- 1 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2269 OF 2019 (MV-I) BETWEEN: B. CHANNAKESHAVAMURTHY S/O BELURAPPA, AGE ABOUT 46 YEARS, R/O SIRAPANAHALLI VILLAGE, HOLALKERE TALUK, CHITRADURGA DIST - 577 501 …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. C. S. SURENDRANATHA S/O C S AMARNATHA SEEBA, MAJOR, RC OWNER OF CAR BEARING R/O ING VYSYSA BANK, NEW BRANCH COURT CIRCLE, BALAJI URS ROAD, SHIVAMOGGA. 2. THE BRANCH MANAGER BHARATHI AXA GENERAL INSURANCE CO. LTD., NO.15, UPPER GROUND FLOOR, INFANTRY ROAD, BEHIND MEDINOVA, DIAGNOSTIC CENTRE, BANGALORE. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 20.01.2014, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2018 PASSED IN MVC NO.682/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE & JMFC, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR DISMISSAL, 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 the Motor Vehicles Act, 1988 challenging the judgment and award dated 20.02.2018 passed in MVC No.682/2016 the Senior Civil Judge & JMFC, Holalkere (hereinafter referred to as 'Tribunal' for short) for enhancement of compensation. 2. The injured claimant had filed a claim application before the Tribunal seeking compensation of Rs.20,00,000/-. The Tribunal after considering the entire - 3 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 evidence on record, awarded a sum of Rs.3,17,425/- along with interest at the rate of 6% per annum from the date petition till its realization. Being aggrieved by the said award, the appellant has preferred this appeal. 3. Heard the argument of both parties and perused the material on records. 4. It is contended that no amounts were awarded under the heads of disability, loss of earning, mental agony, shock and future medical expenses. It is further submitted that the claimant sustained grievous injuries to the whole body, however, the Tribunal failed to consider the disability assessed by the doctor-(PW.2). The claimant incurred a sum of Rs.1,66,785/- towards medical treatment. Therefore, the appellant has sought enhancement of the compensation awarded by the Tribunal. 5. The petitioner examined PW.2, however, the Tribunal failed to mention the name of PW.2 in the - 4 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 annexure/list of witnesses, although his evidence was discussed in the judgment. 6. PW.2-doctor stated that he issued disability certificate as per Ex.P.11 and opined that the petitioner had sustained a Type-III open fracture of both bones of the right leg with bone loss, deep degloving injury to the right leg a contused lacerated would (CLW) over the right knee and rupture of quadriceps tendon. He assessed the permanent physical disability at 48% to his right lower limb. The Tribunal relying on the decision reported in 2014 (3) TAC (KAR) 2016 (New India Insurance Vs. Yousurf Basha), considered only 1/3rd of the 48% disability. This Court finds no reason to interfere with the said finding. 7. It is stated that the petitioner was aged 61 years at the time of the accident, as per the discharge summary certificate marked as per Exs.P.7 and P.8. Accordingly, the appropriate multiplier to be applied is '7'. It was further submitted that the petitioner was working as a cloth merchant and earning Rs.20,000/- per month, - 5 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 however, no evidence has been produced to prove the said monthly income. Since the accident occurred on 28.10.2015, this Court finds it reasonable to adopt a notional income Rs.9,000/- per month in accordance with the guidelines issued by the Karnataka State Legal Services Authority (KSLSA). The 'loss of future income comes to Rs.1,20,960/- (9,000 x 12 x 7 x 16). 8. There is no dispute with regard to the medical expenses incurred by the petitioner to the extent of Rs.1,66,785/-. He was hospitalized for 25 days as he had sustained fracture injuries and consequently, might not have been able to attend his work for at least a period of three months. Therefore, this Court finds it reasonable to award a amount of Rs.27,000/- (Rs.9,000x3 months) under the head loss of earning during laid-up period. 9. The amount already awarded by the Tribunal under the head of 'Pain and suffering' requires no interference. However, the compensation under the head of 'loss of amenities' is liable to be enhanced to - 6 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 Rs.20,000/-. Similarly, the amount granted under the heads of attendant charges, nourishment, diet, and conveyance charges is enhanced to Rs.30,000/- instead of Rs.15,000/- awarded by the Tribunal. 10. The amount awarded by the Tribunal under the head of 'Future medical expense' requires no interference. 11. Thus, the claimant is entitled to the following compensation: Compensation under different heads Amount in (Rs.) Loss of future income 1,20,960/- Medical expenses 1,66,785/- Loss of earning during laid up period 27,000/- Pain and suffering 25,000/- Conveyance, food and nourishment, attendant charges and other incidental expenses 30,000/- Loss of amenities 20,000/- - 7 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 Loss of future medical expenses 10,000/- Total 3,99,745/- 12. Hence, the compensation is enhanced from Rs.3,71,425/- to Rs.3,99,745/- along with interest at the rate of 6% p.a. 13. In the result, the following order is passed: ORDER i. Appeal is allowed in-part. ii. The judgment and award dated 20.02.2018 passed in MVC No.682/2016 the Senior Civil Judge & JMFC, Holalkere, is hereby modified. iii. Respondent No.2 is directed to deposit Rs.3,99,745/- along with the interest at the rate of 6% per annum. iv. On such deposit of the amount appellant/claimant is permitted to withdraw - 8 - HC-KAR NC: 2025:KHC:37497 MFA No. 2269 of 2019 the entire amount along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE TMP List No.: 1 Sl No.: 25 CT: BHK