- 1 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 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. 3358 OF 2024 (MV-I) BETWEEN: YOGESH S/O. M. VENKATESH NOW AGED ABOUT 40 YEARS R/AT NO.64/A, 8TH MAIN 2ND CROSS, BEHIND GANESHA TEMPLE, NAGENDRA BLOCK, SRINAGAR, BANGALORE - 560 050. …APPELLANT (BY SRI RANGEGOWDA N.R., ADVOCATE) AND: 1. MUTHU KUMAR K. S/O. KALI MUTHU AGED MAJOR, R/AT NO.22 APPAYANA GARDEN DODDAMAVALLI BASAVANAGUDI BANGALORE - 560 004. 2. RELIANCE GENERAL INSURANCE COMPANY LTD. REP. BY ITS MANAGER NO.28, 5TH FLOOR CENTENARY BUILDING M. G. ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI B. PRADEEP, 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:8874 MFA No. 3358 of 2024 MODIFY THE JUDGMENT AND AWARD DATED 03.01.2024 PASSED IN MVC.NO.1530/2021 ON THE FILE OF XXI ADDITIONAL SMALL CAUSE JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH-23). 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 03.01.2024 passed in M.V.C.No.1530/2021 by XXI Additional Small Cause Judge and Motor Accident Claims Tribunal, Benglauru (for short, 'tribunal') claiming enhancement of compensation. 3. The injured claimant, who is aged about 38 years, has met with an accident on 13.02.2021 and filed the claim petition, seeking compensation. The tribunal after considering the facts and circumstances and evidence on record, has awarded compensation of Rs.7,26,800/- with interest at the rate of 6% per annum (excluding future - 3 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 medical expenses) from the date of petition till the date of realization. 4. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 5. Learned counsel for appellant-claimant contended that PW.3-Doctor has opined the disability to the extent of 41% to the left lower limb and 14% to the whole body, whereas the tribunal has assessed the disability at 10%, which is erroneous. He also contended that the interest component awarded by the tribunal is on the lower side, which requires to be enhanced. Hence, he seeks enhancement of compensation. 6. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. - 4 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 7. In the present case, the claimant was working as an Attender at Vijaya College and also working as a taxi driver and was earning an amount of Rs.25,000/- per month. But, he has not filed any income proof. As the accident was occurred on 13.02.2021, the tribunal has rightly taken the notional income as Rs.15,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 38 years as per Ex.P16-Aadhar card and Ex.P17-Driving Licence and the multiplier is taken as '15'. 8. The appellant-claimant has sustained the following injuries: i. Trimalluolar fracture left ankle. ii. Nasal bones fracture. iii. Fracture frontal sinus. iv. Lacerated wound 10 x 1 cm bone deep The said injuries are grievous in nature. 9. As per Ex.P11-discharge summaries indicates that the appellant-claimant was treated as an inpatient in - 5 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 the Rangadore Memorial Hospital, Bengaluru for the period from 13.02.2021 to 18.02.2021 and from 20.05.2021 to 22.05.2021. During the course of the treatment, the appellant-claimant had undergone following surgeries: "(i) ORIF left ankle under GA on 15.02.2021 and wound debridement + suturing of the laceraton + Closed reduction of nasal bone fracture under GA." 10. PW.3-Doctor has assessed the disability to the extent of 41% to the left lower limb and 14% to the whole body. He stated that fractures have completely healed and they are united. He also stated that there is no limping. He further stated that there is no cogent reasons given for the restriction mentioned for stability components and additional points but at the same, it is elicited that there is stiffness in the left ankle joint. Without considering all these aspects, the tribunal has assessed the disability at 10% towards functional disability. Therefore, considering the medical evidence on record, this Court finds it reasonable to take one-third of the physical disability - 6 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 assessed at 41% by PW.3–Doctor, which comes to 13.66% and the same is rounded off to 14%. Accordingly, the loss of future income due to disability comes to Rs.3,78,000/- (Rs.15,000/- x 12 x 15 x 14%). 11. The tribunal awarded Rs.3,01,000/- towards medical expenses as per Ex.P14 and it is confirmed. 12. Considering the nature of injuries sustained, period of hospitalization and other relevant factors, this Court deems it appropriate to award Rs.60,000/- towards pain and suffering. 13. The tribunal awarded Rs.40,000/- towards loss of future amenities and Rs.45,000/- towards loss of income during laid-up period, which do not call for interference and the same are retained. 14. Towards future medical expenses, PW.3 - Doctor has adduced in his oral evidence that Rs.60,000/- would be required for future medical expenses. Therefore, this - 7 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 Court deems it appropriate to award Rs.30,000/- under this head. 15. The compensation granted by the tribunal under the heads of attendant charges, extra nutritious food and conveyance charges is on the lower side. The same is enhanced to Rs.30,000/-. 16. 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 3,78,000-00 2. Medical expenses 3,01,000-00 3. Pain and suffering 60,000-00 4. Loss of amenities and happiness 40,000-00 5. Loss of income during laid-up period 45,000-00 6. Future medical expenses 30,000-00 7. Attendant charges, extra nutritious food and conveyance charges 30,000-00 Total 8,84,000-00 17. The Tribunal has awarded the compensation of Rs.7,26,800/- but the appellant-claimant is entitled to - 8 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 total compensation of Rs.8,84,000/-. Therefore, the appellant-claimant is entitled to enhanced compensation of Rs.1,57,200/- (Rs.8,84,000/- - Rs.7,26,800/-). 18. Accordingly, I pass the following: ORDER i. The appeal is allowed-in-part; ii. The judgment and award dated 03.01.2024 passed in M.V.C.No.1530/2021 by XXI Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,57,200/- 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, - 9 - HC-KAR NC: 2026:KHC:8874 MFA No. 3358 of 2024 the claimant is permitted to withdraw the entire amount along with interest accrued on it; iv. All other terms and conditions stipulated by the tribunal shall stand intact. Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 6