- 1 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.4566 OF 2024 (MVI) BETWEEN: SHRI. BHARANI C. S/O CHANDRAPPA, NOW AGED ABOUT 26 YEARS, NO.35, 2ND CROSS, 8TH MAIN ROAD, CHANNIGAPPA LAYOUT, KAMAKSHIPALYA, NEAR GANESHA TEMPLE, BASAVESHWARANAGARA, BENGALURU - 560 078. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTD., NO.186/7, GROUND FLOOR, 1ST CROSS, WILSON GARDEN, HOSUR ROAD, BENGALUR - 560 027 BY ITS MANAGER 2. MR. MAHALINGAPPA S. S/O SHIRIYANNA, Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 MAJOR (AGE R -2 NOT KNOWN TO APPELLANT), NO.138, MATHSAMUDRA, CHANNAMANA GHATHIHALLI, MAIN ROAD, NEAR WATER FILTER, CHITRADURGA – 577 538. …RESPONDENTS (BY SRI. RAVI SHANKAR S. SAMPRATHI, ADVOCATE FOR R1; V/O DT: 02.07.2025 NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2024 PASSED IN MVC NO.5437/2022 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 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 18.03.2024 passed in MVC No.5437/2022 on the file of III Additional Judge and Motor Accident Claims Tribunal, Court of Small Causes, - 3 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 Bengaluru, (SCCH-18), seeking enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/insrance company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 18.08.2022 and filed claim petition claiming compensation of Rs.12,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,80,905/- 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. 4. Learned counsel for the appellant/claimant mainly contended that the petitioner/injured was aged 24 years at the time of the accident and was working as a helper earning Rs.18,000/- per month. The petitioner examined the doctor as PW.3, who assessed the - 4 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 permanent physical disability for limb at 47% and 16% to the whole body but the Tribunal has taken the disability as 15%. He was admitted in the hospital for a period of 43 years in a span of one year on four occasions. He sustained grievous injuries and thus, requested for enhancement of compensation. 5. Learned counsel for the respondent No.1/Insurance Company stated that the Tribunal has considered all the aspects and granted reasonable compensation. 6. Though it is stated that the appellant/claimant was earning Rs.18,000/- per month, he has not filed any income proof. As the petitioner/claimant met with an accident in the year 2022, as per the chart prepared by the Karnataka State Legal Services Authority, his notional income has to be taken at Rs.15,500/- per month. The Tribunal has rightly considered his notional income as Rs.15,500/-. He was aged 26 years and the applicable multiplier is '17'. - 5 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 7. As per wound certificate at Ex.P6 and Ex.P7, the petitioner/injured sustained following injuries: "1) Laceration over forehead. 2) Abrasion and pain over right knee and leg. As per Ex.P7 Fracture right patella." Injury No.1 is simple in nature and injury No.2 is grievous in nature. 8. He also examined the doctor as PW.3 and he stated that petitioner sustained Right Patella fracture, took treatment in form of ORIF with TBW and it went to non- union and was operated for TBW, diagnosed to have infected non-union underwent debridement and stimulant application, noticed range of movements of knee and ankle restricted quadriceps wasting is seen, associated with pain on movements of knee and ankle difficulty to the daily activities including for using Indian toilets, united fracture with implants in situ and assessed the permanent physical disability for limb as 47% and to the whole body as 15.66=16%. - 6 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 9. Therefore, this Court finds it reasonable to take disability as 16% instead of 15% as taken by the Tribunal. This Court finds it reasonable to grant an amount of Rs.5,05,920/- (Rs.15,500/- x 12 x 17 x 16%) towards loss of future earning capacity. 10. The appellant-claimant was hospitalized for a period of 43 days. This Court finds it reasonable to grant Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges and he might not have attended any other work at least for a period of 4 months. Therefore, Rs.62,000/- (Rs.15,500/- x 4) is granted under the head loss of income during laid up period. And the Tribunal has granted Rs.1,33,205/- towards medical expenses and Rs.20,000/- for future medical expenses and it is confirmed. 11. Thus in all, compensation awarded by this Court are as below: - 7 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 Pain and Suffering : Rs. 75,000/- Loss of Amenities and discomfort : Rs. 50,000/- Medical expenses : Rs. 1,33,205/- Towards transportation, extra nourishment and attendant charges : Rs. 40,000/- Loss of income during laid up period : Rs. 62,000/- Loss of future earning capacity : Rs. 5,05,920/- Future medication : Rs. 20,000/- TOTAL : Rs. 8,86,125/- Hence, the appellant-claimant is entitled for a total compensation of Rs.8,86,125/- along with interest at the rate of 6% p.a. 12. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 18.03.2024 passed in MVC No.5437/2022 by III Addl. Small - 8 - HC-KAR NC: 2026:KHC:12992 MFA No. 4566 of 2024 Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-19), is modified. iii. The claimant is entitled for a sum of Rs.8,86,125/- along with interest at 6% p.a. as from the date of petition till the date of realization, instead of Rs.7,80,905/- granted by the Tribunal. iv. Respondent No.2/Insurance Company has deposited the award amount before the Tribunal and they are directed to deposit the enhanced compensation of Rs.1,05,220/- with interest at the rate of 6% p.a., within one month from the date of receipt of the certified copy of this order. v. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 65