- 1 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T MISCELLANEOUS FIRST APPEAL NO. 478 OF 2019 (MV-I) BETWEEN: 1. SRI ASHOK P S/O LATE PARAMESHWARAPPA H M AGED ABOUT 54 YEARS R/AT 1447, SANJERAVI ROAD C & D BLOCK, KUVEMPUNAGAR MYSURU-570023. …APPELLANT (BY SRI. SRIDHAR A G., ADVOCATE) AND: 1. IBRAHIM S/O BABA JAN AGED ABOUT 46 YEARS R/AT ERAPURA VILLAGE BHADRAVATHI SHIMOGA DISTRICT-577301. 2. NAGARAJE GOWDA S/O DODEGOWDA AGED ABOUT 54 YEARS R/AT NO.43,KOMORANAHALLI BHADRAVATHI TALUK SHIVAMOGA DISTIRCT-577301. 3. UNITED INDIA INSURANCE CO. CHENAGIRI ROAD Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 BHADRAVATHI TOWN SHIVAMOGA DISTRICT-577301 4. K SATEESHA S/O KESHVEGOWDA NO.184, 12TH MAIN K H ROAD, KUVEMPUNAGAR MYSURU-570023. 5. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. SUNDARAM TOWERS 46 WHITES ROAD, ROYAPETTAH CHENNAI-600014. …RESPONDENTS (BY SRI. ANUP SEETHARAM RAO, ADVOCATE FOR SRI. B. C. SEETHARAMA RAO, ADVOCATE FOR R3; SRI. JAGADEESH P, ADVOCATE FOR R4, SRI. PRADEEP, ADVOCATE FOR R5; R1 - SERVE AND UNREPRESENTED; V/O/D 06.08.2025 NOTICE TO R2 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/07/2018, PASSED IN MVC NO.979/2013, ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES AND MACT, MYSURU, 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 MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T - 3 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard the learned counsel for the appellant - claimant and learned counsel for the respondents. 2. The appellant - Claimant has filed this appeal for enhancement of compensation being aggrieved by the judgment and award dated 23.07.2018 passed in M.V.C. No.979/2013 by the Motor Accidents Claims Tribunal and Addl. Small Causes and Senior Civil Judge, Mysuru. 3. For the sake of convenience, the parties herein shall be referred to in terms of their status before the Tribunal. 4. Brief facts of the case are that on 13.08.2012 at about 1:30 P.M., when the claimant was traveling in a Maruthi Alto Car bearing Registration No.KA-09-T-4028 to Shivamogga near Chegalachagere Village on Arashikere - Channarayapatna road, a lorry bearing Registration No.KA- 20-6916 driven by its driver came in a rash and negligent - 4 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 manner from the opposite side and dashed against the Maruthi Alto Car, due to which, the claimant has sustained injuries. Hence, he had filed claim petition before the tribunal under Section 166 of the Motor Vehicles' Act and claimed compensation on various heads. The tribunal allowed the claim petition in part. Being aggrieved by the impugned award, the claimant is before this court. 5. Learned counsel for the appellant-claimant has contended that the Tribunal has granted meager compensation by considering the notional income of the appellant at Rs.6,000/- per month. In fact, the appellant was aged about 48 years and he was working as an agriculturist and was also a business man and prior to the accident, his income was more than Rs.20,000/- per month. Further, the Tribunal has granted meager compensation under head 'Pain and Sufferings'. The claimant sustained two fractures and four simple injuries. The appellant - claimant has suffered permanent physical and functional impairment of 29% of disability to his limb and body. However, the Tribunal has taken 10% to the whole body which is on lower side. Further - 5 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 the Tribunal has not granted fair compensation under the head 'Loss of Amenities' and 'Loss of income during laid up period'. Hence, he prays to allow the appeal. 6. Sri. B.C. Seetharam, learned counsel for respondent No.3 and Sri. B. Pradeep, learned counsel for respondent No.5 vehemently contended that the Tribunal considering the materials available on record has granted fair and reasonable compensation under all heads and hence, prays for dismissal of the appeal. 7. We have perused the judgment passed by the Tribunal. 8. The Tribunal has considered the notional income of the deceased at Rs.6,000/- per month. 