- 1 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3865 OF 2024 (MV-I) BETWEEN: SRI. UMESH NAIK B.K. S/O KEMYA NAIK, AGED ABOUT 31 YEARS, BEEDUGONDAHALLI VILLAGE, SANNATHANDA, M.D. HALLI POST, DAVANAGERE DISTRICT. NOW RESIDING AT: H - GOLLAHALLI VILLAGE, KENGERI HOBLI, BANGALORE – 560 060. …APPELLANT (BY SRI. PUTTASWAMY C., ADVOCATE) AND: 1. MR. BASAVARAJU S/O KARIRAMAIAH, KUMBAPURA VILLAGE, KAILANCHA HOBLI, RAMANAGARA DISTRICT (EXPARTE] [OWNER OF M/C NO.KA 41-J-0758] Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 2. UNITED INDIA INSURANCE CO., LTD., REGIONAL OFFICE, NO.18, KRUSHI BHAVAN OFFICE, 5TH AND 6TH FLOOR, OPP. TO HUDSON CHURCH, HUDSON CIRCLE, BANGALORE – 560 001. [REPRESENTED BY ITS MANAGER] …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2; V/O DT: 19.01.2026, NOTICE TO R1 D/W) MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT: 01.02.2024 PASSED IN MVC NO.1662/2021 ON THE FILE OF THE JUDGE, SMALL CAUSE JUDGE, ACMM, MACT, BENGALURU, (SCCH-9), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT 1. This appeal is filed against the Judgment and award dated 01.02.2024 passed in M.V.C. No.1662 of 2021 by the - 3 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 Judge SCJ, ACMM & MACT at Bengaluru (for short ‘the Tribunal’) wherein the claimant has filed the claim petition claiming enhancement of compensation. 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. 3. Heard the arguments of learned counsel for the appellant and respondents and perused the materials on record. 4. Brief facts of the case are as under: The Appellant/ Petitioner/ Injured - claimant met with an accident on 18.02.2021 and filed claim petition claiming compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record, granted an amount of Rs.5,65,229/- with interest at the rate of 6% per annum from date of petition till realisation. The 1st respondent is liable to pay the compensation, however 2nd respondent/ Insurance Company is directed to deposit the compensation amount within one month from the date of order and the same can be recovered from 1st respondent. - 4 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 5. Aggrieved by the said order, the Insurance Company preferred an appeal and mainly contented that as per the complaint, the appellant was riding his motor cycle bearing registration No.KA-02-JQ-7971 at that time the rider of motor cycle bearing registration No.KA-41-J-0758 came with rash and negligent manner at high speed and dashed against petitioner’s motor cycle and thereby caused the accident. Due to said accident the appellant sustained multiple grevious injuries all over the body. The appellant was working as Sales Executive at Spring Honda showroom and earning Rs.20,000/- per month, but the Tribunal has taken only Rs.15,000/- per month. He sustained multiple injuries which are grievous in nature and was hospitalised for a period of 18 days as an inpatient and spent huge medical expenses. The appellant was examined by the doctor and he assessed the physical disability of 20% to the whole body and mental disability of 40% and loss of income during laid up period is only for 2 months. But the appellant requires 6 months' bed rest as per the doctor's advice and thus requested for enhancement of the compensation. 6. Though it is stated that the appellant was earning Rs.20,000/- per month, he has not filed any income proof. As - 5 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 he met with an accident in 2021, his notional income is to be taken as Rs.15,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged about 28 years and the multiplier is 17. He was examined by the doctor, who was working as an Assistant Professor of Neurosurgery has stated that the appellant sustained the following injury: 1) RTA with head injury 2) Left fronto temporal SDH with contusion with left temporal bone fracture 7. In the cross-examination, the doctor stated that he has assessed the mental disability at 40% and 20% to whole body. He has gone through the relevant medical records. 8. As the doctor assessed the mental disability at 40% and 20% to whole body, the learned counsel for the respondent stated that one third of 20% i.e. 13% is to be taken. Whereas the learned counsel for appellant stated that the appellant sustained functional disability and 20% whole body disability has to be considered. Considering the said arguments, this court finds that disability is to be taken as one third of 40% i.e., 13% disability for the purpose of calculation. So the loss of - 6 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 future earning capacity comes to Rs.15,000/- x 12 x 17 x 13% = Rs.3,97,800/-. The petitioner incurred Rs.1,03,029/- towards medical expenses and the said amount is confirmed and he was in the hospital for a period of 18 days. 9. Considering the nature of injuries sustained by appellant, this Court finds it reasonable to grant an amount of Rs.60,000/- for loss of pain and suffering, Rs.60,000/- towards loss of amenities, Rs.30,000/- for loss of abilities and Rs.40,000/- for transportation and extra nourishment and attendant charges and the appellant might not have attended any other work for a period of 3 months as he met with an accident and sustained grevious injuries, loss of income during laid up period Rs.45,000/-. The compensation is enhanced from Rs.5,65,229/- to Rs.6,75,829/-. Accordingly, I pass the following: ORDER 1. The appeal is partly allowed. 2. The judgment and award dated 01.02.2024 passed in MVC No.1662/2021 by Judge SCJ, ACMM & MACT at Bengaluru is modified. - 7 - HC-KAR NC: 2026:KHC:13917 MFA No. 3865 of 2024 3. The appellant is awarded a total compensation of Rs.6,75,829/- as against the compensation awarded by the Tribunal at Rs.5,65,229/-. Therefore, The appellant is entitled for an enhanced compensation of Rs.1,10,600/- along with interest at 6% p.a., from the date of filing the petition, till its realization. 4. So Insurance Company already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation of Rs.1,10,600/- with interest at the rate of 6% p.a., within a period of one month from the date of this order. 5. The appellant is permitted to withdraw the entire amount along with interest accrued on it. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE LL List No.: 1 Sl No.: 47