- 1 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.5461 OF 2024(MV-I) BETWEEN: SHRI. NAVEEN KUMAR B.V., SON OF VENKATESHAPPA, NOW AGED ABOUT 26 YEARS, RESIDING AT BYRASANDRA VILLAGE, JANGAMAKOTTE HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT. …APPELLANT (BY SMT.SUSHMITHA G., ADVOCATE) AND: 1. SHRI. MANJUNATHA N, SON OF NARAYANASWAMY, MAJOR IN AGE, RESIDING AT KERE KODI RASTHE, VIJAYAPURA TOWN, BENGALURU RURAL DISTRICT. 2. UNIVERSAL SOMPO GENERAL INSURANCE CO.LTD., 3RD FLOOR, K.V.V.SMARAT, 217/A, 3RD MAIN, OUTER RING ROAD, KASTURINAGAR, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 BENGALURU - 560 043. REP. BY ITS MANAGER. …RESPONDENTS (BY SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH VIDE ORDER DATED 19.09.2024) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.01.2024 PASSED IN MVC NO.3511/2022 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-18, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal under Section 173(1) of the M.V. Act arises from the judgment and award dated 17.01.2024 passed by the Court of the III Addl. Small Causes Judge & A.C.M.M. Bengaluru, in M.V.C.No.3511/2022. - 3 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 2. The appellant/claimant, who sustained injuries in a road traffic accident on 24.05.2022 filed a claim petition under Section 166 of the Motor Vehicles Act, 1989, seeking compensation amount of Rs.20,00,000/-. The Tribunal awarded a total compensation of Rs.8,87,122/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Being dissatisfied with the quantum of compensation, the claimant is before this Court. 3. Heard the learned counsel for the appellant and the respondent - Insurance Company and perused the trial Court records. 4. It is mainly contended that though the petitioner examined the doctor as PW-2, who assessed the disability at 38%, to the right upper limb and physical orofacial disability and disfigurement with respect to mandibular fracture 20% and to the whole body at 39% but the Tribunal erred in taking the disability at only 15%. - 4 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 Therefore, requested for enhancement of the compensation. 5. The learned counsel for the respondent-Insurance company has stated that the Tribunal has considered the material aspects and has rightly taken the disability and the same does not call for interference. 6. Though it is contended that the claimant was aged about 23 years and was a mason and was earning Rs.20,000/- per month, no documentary evidence has been produced to substantiate the same. In the absence of proof of income, the Tribunal has rightly considered the notional income at Rs.15,500/- per month for the accident occurred in the year 2022, as per the chart prepared by Karnataka State Legal Services Authority and multiplier is taken at '18'. 6. Admittedly, the claimant sustained following injuries: 1] Grade II liver injury, - 5 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 2] Right arm fracture of shaft of humerus, 3]#Maxilla, # Mandible. He underwent surgery in the form of: On 27.05.2022- ORIF with LC DCP for right Humerus On 01.06.2022- ORIF with Mandible and Maxilla. Pain and difficulty in using [Rt] upper limb for activates of daily living. H/o. inability to lift weight and carry out over head activities. H/o. inability to work as a Mason. O/E.: - Wasting of [Rt] shoulder girdle and upper limb is seen. - Surgical scars and Keloid are seen over [Rt] shoulder and Arm. - Puffiness of [Rt] sided face is seen. His recent X-Ray No.37715 / 26.10.2023 shows:- United # Shaft Humerus with implants in situ. 7. As per evidence of P.W2, the claimant has sustained injury causing total disability of right upper limb at 38% and to the whole body at 19% . The Tribunal erred in taking the same as 15% without any basis and it is to be taken as 1/3rd if 38% is 19%. Therefore, loss of future - 6 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 earning capacity comes to Rs. 6,36,120/- (Rs.15,500 X 12 X 18 X 19%). 8. The Tribunal has awarded Rs.2,09,422/- towards medical expenses, which is confirmed. The petitioner was hospitalized for a period of 11 days. Considering the nature of the injuries, period of hospitalization and other relevant factors, this Court finds it reasonable, Rs.40,000/- towards loss of amenities and Rs.40,000/- towards transportation, extra nourishment, and attendant charges. Rs.70,000/- towards pain and suffering awarded by the Tribunal is confirmed. The petitioner might not have done any other work at least for a period of 2 months. Therefore, Rs.46,500/- (15,500x3) is to be granted under the head loss of income during laid up period. Rs.50,000/- towards future medical expenses. 9. Thus in all, compensation awarded by this Court is as below: - 7 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 10. Hence, the appellant-claimant is entitled for a total compensation of Rs. 10,92,042/- along with interest at the rate of 6% p.a. 11. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.01.2024 passed by the Court of the III Addl. Small Causes Judge & A.C.M.M. Bengaluru, in M.V.C.No.3511/2022 is modified. Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 70,000/- 2 Towards medical expenses 2,09,422/- 3 Towards loss of amenities 40,000/- 4 Towards transportation, extra nourishment and attendant charges 40,000/- 5 Towards loss of income during laid up period 46,500/- 6 Towards loss of future earning capacity 6,36,120/- 7 Towards Future Medical Expenses 50,000/- Total 10,92,042/- - 8 - HC-KAR NC: 2026:KHC:16506 MFA No. 5461 of 2024 iii. The claimant is entitled to a sum of Rs. 10,92,047/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,87,122/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.2,04,920/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, the claimant is permitted to withdraw the same along with accrued interest on it. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 66