- 1 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1407 OF 2024 (MV-I) BETWEEN: MR. SHIVA KUMAR S S/O SUBBAIAH, AGED ABOUT 42 YEARS, R/O KANNURHALLI ROAD, AMBEDKAR COLONY, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114. …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S TATA AIG GENERAL INSURANCE CO. LTD., BY ITS MANAGER, MOTOR CLAIMS HUB, NO.69, 2ND FLOOR, JP AND JAMBUKESHWAR ARCAE, NEAR ICICI FIRST SQUARE, MILLER ROAD, BENGALURU - 560 052. 2. MR. VENUGOPAL S/O NANJUNDAPPA JAYARAM ADUR, NO.90, NAKSHATRA NILAYA, ADUR, VIRGONAGAR POST, BENGALURU - 560 049. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A, ADVOCATE FOR SRI. B. PRADEEP, ADVOCATE FOR R1; SRI. PRATHAP KUMAR K.S, ADVOCATE FOR R2) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.05.2023 PASSED IN MVC NO.3997/2021 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, COURT OF SMALL CAUSES, MAYO HALL UNIT, BENGALURU (SCCH-19), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 18.05.2023 passed in MVC No.3997/2021 on the file of the XV Additional Small Causes Judge & XXIII ACMM, Court of Small Causes, Mayo Hall Unit, Bengaluru, (SCCH-19), seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for the respondents. The - 3 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 11.08.2021 and filed petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.9,45,200/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured sustained fractures, which are grievous in nature. But the Tribunal has granted meagre amounts under other heads. The petitioner was aged 39 years and was working as a carpenter, earning Rs.1,000/- per day. But the Tribunal has taken a meagre income of Rs.16,000/- per month and has assessed the disability at 18%. It is further contended that interest is to be granted at the rate of 12% per annum. Therefore, requested for enhancement of the compensation. - 4 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 4. Learned counsel for the respondents stated that the Tribunal has rightly considered the disability at 18% and the same is to be confirmed. The amounts awarded by the Tribunal under other heads are also reasonable. 5. Though the petitioner stated that he was earning Rs.1,000/- per day, he has not filed any income proof. As he met with an accident in the year 2021, his notional income is to be taken as Rs.15,000/- per month, as per the chart preferred by the Karnataka State Legal Services Authority. The petitioner was aged 39 years and the relevant multiplier is ‘15’. Ex.P.5 is the wound certificate and Ex.P.7 is the discharge summary. The petitioner also examined an Orthopedic Surgeon as PW.2 and he stated that the petitioner sustained a head injury with fractures of both legs (both bone fractures) and was treated with CRIF with IMIL nail for both legs. He was on regular follow-up and the fractures have united. Based on the recent X-rays of both legs shows united fractures with implants in situ. The doctor assessed the physical disability - 5 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 of the right lower limb at 38% and that of the left lower limb at 43% and the whole body disability at 25%. He also stated that the petitioner requires another surgery for removal of the implants and estimated the cost of the surgery at Rs.60,000/-. In the cross-examination, he stated that he is not a treated doctor and has not gone through the case sheet and follow-up records and the fractures have united. He further stated that there is no injury to the hip, knee and ankle joints. He advised physiotherapy and implant removal. Considering the medical evidence and as there is shortening of limb for half inch, this Court finds it reasonable to take the disability at 22%. As the petitioner has sustained more than 20% disability, in view of the decision of this Court in New India Assurance Company Vs. Abdul S/o. Mehaboob Tahasildar and Others in MFA No.103807/2016, dated 27.05.2022, he is entitled to future prospects. The petitioner was aged 39 years. Therefore, he is entitled to 40% towards future prospects. - 6 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 Accordingly, the loss of future earning capacity comes to Rs.8,31,600/- (15,000 + 40% × 12 × 15 × 22%). The Tribunal has granted a sum of Rs.2,25,768/- towards medical expenses, which is confirmed. The petitioner was hospitalized for a period of 8 days. Considering the nature of injuries, period of hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.30,000/- towards loss of amenities and Rs.30,000/- towards transportation, extra nourishment and attendant charges. The petitioner might not have done any other work at least for a period of 4 months. Therefore, a sum of Rs.60,000/- (15,000 × 4) is awarded under the head of loss of income during the laid-up period. A sum of Rs.50,000/- has already been granted towards future medical expenses, which is confirmed. 6. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.13,02,368/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 75,000/- 2 Towards medical expenses 2,25,768/- 3 Towards transportation, extra nourishment and attendant charges 30,000/- 4. Towards loss of amenities 30,000/- 5 Towards loss of income during the laid up period 60,000/- 6 Towards future medical expenses 50,000/- 7 Towards loss of future earning capacity 8,31,600/- Total 13,02,368/- - 8 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 ii. The judgment and award dated 18.05.2023 passed in MVC No.3997/2021 on the file of the XV Additional Small Causes Judge & XXIII ACMM, Court of Small Causes, Mayo Hall Unit, Bengaluru, (SCCH-19), is modified. iii. The claimant is entitled to a sum of Rs.13,02,368/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.9,45,200/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit enhanced compensation of Rs.3,57,168/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:20325 MFA No. 1407 of 2024 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. vi. On 10.04.2026, the delay of 158 days is condoned by this Court on the condition that the claimant will not be entitled for the interest in case of enhancement. Hence, respondent No.1 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 17