- 1 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.97/2020 (MV-I) BETWEEN: SRI. PRAKASH S/O LATE VENKATASWAMY AGED ABOUT 39 YEARS R/AT. BALAGERE VILLAGE GATTAMADHAMANGAL POST KYASAMBALLA HOBLI BANGARPET TALUK, KOLAR DISTRICT-563 122. …APPELLANT (BY SMT. SUGUNA R. REDDY, ADV.,) AND: 1. AFSAR PASHA S/O HASAN SAB R/AT. NO.21, 12TH CROSS 4TH MAIN, VENKATESHWARA LAYOUT OLD MADIVALA, BOMMANAHALLI BENGALURU-560060. THE BRANCH MANAGER BHARATI AXA GENERAL INS. CO. LTD. [V/O/DTD: 27.11.2023, DELETED] 2. THE BRANCH MANAGER ICICI LOMBORD GENERAL INSURANCE COMPANY LTD., 9TH FLOOR, THE ESTATE 121, DICKENSON ROAD, M.G. ROAD BENGALURU-570048. [CAUSE TITLE AMENDED] …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 (BY SRI. S. KRISHAN KISHORE, ADV., FOR R2 R1 SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.22.12.2018 PASSED IN MVC NO.5297/2015 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU (SCCH-4), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant seeking for higher compensation challenging the judgment and award dated 22.12.2018 passed in MVC.No.5297/2015 by the Member MACT and Additional Small Causes Judge, Bengaluru (SCCH-4), (for short 'Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Smt.Suguna R. Reddy, learned counsel appearing for the appellant submits that the Tribunal has - 3 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 erred in assessing the disability at 5%, which is contrary to the oral testimony of PW2 and other medical evidence available on record. It is submitted that PW2 has clearly deposed before the Tribunal that the appellant is facing difficulty in squatting and sitting cross-legged. In view of the said condition, it is very difficult for the appellant to continue his vocation, hence, she seeks to reassess the disability afresh based on the evidence available on record. It is further submitted that the award of compensation under all other heads is also required to be reassessed by considering the oral evidence of PW2, discharge summary at Ex.P11 and also keeping in mind that the appellant was hospitalized on two occasions and underwent two surgeries and remained an inpatient for a period of 9 days. Hence, she seeks to allow the appeal. 4. Per contra, Sri.S.Krishna Kishore, learned counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the assessment of disability by the doctor at 30% pertains - 4 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 only to the particular limb. Taking the same into consideration, the Tribunal has justified in assessing the disability at 5%. It is submitted that the award of compensation by the Tribunal under all other heads is just and fair and does not call for any enhancement and seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and perused the material available on record. 6. The parties to the proceedings do not dispute that in a road accident dated 16.11.2015, the appellant sustained following fractures as it is evident from Ex.P3, wound certificate: "Comminuted fracture of lateral malleolus left with fracture medical medial maleolus. (Bimalleolar fracture with ankle dislocation of left leg)" 7. In order to prove the disability, the appellant examined himself as PW1, also examined Dr.K.L.Naveen Kumar as PW2 and produced the medical records such as - 5 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 the wound certificate, discharge summary, disability certificate and other medical records. The PW2 has clearly deposed before the Tribunal that on examining the appellant, he has noticed that the appellant is facing difficulty in squatting, sitting cross-legged and climbing the stairs. The said opinion of the doctor has been reproduced by the Tribunal under the head of disability. Taking into consideration the said aspect and taking note of the oral testimony of PW2, the discharge summary and the disability evaluation report at Ex.P15, I am of the considered view that it would be appropriate to reassess the disability at 10% for the purpose of determination of compensation. It is not in dispute that the appellant was aged about 39 years at the time of the accident; hence, the appropriate multiplier would be 15, which has been rightly considered by the Tribunal. Having reassessed the disability of the appellant/claimant, the appellant is entitled to the compensation under the head of loss of future income due to disability as under: - 6 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 Rs.10,000 X 12 X 15 X 10% = Rs.1,80,000/-. 8. The Tribunal awarded a sum of Rs.52,000/- towards medical expenses and Rs.40,000/- towards loss of income during the laid up period, which remains unaltered. Having reassessed the disability and also considering the nature of treatment provided to the appellant, I am of the view that the compensation awarded by the Tribunal under the other heads is required to be reassessed appropriately. Thus, the appellant is entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Pain & suffering 50,000 Loss of amenities 40,000 Medical expenses 52,000 Loss of income during laid-up period (Rs.10000 X 4) 40,000 Loss of future income due to disability 1,80,000 Towards food, nourishment, conveyance and attendant charges 25,000 Total 3,87,000 - 7 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 Thus, the appellant-claimant shall be entitled to total compensation of Rs.3,87,000/- as against Rs.2,42,000/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.3,87,000/- as against Rs.2,42,000/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company shall deposit the enhanced compensation amount with - 8 - HC-KAR NC: 2026:KHC:13310 M.F.A. No.97/2020 accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 8