- 1 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 1945 OF 2020 (MV-I) BETWEEN: SRI LOKESH S/O MAHADEVA AGED ABOUT 34 YEARS R/O NO.165 2ND CROSS RAILWAY LAYOUT VIJAYANAGAR MYSORE - 570 001. …APPELLANT (BY SRI D.T. NANJESH GOWDA, ADV.) AND: 1. SRI A.B. JAYARAM S/O BOREGOWDA AGED ABOUT 52 YEARS R/AT MEGALKERI CHANNRAYAPATNA TALUK HASSAN DISTRICT - 571 231. 2. REGIONAL MANAGER M/S UNITED INDIA INSURANCE COMPANY LIMITED MADHU COMPLEX MYSURU ROAD CHANNARAYAPATNA TOWN AND TALUK HASSAN DISTRICT - 571 187. …RESPONDENTS (BY SRI JANARDHAN REDDY R, ADV., FOR R-2; R-1 IS SERVED & UNREPRESENTED) THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.01.2019 PASSED IN MVC NO.1345/2017 ON THE FILE OF THE IV ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN SIT AT CHANNARAYAPATNA, PARTLY Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 21.01.2019 passed in MVC No.1345/2017 by the Court of IV Addl. District & Sessions Judge, Hassan, sitting at Channarayapatna, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri D.T.Nanjesh Gowda, learned counsel for the appellant submits that the Tribunal has erred in assessing the income and disability of the injured. The award of compensation on all other heads is also contrary to the evidence on record. Hence, he seeks to enhance the compensation appropriately by allowing the appeal. - 3 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 4. Per contra, Sri Janardhan Reddy.R., learned counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal having taken note of the oral evidence of PW-2 and disability certificate, has rightly assessed the disability at 16% which does not call for any modification. He submits that no proof of income was produced before the Tribunal, and therefore, the Tribunal has assessed the income at Rs.9,000/- per month. It is submitted that award of compensation by the Tribunal on all heads is higher and needs no interference. Lastly, he submits that without any justifiable reasons, the Tribunal has awarded interest at 9% and if the court entertains to enhance the compensation, the interest has to be awarded at 6% per annum. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of learned counsel for the appellant, learned counsel for the respondent and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is : - 4 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 "Whether the judgment and award passed by the Tribunal calls for any interference?" 7. It is not in dispute that the appellant met with a road traffic accident on 15.02.2017 and sustained injuries referred to in Ex.P-7 which has been considered by the Tribunal in Issue No.2. Considering the oral testimony of PW-2 and other medical records, I am of the opinion that the assessment disability at 16% does not call for modification. 8. In so far as the income of the injured is concerned, admittedly no proof of income was placed before the Tribunal. Hence, the income of the injured is notionally assessed at Rs.11,000/- per month placing reliance on the chart prepared by the KSLSA. The appellant was inpatient for a period of seven days. Hence, the compensation on all other heads are required to be enhanced as under: HEADS AMOUNT (in Rs.) Pain & suffering 50,000/- Loss of future income and loss of future earning capacity (11,000 x 12 x 16 x 16%) 3,37,920/- - 5 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.5,10,920/- as against Rs.4,06,480/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award dated 21.01.2019 passed by the Tribunal is modified to an extent that the appellant- claimant would be entitled to total compensation of Rs.5,10,920/- as against Rs.4,06,480/- awarded by the Tribunal. c) The enhanced compensation shall carry at the rate of 6% p.a. from the date of petition till realisation. Medical Expenses 20,000/- Loss of amenities 50,000/- Conveyance, food and nourishment and attendant charges 20,000/- Loss of income during laid up period (11,000 x 3) 33,000/- Total 5,10,920/- - 6 - HC-KAR NC: 2026:KHC:13777 MFA No. 1945 of 2020 d) The respondent No.2 shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KK