- 1 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1164 OF 2024 (MV-I) BETWEEN: SRI. GAJENDRA V S/O VENKATESHAPPA, NOW AGED ABOUT 27 YEARS, RESIDING AT LAKKENAHALLI VILLAGE, KAMASAMUDRAM POST, BANGARAPET TALUK, KOLAR DISTRICT. …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE) AND: 1. SRI. C. SHANKAR S/O CHOWDAPPA, NOW AGED ABOUT 35 YEARS, RESIDING AT CHALUVANAHALLI VILLAGE, ARABHIKOTHANUR POST, KOLAR TALUK AND DISTRICT - 563 101. 2. SRI. PRABHAKAR N S/O NARAYANA, MAJOR IN AGE, RESIDING AT MURTHY NILAYA 5TH CROSS, KARANJIKATTE, KHADRIPURA MAIN ROAD, KOLAR - 563 101. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 3. HDFC ERGO GENERAL INSURANCE CO.LTD., 1ST FLOOR, HM GENEVA HOUSE, NO.14, CUNNINGHAM ROAD, BENGALURU - 560 052 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B.C. SHIVANNEGOWDA, ADVOCATE FOR R3; VIDE ORDER DATED 24.04.2024, NOTICE TO R1 AND R2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2023 PASSED IN MVC NO. 5310/2021 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND ACMM, AND MEMBER, MACT, BENGALURU (SCCH-11), 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 05.08.2023 - 3 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 passed in MVC No.5310/2021 on the file of the I Additional Small Cause Judge and ACMM and Member - MACT, Bengaluru (SCCH-11), for enhancing the compensation. 3. The petitioner/injured claimant met with an accident on 09.04.2021 and filed a claim petition claiming compensation of Rs.30,00,000/- before the Tribunal. The Tribunal considering the entire evidence on record, granted an amount of Rs.14,52,902/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Aggrieved by the said order, the claimant has preferred this appeal. 4. Learned counsel for the appellant contended that the claimant sustained fracture injuries which are grievous in nature. He examined the doctor as PW.4 and he assessed the right lower limb disability at 64% and the whole body disability at 32%. However, the Tribunal has taken the disability at 18%. He further contended that the Tribunal has taken his notional income as Rs.13,311/- - 4 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 basing on the Minimum Wages Act, which is on the lower side and thus, requested for enhancement of the compensation. 5. Though it is stated that the petitioner was a coolie and earning Rs.18,000/- per month, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged 25 years and the relevant multiplier applicable is 18. 6. Ex.P5 is the wound certificate and Ex.P7 is four discharge summaries. The petitioner also examined PW4 an Orthopaedic Surgeon and he stated that the petitioner sustained a Type 3C segmental fracture of both bones of the right leg. The petitioner underwent surgery in the form of: a) Wound debridement b) External fixator application on 10.04.2021 c) Skin grafting on 13.04.2021 - 5 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 d) Open reduction and internal fixation with plate and screws for the right tibia on 21.06.2021 and underwent three cycles of VAC therapy. e) Implant removal and open reduction and internal fixation with 12 holed LCP plate and screws on 06.01.2023. The petitioner complains of pain, difficulty in walking and climbing stairs. History of inability to squat and sit cross-legged, discharging sinus over the right leg and inability to work as an agriculturist. On examination: a) The petitioner walks with pain and limping shoe rise for right leg b) Wasting of the right thigh and swelling of the right leg is seen c) Shortened of the right lower limb d) Five discharging sinuses from the right leg. As per the recent X-ray shows: a) United fracture of tibia with thinning of the middle fragment and signs of infection with implant in situ b) Non-union fracture fibula - 6 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 PW4 assessed the total disability of the right lower limb at 64% and that of the whole body at 32%. As the petitioner is an agriculturist, with the said disability, he cannot carry out any manual work. It is further stated that the petitioner requires another surgery for removal of implant and estimated the cost of the surgery as Rs.50,000/-. This Court finds it reasonable to take the disability as one-third of 64% ie., 21% as functional disability. As the disability is 21%, the petitioner is entitled for future prospects as per the citation reported in MFA No.103807/2016 New India Assurance Company and Others Vs. Abdul S/o. Mehaboob Tahasildar and others. The petitioner was aged 25 years, therefore, he is entitled for 40% towards future prospects. Accordingly, loss of future earning capacity comes to Rs.15,000/- + 40% x 12 x 18 x 21% = Rs.9,52,560/-. The Tribunal has granted Rs.7,80,947/- towards Medical Expenses and the said amount is confirmed. He was hospitalized for a period of 51 days. Considering the nature of injuries, period of - 7 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities, Rs.60,000/- towards transportation, extra nourishment and attendant charges, Rs.25,000/- towards future medical expenses. The petitioner might not have attended any other work at least for a period of four months, therefore, Rs.60,000/- (Rs.15,000/- x 4) is to be granted towards loss of income during laid up period. 7. Thus in all, compensation awarded by this Court is as below: Particulars Amount in Rs. Loss of future earning capacity 9,52,560 Pain and suffering 75,000 Loss of amenities 50,000 Transportation, extra nourishment and attendant charges 60,000 Loss of income during laid up period 60,000 Medical Expenses 7,80,947 Future Medical Expenses 25,000 Total 20,03,507 - 8 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 8. Hence, the appellant-claimant is entitled to a total compensation of Rs.20,03,507/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 05.08.2023 passed in MVC No.5310/2021, by I Additional Small Cause Judge and ACMM and Member - MACT, Bengaluru (SCCH-11), is modified; iii. The claimant is entitled to a sum of Rs.20,03,507/- along with interest at 6% per annum from the date of petition till the date of realization, instead of Rs.14,52,902/- granted by the tribunal. - 9 - HC-KAR NC: 2026:KHC:21106 MFA No. 1164 of 2024 iv. Respondent No.3 has already deposited the awarded amount before the Tribunal. Therefore, respondent No.3 is directed to deposit the enhanced compensation of Rs.5,50,605/- along with the interest at the rate of 6% within one month from the date of this order. v. Petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE SHS List No.: 1 Sl No.: 18