- 1 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6848 OF 2025 (MV-I) BETWEEN: SRI SYED THANVEER S/O. SYED BABU AGED 40 YEARS R/AT: INDIRANAGARA KANAKAPURA TOWN AND TALUK RAMANAGARA DIST. - 562 117. …APPELLANT (BY MISS. NITHYA V., ADVOCATE AND SRI PRAKASH M.H., ADVOCATE) AND: 1. SRI ABDUL SAMAD S/O. YUSUF, AGE: MAJOR R/AT: NO.19-89A, 50A K. S. RAO NAGARA, KOLNAD KARNAD, MULKI DAKSHINA KANNADA - 541 224. 2. UNITED INDIA INS. CO. LTD. OFFICE AT 5TH AND 6TH FLOORS KRISHI BHAVAN NRUPATHUNGA ROAD BANGALORE - 560 001 REP. BY ITS MANAGER. …RESPONDENTS (BY SRI JANARDHANA REDDY, ADVOCATE FOR R2; VIDE ORDER DATED 11.02.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 MODIFY THE JUDGMENT AND AWARD DATED 19.04.2025 PASSED IN MVC.NO.2072/2024 ON THE FILE OF II ADDITIONAL SMALL CAUSES JUDGE, ACJM AND MEMER- MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU. 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 from both sides. 2. This appeal is preferred by the appellant-claimant against the judgment and award dated 19.04.2025 passed in M.V.C.No.2072/2024 by II Additional Small Causes Judge, ACJM and Member-Motor Accident Claims Tribunal, Benglauru (for short, 'tribunal') claiming enhancement of compensation. 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. The injured claimant met with an accident on 28.02.2024 and filed claim petition claiming compensation of Rs.30,00,000/-. But the tribunal considering the entire - 3 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 evidence on record has granted an amount of Rs.4,42,000/- with interest at the rate of 6% per annum (except future medical expenses) from date of petition till the date of deposit. 5. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 6. Learned counsel for appellant-claimant contended that PW.2-Doctor has opined the disability to the extent of 40% to the right lower limb and 13% to the whole body, whereas the tribunal has assessed the disability at 10%, which is erroneous. It is also contended that under other heads also, compensation awarded is meager and the same requires enhancement. Hence, he seeks enhancement of compensation. 7. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does - 4 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 not call for interference. Hence, he seeks dismissal of the appeal. 8. In the present case, the claimant was doing loading and unloading work and was earning an amount of Rs.30,000/- per month. But, he has not filed any income proof. As the accident was occurred on 28.02.2024, the tribunal has rightly taken the notional income as Rs.16,500/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 39 years as per Ex.P14-Aadhar card and the multiplier is taken as '15'. 9. The appellant-claimant has sustained the following injuries as per Ex.P7-wound certificate: 1. Lacerated wound over right forearm. 2. Tenderness on right knee leg region. 3. Lacerated wound right knee. 4. Post traumatic open right patella fracture with open type 3B wound. The said injury No.4 is grievous in nature. - 5 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 10. The claimant has examined the Doctor as PW.2 and he has produced two documents at Exs.P20 and P21. PW.2-Doctor stated that the claimant sustained right patella fracture type III B compound and he was treated with wound debridement and K-wire and encirclage was done. He also stated that the claimant complains of pain and swelling in the right knee, unable to sit down, squat and sit cross leg and carry his work as scrap dealer. He assessed the disability to the extent of 40% to the right lower limb and 13% to the whole body, whereas the tribunal has assessed the disability at 10%, which requires to be enhanced. Therefore, considering the medical evidence on record, this Court finds it reasonable to take one-third of the disability to the extent of 40% to the right lower limb by PW.2–Doctor, which comes to 13.33% and the same is rounded off to 13%. Under the circumstance, the loss of future income due to disability comes to Rs.3,86,100/-(Rs.16,500/- x 12 x 15 x 13%). - 6 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 11. The tribunal awarded Rs.5,500/- towards medical expenses as per Ex.P13-medical bills and it is confirmed. 12. The tribunal awarded Rs.30,000/- towards loss of amenities and Rs.49,500/- towards loss of income during laid-up period, which do not call for interference and the same are retained. 13. The claimant was hospitalised for a period of 8 days. Therefore, this Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering and Rs.30,000/- towards conveyance, food, nourishment and attendant charges. 14. The tribunal has awarded Rs.10,000/- towards future medical expenses, whereas PW.2-Doctor has stated that the claimant needs one more surgery for removal of implants, which costs Rs.60,000/-. Therefore, this Court finds it reasonable to grant an amount of Rs.25,000/- towards future medical expense. - 7 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 15. Thus, in all, the claimant is entitled for the following compensation : Sl. No. Particulars Amount (In.Rs.) 1. Loss of future income due to disability 3,86,100-00 2. Pain and sufferings 50,000-00 3. Loss of amenities 30,000-00 4. Medical expenses 5,500-00 5. Future medical expenses 25,000-00 6. Conveyance, food, nourishment and attendant charges 30,000-00 7. Loss of income during laid-up period 49,500-00 Total 5,76,100-00 16. The tribunal has awarded the compensation of Rs.4,42,000/- but the appellant-claimant is entitled to total compensation of Rs.5,76,100/-. Therefore, the appellant-claimant is entitled to enhanced compensation of Rs.1,34,100/- (Rs.5,76,100/- - Rs.4,42,000/-). 17. Accordingly, I pass the following: ORDER i. The appeal is allowed-in-part; - 8 - HC-KAR NC: 2026:KHC:8873 MFA No. 6848 of 2025 ii. The judgment and award dated 19.04.2025 passed in M.V.C.No.2072/2024 by II Additional Small Causes Judge, ACJM and Member-Motor Accident Claims Tribunal, Bengaluru, is hereby modified holding that the appellant-claimant is entitled for enhanced compensation of Rs.1,34,100/- along with interest @ 6% p.a.; iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it; Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 20