- 1 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7644 OF 2025(MV-I) BETWEEN: 1. ESHWAR S/O CHIKKANNA AGED ABOUT 49 YEARS R/AT 35, MANCHEGOWDANA KOPPALU HEBBAL, MYSURU CITY-570 019. …APPELLANT (BY SRI. SREENIVASAN M.Y., ADVOCATE) AND: 1. LEELA T.V. W/O NAGARAJU MAJOR R/AT KANAKAPURA ROAD BEHIND GANESH COLLEGE OKKALAGIRI PETE MALAVALLI TOWN & TALUK MANDYA DISTRICT-571 430. 2. THE BRANCH MANAGER ACKO GENERAL INSURANCE CO. LTD. NO.36/5, HUNSTLEHUB ONE EAST 27TH MAIN ROAD, SECTOR 2 HSR LAYOUT, BENGALURU-560 102. …RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATER FOR R2; VIDE DATED 03.02.2026 NOTICE TO R1 IS DISPENSED WITH) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.6.2025 PASSED IN MVC NO.1364/2023 ON THE FILE OF THE COURT OF PRL.SMALL CAUSES AND SENIOR CIVIL JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed against the award of the tribunal in M.V.C.No.1364/2023 dated 11.06.2025. The injured/claimant met with an accident on 25.06.2023 and filed the claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considered the entire evidence on record and granted an amount of Rs.4,77,600/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the - 3 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 said judgment and award, the appellant preferred this appeal seeking enhancement and mainly contended therein that the doctor assessed the disability as 25% to the right lower limb. But the tribunal has considered only 10% which is on lower side. He was inpatient for 15 days and has sustained amputation of the right leg, but the amounts granted under the other heads are meagre. Therefore, requested for enhancement of the compensation. Learned counsel for respondent no.2 stated that the doctor assessed the disability as 24% and Tribunal has rightly considered 10% and it needs no interference. 3. Though it is stated that the appellant was a mason and earning Rs.20,000/- per month, he has not filed any proof to that effect. As he met with an accident in the year 2023, Tribunal has rightly taken his notional income as Rs.16,000/- per month and he was aged 47 years and the multiplier is 13. The appellant examined doctor as PW2 and he has stated that it is a case of amputation of right foot and assessed disability of the right lower limb as 24%. But the Tribunal observed that the amputation is not due to the injury sustained in the accident - 4 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 but it is due to gangrene formed as appellant was diabetic and accordingly has taken the disability as 10%. The reasoning of the Tribunal for reducing the disability is not on proper appreciation of facts. The appellant sustained injuries in the accident, but as he was diabetic, there was gangrene formation and it led to amputation of the right foot. Therefore this Court finds it reasonable to take the disability as 15%, therefore, the loss of future earning capacity comes to Rs.3,74,400/- (Rs.16,000x12x13x15%). Tribunal granted Rs.1,26,000/- towards medical expenses and it is confirmed. He was hospitalised for 15 days, therefore considering the nature of injuries, hospitalisation and other related factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The appellant might not have attended any other work at least for three months. Therefore, Rs.48,000/- (Rs.16,000/-x 3) is awarded under the head loss of income during paid-up period. Thus, in all components awarded by this Court are as below: - 5 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 Sl. No. Particulars Amount (Rs.) 1. Towards pain and sufferings Rs.50,000/- 2. Towards Medical expenses Rs.1,26,000- 3. Towards diet, food, nourishment, attendant and conveyance charges Rs.30,000/- 4. Towards loss of future earning capacity Rs.3,74,400/- 5. Loss of income during laid up period Rs.48,000/- 6. Towards loss of amenities Rs.30,000/- Total Rs.6,58,400/- Tribunal awarded Rs.4,77,600/- Enhanced amount Rs.1,80,800/- 4. Therefore, the compensation is enhanced to Rs.6,58,400/- as against the compensation awarded by the Tribunal with interest at the rate of 6% per annum. 5. The insurance company has already deposited the awarded amount before the Tribunal. Therefore, respondent no.2 is directed to deposit the enhanced compensation of Rs.1,80,800/- with interest at the rate of 6% per annum. 6. In the result, I pass the following: - 6 - HC-KAR NC: 2026:KHC:8951 MFA No. 7644 of 2025 O R D E R i. Miscellaneous First Appeal allowed in-part. ii. Judgment and award dated 11.06.2025 passed in M.V.C.No.1364/2023 on the file of Principal Small Causes and Senior Civil Judge & MACT, Mysuru is modified; iii. The appellant-claimant is entitled for enhanced compensation of Rs.1,80,800/- along with interest at the rate of 6% per annum from the date of petition till the date of realization; iv. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation of Rs.1,80,800/- with interest at the rate of 6% per annum within one month from the date of this order; v. On such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same; SD/- (P SREE SUDHA) JUDGE PGG List No.: 1 Sl No.: 49