- 1 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4102 OF 2025 (MV-I) BETWEEN: SRI MOHAMMED JAMEEL AGED ABOUT 52 YEARS, S/O. LATE ABDUL WAHAB, R/A. NO. 92/1, NEW TIMBER YARD LAYOUT, MYSORE ROAD, BENGALURU-560 026. ALSO, AT NO.27/4, I CROSS, 4TH MAIN, PADARAYANAPURA BENGALURU 560026 …APPELLANT (BY SRI. D. NAGARAJA., ADV.) AND: 1. SRI DIVAKAR P N MAJOR, S/O. NINGEGOWDA, R/A. NO.37, PRASADIHALLI VILLAGE, SANYASHIHALLI POST, BELUR TALUK, HASAN DISTRICT-573115 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 2. SRIRAM GENERAL INSURANCE CO., LTD., REGIONAL OFFICE, NO.4/5, 3RD FLOOR, S.V. ARCADE, BILEKAHALLI MAIN ROAD, OFF: BG ROAD, IIM POST, BENGALURU-560 076, REP. BY ITS MANAGER …RESPONDENTS (BY SRI. BHUVAN B.M, ADV. FOR SRI. ANUP SEETHARAMARAO, ADV. FOR R2, V/O DTD.12.03.2026 NOTICE TO R1 H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.11.2024 PASSED IN MVC NO. 4755/2017 ON THE FILE OF THE XIII ADDITIONAL SMALL CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES, AND MEMBER, MACT-15, BENGALURU (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND ETCF., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: *** - 3 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. This appeal is filed against the judgment and award passed in M.V.C.No.4755/2017 dated 21.11.2024 by the Court of XIII Additional Small Causes and ACJM and Additional, MACT, Bengaluru (SCCH-15). 3. Injured claimant met with an accident on 30.07.2017 and filed a claim petition claiming compensation of 15,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.2,84,680/- along with interest at the rate of 6% p.a., from the date of the petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that the petitioner sustained - 4 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 grievous injury and he produced the driving license. As per driving license, he was born on 07.07.1972 and met with an accident on 03.07.2017. Thus, he was aged 45 years as on the date of accident. Therefore, the multiplier is to be taken for the age group of 41 to 45 years i.e., ‘14’. But the Tribunal has taken the same as ‘13’. 5. The petitioner has examined the doctor as PW.5 and he assessed the disability to the left upper limb at 38.14% and whole body physical disability at 12.72%. But the Tribunal has considered only 8% disability. He was inpatient for a period of 11 days. It was further contended that the amounts awarded under the other heads are meager. Therefore, requested for enhancement of the compensation. 6. The petitioner stated that he was earning Rs.20,000/- per month and he has not filed any income proof. The petitioner filed Ex.P15, but he has not examined the author of the document. As he met with an - 5 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 accident in the year 2017, the Tribunal has rightly considered his income as Rs.11,000/- per month. The petitioner was aged 45 years and the applicable multiplier is ‘13’. 7. Learned counsel for the petitioner relied upon the case of SHASHIKALA & OTHERS VS. GANGALAKSHMAMMA & ANOTHER reported in 2015 SCC 280, at paragraph No.17, it was held as under: “17. Insofar as appropriate multiplier, the date of birth of the deceased as per driving licence was 16.06.1961. On the date of accident i.e., 14.12.2006, the deceased was aged 45 years, 5 months and 28 days and the tribunal has taken the age as 46 years. Since the deceased has completed only 45 years and adopted multiplier 14 which is the appropriate multiplier and the same is maintained. “ 8. In this case, the age of the petitioner was only 45 years and 23 days. Therefore, this court finds it reasonable to take the multiplier as ‘14’. - 6 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 9. As per wound certificate, the petitioner has sustained injury i.e., Proximal end of humerus fracture Greater tuberosity fractures 3rd, 4th, 5th rib fracture. The petitioner examined the doctor as PW.5, and assessed the disability of 38.14% to the left upper limb and 1/3rd of the same comes to 13%. The petitioner was aged 45 years and the multiplier is taken as ‘14’. Therefore, ‘the loss of future earning capacity’ comes to Rs.2,40,240/- (Rs.11,000/- x 12 x 14 x 13%). 10. The Tribunal has granted Rs.67,400/- towards 'medical expenses' as per the medical bills produced and the same is confirmed. 11. The claimant was hospitalized for a period of 11 days. Considering the nature of injuries sustained, period of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- under the head of ‘pain and suffering’ and Rs.25,000/- under the head of 'loss of amenities'. - 7 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 12. This Court is granting an amount of Rs.30,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 3 months. Therefore, Rs.33,000/- is awarded under the head of 'loss of income during laid up period' for a period of three months. 13. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 50,000.00 2. Medical Expenses 67,400.00 3. Loss of income during laid up period 33,000.00 4. Loss of future earning capacity 2,40,240.00 4. Loss of amenities 25,000.00 6. Attendant, conveyance, food and nourishment charges 30,000.00 Total 4,45,640.00 - 8 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 14. The Tribunal has awarded the compensation of Rs.2,84,680/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,60,960/- (Rs.4,45,640/- – Rs.2,84,680/-). 15. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.4755/2017 dated 21.11.2024 by the Court of XIII Additional Small Causes and ACJM and Additional, MACT, Bengaluru (SCCH-15), is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,60,960/- along with interest @ 6% p.a. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the - 9 - HC-KAR NC: 2026:KHC:15419 MFA No. 4102 of 2025 claimant is permitted to withdraw the entire amount along with interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE SSB