HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -1- IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.7344 OF 2019(MV-I) BETWEEN: KAMALAKARA S/O. DEVENDRAPPA KUNUBI, AGED ABOUT 33 YEARS, AGRICULTURIST, R/O MATTUR-577 203, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT. …APPELLANT (BY SRI. GURUPRASAD HEGDE, ADVOCATE FOR SRI. S.V PRAKASH., ADVOCATE) AND: 1. SHYANUR SHANKAR KADAM AGED ABOUT 34 YEARS, R/O BADIGEWAD, GOKAK TALUK-591 307, BELAGAVI DISTRICT. 2. RAVI BABU PATIL R/O. SINDIKURBET, GOKAK TALUK-591 307, BELAGAVI DISTRICT. 3. UNITED INSURANCE COMPANY LIMITED RUB BUILDING, B.H. ROAD, SHIVAMOGGA-577201. …RESPONDENTS (R1 TO R3 ARE SERVED) HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -2- THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.01.2019 PASSED IN MVC NO.606/2017 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL M.A.C.T.-VI, SHIVAMOGGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge a Judgment and Award dated 16.01.2019 passed in M.V.C.No.606/ 2017, by the learned Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal-VI, at Shivamogga [hereinafter referred to as the “Impugned Award”]. By the Impugned Award, the learned Trial Court has granted compensation in a sum of ₹4,20,960/- along with interest at the rate of 6% per annum on a sum of ₹3,70,960/- from the date of petition till payment. The interest was not awarded by the learned Trial Court on HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -3- future treatment. The challenge in the present appeal has been made by the appellant/claimant. 2. The brief facts are that, a petition under Section 166 of the Motor Vehicles Act, 1988 [hereinafter referred to as the “M.V. Act”], claiming compensation in a sum of ₹34,10,000/- was filed by the appellant/claimant, pursuant to an accident which occurred on 26.11.2016. 3. It is the case of the appellant/claimant that he was travelling in a Motor Cycle bearing registration No.KA- 15/U-6193. When he reached near Jeekanmane Bus Stand, at about 1:00 p.m., on that date, the respondent No.2/driver of a Tempo Trax Toofan bearing registration No.KA-23/N-0363 came from opposite direction in a rash and negligent manner with high speed and dashed against the appellant/claimant. Due to the collision, the appellant/ claimant and the pillion rider fell down and sustained grievous injuries. The appellant took first aid treatment at General Hospital, Sirsi and then shifted to Nanjappa HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -4- Hospital, Shivamogga and remained there as an in-patient from 26.11.2016 to 30.11.2016. 3.1. It is the case of the appellant/claimant that he has spent money on his medical expenses and suffered from permanent disability. Thus, he filed a claim petition, seeking compensation. 3.2. The respondent Nos.1 and 2, being the driver and owner of the offending vehicle, though entered appearance, did not file their Objection Statement. However, the respondent No.3/Insurance Company filed their Objection Statement, raising a ground of negligence on the part of the appellant/claimant. The respondent No.3/Insurance Company admitted that the vehicle had a valid Insurance Policy as on the date of the accident and that the Driver possessed a valid Driving Licence. 4. On the basis of the pleadings of the parties, the learned Trial Court framed the following issues: “1. Whether the petitioner proves that he sustained injuries due to rash and negligent driving of Tempo Trax HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -5- Toofan bearing Regn.No.KA-23-N-0363 by the 2nd respondent, on 26.11.2016 at about 1:00 p.m. on Siddapura-Sirsi Road, Jeekanmane, Siddapura, Uttara Kannada District? 2. Whether respondent No.3 proves that the petition is bad for non-joinder of necessary parties? 3. Whether the petitioner is entitled for compensation? If so, at what quantum and from whom? 4. What Order or Award?” 5. The appellant/claimant examined himself as PW-1 and examined his Doctor as PW-2. The Insurance Company did not plead any evidence. Based on the evidence of the parties, the learned Trial Court awarded compensation to the appellant/claimant under various heads as follows: Sl. No. Heads Amount in ₹ 1 Hospital bills 1,10,000-00 2 Medical expenses 36,000-00 3 Loss of income for the period of 6 months (₹9000/-x6=₹54000) 54,000-00 4 Pain and suffering 50,000-00 5 Future treatment 50,000-00 6 Loss of earning capacity (₹9,000/-x12x7%x’16’) 1,20,960-00 Total 4,20,960-00 6. The learned counsel for the appellant/claimant submits that the compensation was not calculated HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -6- correctly. He submits that since the appellant/claimant had not produced any documents qua his earnings, the learned Trial Court should have awarded notional income for this period and for the year 2016, the notional income was ₹9,500/- per month. However, the learned Trial Court has taken notional income of ₹9,000/- per month. In addition, it is contended that no award has been made for the loss of amenities. 7. The learned counsel for the respondent No.3/ Insurance Company fairly concedes that the notional income was ₹9,500/- per month, as on the date of the accident. 8. After examining the record, the issue that arises before this Court is, “Whether the compensation is required to be enhanced, in the facts and circumstances of this case?” 9. There is no challenge on the disability and given that the appellant/claimant was 32 years at the time of HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -7- accident, the multiplier is to be taken as ‘16’. Thus, the loss of earning capacity would be calculated as follows: “₹9,500/-x12x7%x’16’ =₹1,27,680/-” 10. In addition and in terms of the settled law, this Court deems it apposite to award a sum of ₹30,000/- for loss of amenities. Hence, the revised calculation is as follows: Sl. No. Particulars Amount in ₹ 1 Hospital bills 1,10,000-00 2 Medical expenses 36,000-00 3 Loss of income for the period of six months [₹9,500/-x6 = ₹57,000/-] 57,000-00 4 Pain and suffering 50,000-00 5 Future treatment 50,000-00 6 Loss of earning capacity [₹9,500/-x12x7%x’16’] 1,27,680-00 7 Loss of amenities 30,000-00 Total 4,60,680-00 Less: awarded by Tribunal 4,20,960-00 Enhanced compensation 39,720-00 11. In view of the aforegoing, this Court deems apposite to pass the following: ORDER (i) The appeal is allowed. HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -8- (ii) The Impugned Judgment and Award dated 16.01.2019 passed in M.V.C.No.606/2017, by the learned Principal Senior Civil Judge and Additional Motor Accident Claims Tribunal-VI, at Shivamogga, is modified, enhancing the compensation of ₹39,720/- [Rupees Thirty Nine Thousand Seven Hundred and Twenty] along with interest applicable thereon as awarded by the learned Trial Court. (iii) The respondent No.3/Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the learned Trial Court, within a period of four weeks from the date of receipt of a copy of this judgment. (iv) On such deposit of compensation, the same shall be released in favour of the appellant/claimant. (v) The remaining portion of the Impugned Award of the learned Trial Court remains undisturbed. HC-KAR NC: 2026:KHC:8147 MFA No. 7344 of 2019 -9- (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed to transmit a copy of this judgment to the concerned Trial Court. (viii) No order as to costs. Sd/- (TARA VITASTA GANJU) JUDGE BMV* List No.: 1 Sl No.: 10 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA