- 1 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2867 OF 2025 (MV-I) BETWEEN: SHIVAKUMAR @ SHIVAKUMARASWAMY S/O SIDDAPPA, NOW AGED ABOUT 44 YEARS, R/A THERAMBALLI VILLAGE, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT. APPELLANT (BY SRI. RAGHU R.,ADVOCATE) AND: 1. DEEPU S/O MAHADEVASHETTY, NOW AGED ABOUT 33 YEARS, R/A NO.4472, 6TH CROSS, ST. MARY ROAD, N.R. MOHALLA, MYSURU-570001. 2. THE MANAGER, NATIONAL INS. CO. LTD., DOX 803A, 8TH FLOOR TOWER 3, C-KONNECTUS BUILDING, OPP. NEW DELHI RAILWAY STATION, BRANCH OFFICE AT ADICHUNCHANAGIRI MAIN ROAD AND CIRCLE, NEAR JAYAMMA GOVINDEGOWDA CHOWLTRY, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 KUVEMPUNAGAR, MYSURU-570001. RESPONDENTS (BY SRI. JANARDHAN REDDY.,ADVOCATE FOR R2; V/O DTD 21.04.2025 NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.06.2024 PASSED IN MVC NO.38/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLLEGALA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC., THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Tribunal has passed the common judgment and award dated 06.06.2024 in MVC.Nos.38/2018 and 40/2018 on the file of the learned Senior Civil Judge and Additional MACT, Kollegala. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 06.06.2024 passed in MVC.No.38/2018 by the Tribunal, seeking enhancement of compensation. - 3 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured met with an accident on 07.11.2017 and filed the clam petition before the Tribunal claiming compensation of Rs.56,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.8,62,740/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of deposit. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner was doing agricultural work and earning Rs.5,00,000/- per annum and he examined CW.1 - Neurosurgeon and he assessed that the disability as 96.8% and the NIMHANS Medical Board also assessed the combined disability (cognitive and locomotor) at 90%. But the Tribunal has erred in taking the disability as 25% which is on lower side and thus requested this Court to take the disability as 100%. He further stated that the Tribunal granted meager amounts under the other heads and interest is to be granted at the - 4 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 higher rate and thus requested for enhancement of compensation. 4. Though the petitioner stated that he was earning Rs.5,00,000/- per annum, he has not filed any income proof. As he met with the accident in the year 2017, the Tribunal rightly considered his notional income as Rs.11,000/- and it is confirmed. The petitioner was aged 37 years and the relevant multiplier is '15'. The petitioner filed Ex.P4 - wound certificate, Ex.P13 - discharge letter and also other relevant medical records and examined the doctor as CW.1 - Neurosurgeon, he stated that the petitioner sustained head injury, he was drowsy arousable and obeying commands. He was having left black eye, right facial weakness, right occipital stapled lacerated and right hand injury. CT scan brain showed subdural hematoma along the tentorium, he managed conservatively in ICU. He fournd to have memory disturbances, speech disturbance, weakness all limbs, decreased sensation below neck and ataxia, psychologist assessment was done. He requires medication and physiotherapy for another 3 to 5 years. Cost of which is approximately Rs.1,000/- per month. He required psycho education and cognitive retraining by psychologist, cost of - 5 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 which is approximately Rs.1,000/- per month. He is not able to do his daily routine activities on his own. He will need assistance, he can't work normally as before. Apart from that he was referred to the NIMHANS Medical Board they assessed combined disability (cognitive and locomotor) of 90%. Admittedly, the petitioner was aged 37 years and doing agricultural work, but he could not do or attend any other work including agriculture, due to the injuries sustained in the accident. Therefore, this Court finds it reasonable to take functional disability as 100% as per the citation Raj Kumar V.s Ajay Kumar1 and R. Halle V.s Reliance General Insurance Company Limited2. As the disability assessed is more than 20%, he is entitled for future prospects as per the citation of New India Assurance Company Limited V.s Abdul S/o Mehaboob Tahasildhar and Others3. The claimant was aged 37 years future prospect is to be granted at the rate of 40%. So the loss of future earning capacity come to Rs.11,000/- + 40% x 12 x 15 x 100% =27,72,000/-. The Tribunal has granted Rs.2,05,740/- towards medical expenses and the said 1 (2011) 1 SCC 343 2 2026 SCC Online SC 433 3 MFA.No.103807/2024 - 6 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 amount is confirmed. He was admitted in the hospital for a period of 10 days. Considering the nature of injuries sustained and period of inpatient, this Court finds to grant an amount of Rs.1,00,000/- towards pain and suffering, Rs.1,00,000/- for loss of amenities and Rs.1,00,000/- for transportation, extra nourishment and attendant charges and he is entitled for an amount Rs.1,00,000/- towards future medical expense. He is not entitled for any amount under the head of loss of income during laid up period as 100% disability is taken. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.33,77,740/- along with interest at the rate of 6% p.a. Sl.Nos. Particulars Amount in Rs. 1. Loss of future earning capacity 27,72,000/- 2. Medical expenses 2,05,740/- 3. Pain and suffering 1,00,000/- 4. Towards loss of amenities 1,00,000/- 5. Towards transportation, extra nourishment and attendant charges 1,00,000/- 6. Future medical expenses 1,00,000/- Total 33,77,740/- - 7 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 06.06.2024 in MVC.No.38/2018 on the file of the learned Senior Civil Judge and Additional MACT, Kollegala, is modified. iii. The claimant is entitled to a sum of Rs.33,77,740/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.8,62,740/- granted by the tribunal. iv. Respondent No.2/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/Insurance Company is directed to deposit the enhanced compensation of Rs.25,15,000/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. - 8 - HC-KAR NC: 2026:KHC:22554 MFA No. 2867 of 2025 vi. The claimant is not entitled for interest for delay period of 203 days as per order dated 24.04.2026 passed on IA.No.1/2025. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 24