- 1 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5868/2019 (MV-I) BETWEEN: SMT. YALLAMMA .J W/O LATE MANJUNATH AGED ABOUT 36 YEARS R/AT. NO.481, VEGETABLE AKKAYAMMA BUILDING MAHESHWARAMMA GUDI BEEDI YELAHANKA OLD TOWN BENGALURU-560064. …APPELLANT (BY SRI. K.V. SHYAMA PRASADA, ADV.,) AND: 1. VIVEK KUMAR PANDEY S/O DINESH CHANDRA PANDEY MAJOR, R/AT NO.88, VI CROSS BALAJI LAYOUT, KODGEHALLI SANJAYNAGAR POST, BENGALURU-560094. 2. M/S. NEW INDIA ASSURANCE CO. LTD REP. BY ITS MANAGER M.T.P.C. HUB, NO.9/2 MAHALAKSHMI CHAMBERS M.G.ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADV., FOR R2 NOTICE TO R1 D/W V/O/DTD:30.06.2025) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 22.02.2019 PASSED IN MVC NO.6723/2017 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 22.02.2019 passed in MVC.No.6723/2017 by the Member, MACT, XVIII Additional Judge, Court of Small Causes, Bengaluru, (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.K.V.Shyama Prasad, learned counsel for the appellant submits that the Tribunal has erred in assessing the income of the injured at Rs.10,000/- per month by - 3 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 ignoring the fact that the injured was working as a Security Guard and earning more than Rs.15,000/- per month. It is submitted that the appellant-injured has suffered two communited fractures, i.e., fracture of the right tibia and fibula, however, the disability is assessed at 8%, which is required to be re-assessed appropriately by considering the evidence of the treating doctor and other medical evidence on record. It is further submitted that the award of compensation on the other heads is also on the lower side and seeks to enhance the same by allowing the appeal. 4. Per contra, Sri.K.N.Srinivasa, learned counsel for the respondent-insurance company supports the impugned judgment and the award of the Tribunal and submits that no evidence is placed before the Tribunal with regard to the income of the claimant. He further submits that the doctor himself has opined that the disability is 10% and considering the nature of fracture suffered by the claimant, the Tribunal has rightly assessed the disability at - 4 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 8% and awarded just and proper compensation on all heads, hence, the same does not call for any interference in this appeal. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record including Tribunal records. 6. The only point that would arise for consideration in this appeal is : "Whether the judgment and award passed by the Tribunal calls for any interference?" 7. It is not in dispute that on 03.11.2017, the appellant-claimant met with a road accident and sustained injuries. The wound certificate produced by the claimant as at Ex.P-7 indicates that the appellant sustained communited fracture of the right tibia and fibula. In order to substantiate the disability, the claimant examined the doctor as PW-3, who has deposed that the disability to the - 5 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 whole body is to the extent of 10.9%. Considering the same the Tribunal assessed the disability at 8% to the whole body and awarded compensation. In my considered view, the Tribunal has rightly recorded its finding with regard to the disability, hence, the same does not call for any modification. 8. In order to prove the income, the appellant- claimant has asserted that the injured claimant was working as a Security Guard. However, no proof of income was placed before the Tribunal to assess the income. In the absence of same, this Court re-assesses the income of the claimant notionally at Rs.11,000/- per month by placing reliance on the notional income chart prepared by KSLSA. The appellant was aged about 34 years as on the date of accident, the appropriate multiplier would be 16, which has been rightly considered by the Tribunal. Hence, the appellant is entitled to the compensation under the head of loss of future income due to disability as under: Rs.11,000 X 12 X 16 X 8% = Rs.1,68,960/-. - 6 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 9. It is also to be noticed that the appellant was in-patient for a period of 5 days and underwent surgery, considering the said aspects and taking note of the oral evidence of PW-3, who is a treating doctor, and other medical evidence on record, I am of the considered view that the compensation on other heads are required to be enhanced appropriately. Hence, the appellant would be entitled to a compensation of Rs.60,000/- towards pain & suffering; Rs.30,000/- towards loss of amenities in life, and Rs.15,000/- towards food, conveyance, nourishment and attendant charges. The appellant would be entitled to Rs.33,000/- (Rs.11,000 X 3) towards the loss of income during laid-up period. The compensation awarded by the Tribunal towards medical expenses and future medical expenses remains unaltered. 10. Thus, the appellant would be entitled to modified compensation as under: - 7 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,32,960/- as against Rs.2,75,000/- awarded by the Tribunal. 11. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total a compensation of Rs.3,32,960/- as against Rs.2,75,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 60,000 Medical expenses 11,000 Loss of income during laid up period 33,000 Loss of future income due to disability 1,68,960 Food, conveyance, nourishment and attendant charges 15,000 Loss of amenities in life 30,000 Future medical expenses 15,000 Total 3,32,960 - 8 - HC-KAR NC: 2026:KHC:13241 M.F.A. No.5868/2019 c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The Insurance Company 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 entire compensation amount shall be released in favour of the appellant- claimant. f) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 19