- 1 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4491 OF 2025 (MV-I) BETWEEN: SRI B SATHISH KUMAR S/O S. BHANUPRAKASH, AGED ABOUT 40 YEARS, R/AT NO.1720/1 N.M.C., 5TH CROSS, NEAR GOVT COLLEGE, HOSAMANE, BHADRAVATHI-577245 SHIVAMOGGA. …APPELLANT (BY SRI. JAGADEESH H T., ADVOCATE) AND: 1. THE MANAGER K.S.R.T.C. SHANTHI NAGAR, DOUBLE ROAD, BANGALORE- 560027. 2. SRI SYED CHAND PASHA, S/O SYED BUDEN SAB, MAJOR, R/AT M.S. ROAD LINES, JAYARAM LAYOUT SOMPURA HOBLI, NELAMANGALA TALUK-562123 BENGALURU RURAL DISTRICT. Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 3. THE MANAGER, HDFC GENERAL INSURANCE CO, LTD., OFFICE AT NO. 108, OFF KH ROAD, 1ST CROSS, RRMR EXTENSION, LALBAGH ROAD, BANGALORE-560027. …RESPONDENTS (BY SRI. F.S.DABALI, ADVOCATE FOR R1; SRI. B.PRADEEP, ADVOCATE FOR R3; V/O DT 11/03/2026, NOTICE TO R2 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 12.12.2024 PASSED IN MVC NO. 840/2021 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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 This appeal is filed by the appellant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 12.02.2024 passed in MVC No.840/2021, by VII - 3 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 Additional Senior Civil Judge, and ACMM, Member MACT-3, Bengaluru, for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondents No.1 and 3 KSRTC and the Insurance Company. Notice to respondent No.2 is dispensed with. 3. The status of the parties before the Tribunal is retained for the sake of convenience. 4. The petitioner/injured claimant met with an accident on 21.09.2020 and filed claim petition before the Tribunal claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,42,339/- 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. 5. It is the case of injury. The petitioner was aged 37 years, was doing silver work in Vinaya Silver Work, Avenue Road, Bengaluru and was earning salary of Rs.15,000/- per month. But he has not filed any material to prove his income. - 4 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 As he met with an accident in the year 2020, his notional income is to be taken as Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 37 years and the multiplier is taken as '15' 6. As per the evidence of PW2-Orthopedic Surgeon, the petitioner sustained disability of 15% to the whole body and he suffered 46% disability to left arm and in his examination he has stated that: "the petitioner sustained left humerus segmental fracture with radial nerve palsy. The petitioner complains of weakness and pain in the left arm, unable to lift weights and do any work in the left upper limb. On examination the petitioner has wasting of the left arm muscles, restricted left shoulder and elbow movements. The recent X-ray of the left humerus shows united fracture with implant in situ." 7. P.W.2, further stated that there was slight improvement in the condition of the petitioner from the date of accident till discharge, and when verified the wound certificate and discharged summary, there was loss of mobility and stability component, but stability component is average, and the petitioner can now perform his routine activities with some - 5 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 difficulty and the Tribunal observed that no disability certificate was issued and accordingly it has taken the disability as 10%. 8. Considering the nature of the injuries and the evidence of PW2, this court finds it reasonable to rely upon the medical evidence and to consider the disability as 1/3rd of 46%, which comes to 15%. The order of the Tribunal in considering the disability to 10% is without any basis and is setaside. The loss of future earning capacity comes to Rs. 3,91,500/- (14,500 x12x15x15%) 9. The claimant was hospitalized for a period of 8 days and as per the Bills produced at Exs.P.9, P10, P12 and P13, the Tribunal has granted medical expenses of Rs.53,969/- and it is confirmed. 10. Considering the nature of injuries sustained by the claimant, Rs.50,000/- is granted towards pain and suffering. 11. Rs.30,000/- is granted towards loss of amenities and Rs.30,000/- towards Transportation, extra nourishment and attendant charges. - 6 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 12. He might have not attended any other work at least for a period of 3 months, therefore, this court finds it reasonable to grant an amount of Rs.14,500 x 3 = Rs.43,500/- towards loss of earnings during the laid-up period, and, this Court also finds it reasonable to grant an amount of Rs.40,000/- towards, loss of future medical expenses. 13. Thus in all, award of compensation passed by the Tribunal is modified as under: Particulars Amount in Rs. Loss of future income 3,91,500.00 Medical expenses 53,969.00 Pain and suffering 50,000.00 Loss of amenities 30,000.00 Food and nourishment attendant and transportation charges 30,000.00 Loss of earning during laid up period) 43,500.00 Future Medical expenses 40,000.00 Total 6,38,969.00 - 7 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 14. Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.6,38,969/- along with interest as prayed for 6% p.a. as against already awarded by the Tribunal. 15. In the result, the following order is passed: ORDER i. Appeal is allowed in part. ii. The judgment and award dated 22.06.2012 passed in MVC No.1607/2011 by 9th Additional Senior Civil Judge, Member MACT-7, Court of Small Causes, Bengaluru is modified; iii. The claimant is entitled to a sum of Rs. 6,38,969/- along with interest at 6% p.a from the date of petition till the date of realization as against Rs. 3,42,339/-. iv. The Tribunal has observed that it is a case of contributory negligence and assessed the negligence of Respondent No.1 and Respondent No.3 in the ratio of 50% to each of them. Therefore, Respondent No.1 and Respondent No.3 are directed to deposit the enhanced compensation of Rs.2,96,630/- by each of them within 1 month from the date of this Order. - 8 - HC-KAR NC: 2026:KHC:15649 MFA No. 4491 of 2025 v. On such deposit, petitioner is permitted to withdraw the entire amount along with accrued interest. vi. From the compensation to be paid by Respondent No.1, Rs.5000/- is to be deducted, as they already paid the said amount for medical expenses prior to the filing of the claim petition. vii. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay and Draw award accordingly. Sd/- (P SREE SUDHA) JUDGE HR List No.: 1 Sl No.: 47