- 1 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 5316 OF 2025 (MV-I) BETWEEN: SRI SUNIL PRAJAPAT, S/O HADMAN RAM, AGED ABOUT 38 YEARS, NO.25, 3RD CROSS ROAD, LAKKASANDRA, ADUGODI, BENGALURU - 560 030. NOW AT RESIDING: NO.61, GANGONDANAHALLI ROAD, DODDABIDIRAKALLU, BENGALURU - 73. …APPELLANT (BY SRI. K T MADHU.,ADVOCATE) AND: 1. MR. RAVI M R, S/O RANGASWAMY, NO.25, 1ST FLOOR, 14TH CROSS, THIGALARAPALYA MAIN ROAD, BALAJINAGAR, BENGALURU - 560 058. 2. ZUNO GENERAL INSURANCE CO., LTD LEGAL OFFICE., NEW NO.71, 1ST FLOOR, 26TH MAIN, 37TH B CROSS, JAYANAGAR 9TH BLOCK, BANGALORE - 69. (REPRESENTED BY ITS MANAGER) …RESPONDENTS (BY SRI. A. N. KRISHNA SWAMY., ADVOCATE FOR R2; VIDE ORDER DATED 12.02.2026 NOTICE TO R1 IS D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.03.2025 PASSED IN MVC NO.3575/2024 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, 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 17.03.2025 passed in MVC No.3575/2024 on the file of the Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru, for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 02.05.2024 and filed petition before the Tribunal - 3 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,37,141/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed. 4. Sri K.T.Madhu, learned counsel for the appellant submitted that the doctor-PW.2 assessed the physical disability of the right lower limb at 47% and the disability of the whole body at 16%. But the Tribunal failed to consider the said disability and did not grant any compensation under the head of loss of future earning capacity. He further submitted that the appellant/claimant was working as a skilled interior carpenter and was earning Rs.25,000/- per month. But the Tribunal erred in taking his monthly income at Rs.16,500/-. The compensation awarded under the other heads are also meagre. The Tribunal has not granted any amount under the head of future medical expenses. Therefore, he seeks enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 5. Sri A.N.Krishnaswamy, learned counsel for respondent-Insurance company submits that the compensation awarded by the Tribunal is just and adequate. 6. Though the petitioner/injured was aged 37 years and claimed that he was earning Rs.30,000/- per month, he has not filed any income proof. As the petitioner/injured met with an accident in the year 2024, the Tribunal has rightly assessed his notional income at Rs.16,500/- per month, which needs no interference. The petitioner/injured was aged 37 years and the applicable multiplier is ‘15’. 7. The petitioner/injured examined PW.2-doctor and he stated that the petitioner sustained a fracture of the sub trochanteric region of the right femur and fracture of the right acetabulum. He further stated that the petitioner was treated at KOC Hospital and underwent ORIF with RECON nail fixation on 03.05.2024. The petitioner complains of pain in the right hip and thigh, limping gait, unable to lift weights, unable to sit down, squat and sit cross leg. The doctor assessed the disability at 47% to the right lower limb and 16% to the whole body. He also stated that the petitioner/injured requires - 5 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 another surgery for removal of the implants and estimated the cost of surgery at Rs.60,000/-. The Tribunal observed that the fractures are united and the petitioner has not sustained any functional disability due to the injuries sustained in the accident. It further held that the oral evidence of PW.2 was insufficient to grant compensation under the said head. But the said observation of the Tribunal is not based on proper appreciation of the facts. Therefore, this Court finds it reasonable to take the disability at 1/3rd of 47% i.e., 16%. Accordingly, the loss of future earning capacity comes to Rs.4,75,200/- (16,500×12×15×16%). The doctor suggested another surgery for removal of the implants and estimated the cost at Rs.60,000/-. This Court finds it reasonable to grant a sum of Rs.40,000/- under the head future medical expenses. The amounts granted by the Tribunal under the other heads are just and reasonable and therefore, they need no interference. 8. Thus in all, petitioner/appellant is entitled to the compensation on the following heads: - 6 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 9. Hence, the appellant-claimant is entitled for a total compensation of Rs.10,52,341/- along with interest at the rate of 6% p.a. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.03.2025 passed in MVC No.3575/2024 on the file of the Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 80,000/- 2. Towards Treatment charges 2,83,141/- 3. Towards loss of amenities and future unhappiness 60,000/- 4. Towards attendant charges, extra nutritious food and conveyance charges 15,000/- 5. Towards loss of income during treatment period (16,500x6) 99,000/- 6. Towards loss of future earning capacity 4,75,200/- 7. Towards future medical expenses 40,000/- Total 10,52,341/- - 7 - HC-KAR NC: 2026:KHC:9063 MFA No. 5316 of 2025 Chief Judge, Court of Small Causes, Member, Principal Motor Accident Claims Tribunal, Bengaluru, is modified. iii. The claimant is entitled to a sum of Rs.10,52,341/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,37,141/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.5,15,200/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 11