06,434/- as against Rs.8,46,041/- awarded by the Tribunal. The enhanced compensation works out to Rs.1,60,393/-. To this extent, the award passed by the Tribunal is modified. 12. In the result, pass the following: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 05.09.2024 passed in MVC No.6784/2022 Particulars Amount in Rs. Loss of future earning capacity 3,68,280.00 Pain and suffering 50,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Medical expenses 4,81,654.00 Loss of amenities 30,000.00 Loss of income during laid- up period 46,500.00 Total 10,06,434 - 8 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 by the VIII Additional Judge, Court of Small Causes and ACJM and the Motor Accident Claims Tribunal, Bengaluru (SCCH-5), is hereby modified; iii. The appellant-claimant is entitled to enhanced compensation of Rs.1,60,393/- (Rs.10,06,434/- minus Rs.8,46,041/-) 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.1,60,393/- with interest rate of 6% within one month from the date of this order. v. On such deposit, the appellant/claimant is permitted to withdraw the entire amount along with interest accrued on it. - 9 - HC-KAR NC: 2026:KHC:9019 MFA No. 3920 of 2025 vi. Claimant is not entitled to interest for the period of 134 days as per order dated 13.02.2026 in I.A.No.1/2025. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 10