Amith, v. Smt. Shamala.M

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5091 OF 2026 (MV-I) BETWEEN:

AMITH S/O NARASIMHAIAH, NOW AGED ABOUT 22 YEARS, R/AT BANANDURU VILLAGE, ITTAMADU, RAMANAGARA TQ.DIST. …APPELLANT (BY SRI. N.R. RANGEGOWDA, ADVOCATE) AND:

¶1SMT. SHAMALA M. C/O MAHALINGAIAH, MAJOR, R/AT. NO.194, 1ST FLOOR, 3RD CROSS, ATTUR LAYOUT BUS STAND, ATTUR LAYOUT, YELAHANKA, BENGALURU - 560 064.

¶2THE MANAGER, HDFC ERGO, R/AT. NO.25/1, 2ND FLOOR, SHANKARANARAYANA BUILDING, BUILDING NO.2, M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2; VIDE ORDER DATED 24.06.2026, NOTICE TO R1 IS DISPENSED WITH)

by PADMASHREE SHEKHAR DESAI Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19/11/2025 PASSED IN MVC NO.3817/2023 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL AT BENGALURU, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated

19.11.2025 passed in MVC No.3817/2023 by the Chief Judge, Court of Small Causes and Principal MACT, Bengaluru.

¶2Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal.

¶3The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 03.05.2023 contending that the accident occurred due to rash and negligent driving by the driver of Car bearing registration No.KA-50-P-2960.

¶4The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars

Amount

¶1Medical expenses Rs. 1,32,000/-

¶2Loss of future income Rs. 5,18,400/-

¶3Transportation charges Rs. 10,000/-

¶4Nourishing food Rs. 10,000/-

¶5Loss of amenities Rs. 10,000/-

¶6Loss of income during the period of treatment Rs. 10,000/-

¶7Pain and suffering Rs. 10,000/-

Total Rs. 7,00,400/-

¶5The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till

realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation.

¶6Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer.

¶7The accident occurred on 03.05.2023 and as on the date of accident, the claimant was aged nineteen (19) years. Considering the said age, the Tribunal has rightly added multiplier '18'. The claimant has sustained the following injuries as per Ex.P5 - Wound Certificate:

a) Acute EDH with head injury

b) Displaced fracture of posteromedial inferior

calcaneum fracture, left ankle talus neck

fracture dislocation with bimalleolar

fracture.

¶8Considering the above said injuries, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.10,000/- requires to be enhanced

to Rs.70,000/- and loss of amenities awarded in a sum of Rs.10,000/- requires to be enhanced to Rs.60,000/-.

¶9The accident occurred in the year 2023 and notional income fixed for the said year by the Karnataka State Legal Services Authority is Rs.16,250/- and the said income is to be taken as against Rs.16,000/- taken by the Tribunal.

¶10The occupation of the claimant is agriculture. Considering the said fractures and injuries, he has to take rest atleast for three (03) months and therefore entitled to loss of income during laid up period in a sum of Rs.48,750/- (Rs.16,250/- X 03 months).

¶11The Tribunal has rightly taken disability at 15%. In view of the same, loss of future income is calculated as under:

Rs.16,250/-X 12 X 18 X 15% = Rs.5,26,500/-

¶12P.W.2 - Doctor has stated that the claimant has been fixed with implant and he has to undergo surgery for removal of the implant. Considering the same, the claimant is entitled to future medical expenses of Rs.30,000/-. The claimant has been admitted in hospital for twelve (12) days. Considering the same, the Tribunal has rightly awarded transportation charges in a sum of Rs.10,000/-, food and nourishment etc. in a sum of Rs.10,000/-.

¶13Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars

Amount

¶1Pain and sufferings Rs. 70,000/-

¶2Loss of amenities Rs. 60,000/-

¶3Loss of income during laid up period Rs. 48,750/-

¶4Transportation charges Rs. 10,000/-

¶5Food, nourishment etc. Rs. 10,000/-

¶6Medical expenses Rs. 1,32,000/-

¶7Future medical expenses Rs. 30,000/-

¶8Loss of future income Rs. 5,26,500/-

Total Rs. 8,87,250/-

¶14The claimant is entitled to total compensation of Rs.8,87,250/- as against Rs.7,00,400/- awarded by the Tribunal with interest.

¶15Consequently, the claimant is entitled to enhanced compensation of Rs.1,86,850/- (Rs.8,87,250/- - Rs.7,00,400/-) with interest at the rate of 6% per annum from the date of petition till realisation.

¶16Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest.

¶17In view of the above, the following:

ORDER

i) Miscellaneous First Appeal is allowed-in-part.

ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,86,850/- with interest at the rate of 6% per annum from the date of petition till realisation.

iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) The appellant/claimant is not entitled to interest on future medical expenses of Rs.30,000/-.

v) The appellant/claimant is entitled to release of entire enhanced compensation amount with interest.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

KLV List No.: 1 Sl No.: 7