- 1 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6217 OF 2024 (MV-I) BETWEEN: SRI. MARISWAMY ANEWAL S/O PAKKRIAPPA NOW AGED ABOUT 42 YEARS RESIDING AT SHETTIHALLI VILLAGE MALURU HOBLI, CHANNAPATNA TALUK RAMANGARA DISTRICT. PERMANANT ADDRESS KALEPPA KATTE, NO. 1 ITAGI, MUDDAPURA NO. 2, EMMIGANOOR, HOSAPERE TALUK BALLARI DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. SRI. GUNDA S/O GOPAL NOW AGED ABOUT 33 YEARS RESIDING AT KUVEMPU NAGARA, TAMIL COLONY, CHANNAPATNA TOWN RAMANAGARA DISTRICT - 562 160. 2. THE NEW INDIA INSURANCE CO. LTD., Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 NO. 22414/4, GIRIYAMMA SHAMBHUGOWDA COMPLEX CHURCH ROAD, CHANNAPATNA - 562 160, REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. K. POORNABODHA RAO, ADVOCATE FOR R2; VIDE ORDER DATED 10.04.2026, NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.07.2024 PASSED IN MVC NO.199/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, 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 11.07.2024 passed in MVC No.199/2021 on the file of the Senior Civil Judge & JMFC, - 3 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 Additional MACT, Channapatna, seeking enhancement of 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 14.04.2021 and filed petition before the Tribunal for compensation of Rs.10,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,82,200/- with interest at the rate of 6% p.a., from the date of petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the Tribunal erred in taking the disability as 7%. The petitioner/injured sustained right tibia fracture and fibula fracture. He also examined the doctor as PW.2, who assessed the disability of right lower limb at 34%. PW.2 has also stated that the petitioner/injured requires another surgery for removal of - 4 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 the implants and estimated cost of the surgery at Rs.50,000/-. However, the Tribunal has granted meagre amounts under the other heads and thus requested for enhancement of the compensation. 4. Though the petitioner/injured stated that he was doing coolie work and earning Rs.20,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, The Tribunal has rightly considered his notional income at Rs.15,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 45 years and the relevant multiplier is '14'. Ex.P.7 is the wound certificate and Ex.P.9 is the discharge summary. The petitioner has also examined the doctor as PW.2, who is an orthopedic surgeon. He has stated that the petitioner complains of pain and swelling in the right-leg an inability to move right lower limb and there is tenderness of right leg. As per the X ray of right leg, fracture of fibula is confirmed. He was operated with close reduction and - 5 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 stabilisation with IMIL nail for Tibia under spinal anaesthesia. P.W.2 assessed the physical impairment at 34% to the right lower limb. He further stated that the petitioner/injured requires another surgery for removal of the implants and the estimated cost of the surgery is Rs.50,000/-. Therefore, 1/3rd of 34% comes to 11%. The Tribunal erred in taking the same at 7% and the same requires to be rectified. Accordingly, the loss of future earning capacity comes to Rs.2,77,200/- (15,000 × 12 × 14 × 11%). The Tribunal has granted a sum of Rs.54,250/- towards medical expenses, as per Ex.P.10, and the said amount is confirmed. The petitioner was hospitalized for a period of five days. Considering the nature of the injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant Rs.50,000/- towards pain and suffering, Rs.25,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have attended to any other work - 6 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 at least for a period of three months. Therefore, a sum of Rs.45,000/- (15,000 × 3) is awarded towards loss of income during the laid-up period. The petitioner is also entitled to a sum of Rs.30,000/- towards future medical expenses. 5. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2 Towards medical expenses 54,250/- 3 Towards loss of amenities 25,000/- 4 Towards transportation, extra nourishment and attendant charges 30,000/- 5 Towards future medical expenses 30,000/- 6 Towards loss of future earning capacity 2,77,200/- 7. Towards loss of income during the laid up period 45,000/- Total 5,11,450/- - 7 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.5,11,450/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 11.07.2024 passed in MVC No.199/2021 on the file of the Senior Civil Judge & JMFC, Additional MACT, Channapatna, is modified. iii. The claimant is entitled to a sum of Rs.5,11,450/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,82,200/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent - 8 - HC-KAR NC: 2026:KHC:20326 MFA No. 6217 of 2024 No.2/Insurance Company is directed to deposit enhanced compensation of Rs.2,29,250/- 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.: 6