9. Taking note of the Circular issued by the Karnataka Legal Services Authority as well as the High Court Legal Services Committee, Bengaluru, we deem it appropriate to reassess the notional income of the deceased at Rs.8,000/- per month, for the accident of the year 2012. - 6 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 10. The Tribunal awarded compensation of Rs.6,66,000/- towards ' Medical Expenses' and nourishment'; which is fair and reasonable one. The tribunal granted Rs.24,000/- towards ' Loss of Income during laid up period' considering the notional income at Rs.6,000/- per month for a period of 4 months. Since the accident is of the year 2012 it is appropriate to consider the notional income of the appellant - claimant at Rs.8,000/- and hence, we granted Rs.32,000/- as compensation towards 'Loss of Income during laid up period'. 11. The Tribunal awarded compensation of Rs.40,000/- towards 'Pain and Sufferings'. As per the wound certificate, the appellant - claimant has suffered following injuries: 1. Head Injury Cerebral Odema SAH 2. Commmunited Fracture of Humerus Lower End Type 1 3. Right Hip Acetebulam Fracture B1 with Transverse fracture B2 4. Right Haemothorax with Flail chest right side. - 7 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 12. PW.2, the Doctor who has treated the appellant - claimant has stated that the appellant - claimant has sustained head injury cerebral odema SAH, communited fracture of humerus lower endorsement type-I, right hip acetebulam fracture B1 with transverse fracture B2, right haemothorax with flail chest right side and the claimant has undergone surgical operation of ORIF with reconstruction plate and screws for right hip acetabular fracture on 23.08.2012 and ORIF with bone grafting for communited fracture humerous lower endorsement. Therefore, we deem it appropriate to assess the compensation at Rs.70,000/- under the head 'Pain and Sufferings'. 13. The Tribunal awarded a compensation of Rs.25,000/- towards 'loss of amenities' which is meager side. Considering the nature of injuries sustained by the appellant - Claimant, we assess the compensation under the head 'Loss of amenities' at Rs.75,000/-. - 8 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 14. The Tribunal awarded compensation of Rs.35,000/- towards 'Future Medical Expenses' which is fair and reasonable and does not call for interference. 15. Insofar as 'Loss of future income' is concerned, we assess the notional income of the appellant at Rs.8,000/- and the disability at 10% and the appropriate multiplier applicable is '13' and thus, 'Loss of future income due to disability' is reckoned as: 8000 x 12 x 10% x 13 works out to Rs.1,24,800/- 16. Thus, the claimant is entitled for the following compensation: HEADS Rs. Medical expenses and nourishment 6,66,000.00 Loss of income during laid-up period 32,000.00 Pain and sufferings 70,000.00 Future medical expenses 35,000.00 Loss of amenities 75,000.00 Loss of future income due to disability 1,24,800.00 TOTAL 10,02,800.00 Less: Compensation awarded by the Tribunal 8,83,600.00 ENHANCED COMPENSATION 1,19,200.00 - 9 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 14. In the result, we pass the following: O R D E R [ i. The appeal is allowed-in-part. ii. The impugned judgment and award passed by the Tribunal is modified to the extent stated hereinabove. The claimant is entitled for a total compensation of Rs.10,02,800/- as against Rs.8,83,600/- awarded by the Tribunal with interest at the rate of 6% per annum on the enhanced compensation of Rs.1,19,200/- from the date of filing the claim petition till the date of realisation. iii. Respondent No.*3-Insurance Company is directed to deposit the enhanced compensation together with interest within six weeks' from the date of receipt of a copy of this judgment. *CORRECTED VIDE CHAMBER ORDER DATED:17.10.2025. - 10 - HC-KAR NC: 2025:KHC:32677-DB MFA No. 478 of 2019 iv. Draw modified award accordingly. v. No order as to costs. Sd/- (D K SINGH) JUDGE Sd/- (VENKATESH NAIK T) JUDGE RKA; List No.: 1 Sl No.: 34