- 1 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 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.3790/2020 (MV-I) BETWEEN: SRI. VIRUPAKSHAIAH ALIAS VIRUPAKSHI S/O ERANNA AGED ABOUT 43 YEARS R/O. MARALENAHALLI VILLAGE SIRA GATE, TUMAKURU-572106. …APPELLANT (BY SRI. RAMESH KUMAR R.V. ADV.,) AND: 1. SRI. RIYAZ S/O ABDUL GAFAR AGED ABOUT 53 YEARS HYDER SAB MOHOLLA NEAR CLOCK TOWER KATRIPALYA, KOLAR-563101 (RC OWNER OF LORRY BEARING NO. AP-02-W-2227). 2. THE MANAGER M/S ICICI LAMBARD GENERAL INSURANCE CO. LTD LOMBARD HOUSE NO.414 VEERASAVARKAR MARG NEAR SIDDI TEMPLE PRABADEVI, MUMBAI-400025. …RESPONDENTS (V/O/DTD:06.04.2023 NOTICE TO R1 IS DISMISSED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 26.12.2019 PASSED IN MVC NO.1231/2017 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, 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 appellant seeking higher compensation challenging the judgment and award dated 26.12.2019 passed in MVC.No.1231/2017 by the VI Additional District & Sessions Judge, Tumakuru, (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.Ramesh Kumar R.V.,learned counsel appearing for the appellant submits that the Tribunal has erred in assessing the income of the injured appellant at Rs.8,000/- per month. It is submitted that the - 3 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 compensation awarded under the heads of pain and suffering, loss of amenities and loss of income during the laid-up period is also on the lower side. Hence, he seeks to reassess the same by considering the oral and documentary evidence available on record. 4. Per contra,Sri.B.Pradeep, learned counsel for respondent No.2 seeks to sustain the impugned judgment and award of the Tribunal. 5. I have heard the arguments on both the sides and perused the material available on record including Tribunal records. 6. The appellant met with a road accident on 24.02.2016 and sustained grievous injuries. He was shifted to Sahyadri Narayana Hrudayala Hospital and was provided treatment. It is averred that the appellant incurred more than Rs.3,00,000/- towards the medical expenses. The records indicate that the appellant was an inpatient during the periods 24.02.2016 to 14.03.2016, - 4 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 21.03.2016 to 23.03.2016, 27.03.2016 to 31.03.2016 and 06.04.2016 to 10.04.2016, in all, he was an inpatient for more than 30 days. Although it is averred in the claim petition that the injured appellant was in the flower vending business and used to earn Rs.30,000/- per month, the Tribunal assessed the income of the injured at Rs.8,000/- per month. However, no income proof was placed before the Tribunal. In the absence of such evidence, this Court notionally reassess the income of the injured appellant at Rs.9,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. The Tribunal taking note of the injuries suffered by the appellant, assessed the disability of the appellant at 15% to the whole body and there is no dispute with regard to the age of the injured as 53 years and appropriate multiplier of 11, which in our view is just and proper and does not call for interference. Thus, the appellant is entitled to modified compensation under the head of loss of future income due to disability as under: - 5 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 Rs.9,500 x 12 x 11 x 15% = Rs.1,88,100/- 7. The award of compensation by the Tribunal under the heads of food, nourishment & conveyance and attendant charges, medical expenses and future medical expenses remains unaltered. However, having reassessed the income of the injured appellant and taking note of the treatment provided to the appellant, the award of compensation under the other heads is required to be appropriately enhanced. Thus, the appellant is entitled to the modified compensation as under: Pain and suffering Rs. 45,000/- Loss of amenities Rs. 40,000/- Medical expenses Rs.2,26,605/- Loss of future income due to disability Rs.1,88,100/- Food, nourishment charges, attendant & conveyance expenses Rs. 30,000/- Loss of income during laid-up period (9,500 x 4) Rs. 38,000/- Future medical expenses Rs. 25,000/- ------------------ Total Rs.5,92,705/- ------------------ 8. In all, the appellant-claimant is entitled to total compensation of Rs.5,92,705/- as against Rs.5,20,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:13312 M.F.A. No.3790/2020 9. In the result, we proceed to pass the following: ORDER a) The appeal stands partly allowed. b) The impugned judgment and award of the Tribunal is modified to an extent that the claimant is entitled to total compensation of Rs.5,92,705/- as against Rs.5,20,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till realization. d) The respondent/insurer shall deposit the enhanced compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the same shall be released in favour of the appellant. f) Registry to transmit the TCRs to the Tribunal forthwith g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 24