- 1 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4711 OF 2025 (MV-I) BETWEEN: AKASH S /O PRAKASH, AGED ABOUT 23 YEARS, OCC: NIL, R/AT BRAHMIN STREET, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DIST.- 562 112. …APPELLANT (BY SRI. SHARADAMBA A R., ADVOCATE) AND: 1. R VASANTHA W/O RANGANATHA, AGE-MAJOR, OCC.-NOT KNOWN, R/AT BRAMHANARA BEEDI, HAROHALLI, KANAKAPURA TALUK, RAMANAGARA DIST.,-562 112. 2. HDFC ERGO GENERAL INSURANCE CO.LTD., NO.25/1,2ND FLOOR BUILDING, M.G.ROAD, BENGALURU-01. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2, V/O DATED 04.07.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.22.03.2025 PASSED IN MVC NO.4615/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 22.03.2023 passed by the Chief Judge, Court of Small Causes, Member, Principal MACT, Bengaluru, in MVC No.4615 of 2023. 2. The injured claimant, aged 21 years, met with an accident on 21.01.2023, and filed a claim application claiming compensation of Rs.20,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.3,07,854/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal and mainly contended that he sustained fractures that are grievous in nature. Exhibit P.4 is the wound certificate. Doctor assessed the permanent disability of 85% to the limb, i.e. 42.5% to the whole body. But, the Tribunal has - 3 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 not granted any amount under the head loss of future earning capacity and the amounts granted under the other heads are meager. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel of parties. 5. Petitioner filed Exhibit P4-wound certificate and also Exhibit P8-discharge summary and other medical records. Apart from that, he examined the doctor as P.Ws.2 and 3. P.W.3, in his evidence, has stated that petitioner, aged 22 years, met with an accident and came to him complaining of : • Weakness in both lower limbs, left is more than right lower limb. • Stiffness in the back • Difficulty in Walking • Difficulty in attending to his normal routine work and sought treatment and also to assess the disability due to injuries that she had sustained in an RTA on 21-01-2023. 6. The doctor further stated that he verified wound certificate and discharge summary and stated that the petitioner sustained Injury to Spinal column when the car in which he was travelling toppled near Malavalli and had Fracture of L1 Vertebra and card compression with D11 superior and - 4 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 plate Fracture. He was operated at Sanjay Gandhi Institution of Trauma & Orthopaedics with stabilization and pedicle screw fixation and decompression. He was discharged on 31.01.2023. He was advised for follow-up. On examination, he found the following: • Walks with limp. • Walks with guarding. • Drags the left foot while walking. • Cannot walk faster and run. • Difficulty in climbing stairs. • Not able to carry weight. • Not able to lift weight. • Not able to bend forward, backward & sideward. 7. The doctor also stated that, on going through X-ray, it showed stabilization of Dorso-lumbar spine with pedicle screws and with connecting rods present and with decompression of the spinal card. Left Ankle shows Fracture union of both Malleoli with diminished ankle movements. Thus, the doctor has assessed disability of the limb as 85% and that of the whole body as 42.5%. The Tribunal has taken notional income of the petitioner-claimant as Rs.16,000/- per month for awarding compensation under the head loss of income during laid up period, and as the accident is of the year 2023, the said amount is confirmed. Considering medical evidence on record, - 5 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 this court finds it reasonable take one third of 85% disability as 28%. As the disability is more than 20%, petitioner is entitled for future prospects as per the judgment in the case of New India Assurance Company Limited Vs. Abdul, son of Mehaboob Tahasildar and Others (M.F.A. No.103807/2016 c/w. M.F.A. No.103835/2016 decided on 27.05.2022). Petitioner was aged 21 years at the time of accident. Therefore, he is entitled for 40% towards future prospects. Thus, loss of future earning capacity comes to Rs.13,54,752/- (16,000 + 40% x 12 x 18 x 28%).
Tribunal granted Rs.16,854/- towards medical expenses and it is confirmed. 9. Petitioner was admitted in the hospital for a period of 11 days. Considering the nature of injuries, period of hospitalisation, his occupation and other relevant factors, the amounts granted by the Tribunal under the heads pain and suffering, loss of amenities and loss of income during the laid up period, are confirmed. However, the compensation under the head transportation, extra nourishment and attendant charges is enhanced to Rs.30,000/-. - 6 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 10. Learned counsel for the petitioner contended that the petitioner was aged 21 years at the time of the accident. Petitioner is not still married and requested to grant an amount under the head the loss of future prospects of marriage. Considering the nature of injury sustained by him and the disability assessed by this Court at 28%, no amount can be granted under the said head. 11. Thus, in all, the claimant is entitled for the compensation of Rs.16,77,606/- with interest at 6% per annum as against Rs.3,07,854/- awarded by the Tribunal. 12. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 13,54,752/- 2. Medical expenses 16,854/- 3. Pain and Suffering 1,00,000/- 4. Loss of amenities 80,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 96,000/- Total 16,77,606/- - 7 - HC-KAR NC: 2026:KHC:22388 MFA No. 4711 of 2025 13. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The Claimant is entitled for the total compensation of Rs.16,77,606/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.13,69,752/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 74