- 1 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE UMESH M ADIGA MISCELLANEOUS FIRST APPEAL NO. 1385 OF 2021 (MV-I) BETWEEN: SHIVAMADU @ SHIVU S/O PUTTAMADASHETTY, AGED ABOUT 34 YEARS, RESIDING AT NO.29-C, THARADALE, NANJANAGUDU TALUK - 571301. …APPELLANT (BY SRI. SHANTHARAJ K., ADVOCATE) AND: 1. KARTHIK SIDHARTHA K .R S/O K.S.REVANNA, AGED MAJOR, R/AT WATER TANK ROAD, 2ND WARD, VINAYAKA EXTENSION, K.R.NAGAR - 571 602. 2. UNITED INDIA INS. CO. LTD., BY ITS MANAGER, MOTOR TP HUB, NO.1134, PRINCE OF WALES ROAD, BALLAL CIRCLE, CHAMARAJAPURAM, MYSURU - 570 005. …RESPONDENTS (BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 18.07.2022 NOTICE TO R1 IS DISPENSED) Digitally signed by ANNAPURNA G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2018 PASSED IN MVC NO.292/2017 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, 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 UMESH M ADIGA ORAL JUDGMENT This appeal is filed by the claimant being aggrieved by Judgment and Award dated 29.06.2018 passed in MVC No.292/2017 by the Principal Judge, Small Causes Court and MACT Mysuru, seeking enhancement of compensation. 2. This appeal is slated for admission. With the consent, it is taken up for final disposal. 3. Parties are referred to as per their rankings before the Tribunal. 4. Brief facts of the case are that: On 12.08.2016 at about 9.30 p.m. opposite to Oriental Research Institute, Mysuru, claimant met with an - 3 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 accident due to rash and negligent riding of motorcycle bearing registration No.KA-45-S-0542 (for short `offending vehicle'). As a result, claimant sustained injuries. He underwent surgery and spent substantial amount towards medical expenses. He suffered permanent disability. With these reasons, claimant prayed to award compensation of Rs.15,00,000/-. 5. Respondent No.1 was the owner and respondent No.2 was the insurer of the offending vehicle. Respondent No.1 remained exparte and respondent No.2 in its written statement denied petition averments and denied its liability to pay the compensation and prayed to dismiss the claim petition. 6. Tribunal framed necessary issues, recorded the evidence of the parties and on appreciation of the evidence on record held that accident occurred due to negligence of rider of the motorcycle. Tribunal in all awarded a compensation of Rs.3,10,100/- as under: - 4 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 SL.NO. DESCRIPTION AMOUNT 1. Pain and sufferings Rs. 25,000/- 2. Medical expenses and nourishment Rs. 30,000/- 3. Loss of income during laid up period and rest Rs. 31,500/- 4. Loss of future income Rs. 1,83,600/- 5. Loss of amenities of life Rs. 30,000/- 6. Future medical expenses Rs. 10,000/- Total Rs. 3,10,100/- 7. Heard the arguments. 8. There is no dispute in respect of the accident in question and injuries sustained by the claimant in the said accident. Therefore there is no need to reconsider the same. 9. Claimant sustained fracture of left tibia Proximal 1/3rd. He underwent surgery, implants were fixed at the fractured area. According to PW2, claimant has suffered permanent disability of 10% of the whole body. The Tribunal has taken the age of the claimant as 30 years, applied multiplier `17' and assessed the income at Rs.9,000/- per month and on that basis calculated the - 5 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 compensation on the head `loss of future earning capacity due to permanent disability'. 10. It is contended in the appeal memo that income assessed by the Tribunal is on the lower side and it is also urged that the amount of compensation awarded under other heads are meagre and prayed to enhance the compensation. 11. Learned counsel for respondent No.2/insurer fairly submits that the Tribunal has taken income at Rs.9,000/- per month. As per the chart prepared by the Karnataka State Legal Services Authority the notional income can be taken at Rs.9,500/- per month. He further contends that amount of compensation awarded under other heads are just and reasonable and it does not call for any interference. 12. On re-appreciation of materials on record, claimant is entitled to enhanced compensation under some - 6 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 of the heads. Accordingly, following compensation is awarded: SL.NO. DESCRIPTION AMOUNT 1. Pain and suffering Rs. 40,000/- 2. Medical Expenses Rs. 30,000/- 3. Loss of income during laid up period (Rs.9,500x4) Rs. 38,000/- 4. Loss of future earning capacity due to permanent disability Rs.9,500x12x17x10% Rs. 1,93,800/- 5. Attendant charges, special diet, conveyance charges Rs. 25,000/- 6. Loss of amenities Rs. 30,000/- 7. Future medical expenses Rs. 30,000/- Total Rs. 3,86,800/- Less: awarded by the Tribunal Rs. 3,10,100/- Enhancement Rs. 76,700/- Rounded off Rs. 77,000/- 13. Claimant is entitled to interest on the enhanced compensation amount at the rate of 6% p.a. from the date of petition till its realisation excluding the amount enhanced in respect of future medical expenses. Claimant is also not entitled to interest for delay period of 478 days in filing the appeal. Respondent No.2 is liable to pay the said amount. - 7 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 14. Accordingly this Court proceeds to pass the following: ORDER 1. Appeal is allowed in part. 2. Impugned Judgment and award dated 29.06.2018 passed by Prl. Judge, Court of Small Causes and MACT, Mysuru, in MVC No.292/2017 is modified; 3. Claimant is entitled to enhanced compensation of Rs.77,000/- with interest at 6% p.a. from the date of petition till its realisation. Claimant is not entitled to interest on the enhanced compensation of Rs.30,000/- awarded towards future medical expenses and delayed period of 478 days in filing the appeal. 4. Respondent No.2 shall deposit the said amount within a period of six weeks from the date of award. - 8 - HC-KAR NC: 2025:KHC:45030 MFA No. 1385 of 2021 5. Enhanced compensation is marginal. Therefore, entire enhanced compensation shall be released in favour of the claimant on due identification. Send back the trial Court records along with the copy of the Judgment to the Tribunal. Sd/- (UMESH M ADIGA) JUDGE SBN List No.: 1 Sl No.: 20