- 1 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 754 OF 2024 (MV-I) BETWEEN: 1. SRI. SUDHIR, S/O. MANJU MOGAVEERA, AGED ABOUT 25 YEARS, R/AT PANDITHARA MANE, MOODABETTU, ULTHOOR VILLAGE, KUNDAPURA TALUK,UDUPI DISTRICT. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI. SUKESH, S/O. MANJU MOGAVEERA, AGED ABOUT 31 YEARS, R/AT PANDITHARA MANE, MOODABETTU, ULTHOOR VILLAGE, KUNDAPURA TALUK,UDUPI DISTRICT. 2. UNITED INDIA INSURANCE CO. LTD., BY ITS BRANCH MANAGER, BRANCH OFFICE,KUNDAPURA. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; R-1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.06.2023 PASSED IN MVC NO.305/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is preferred by the appellant-claimant against the award dated 17.06.2023 passed in MVC No.305/2020 by the Senior Civil Judge and Addl. MACT, Kundapura [for short 'Tribunal'] claiming enhancement of compensation. 2. The claimant Sudhir met with an accident on 16.07.2019 and filed claim petition claiming compensation of Rs.15,70,000/- along with interest towards injuries sustained by him. The Tribunal considering the evidence on record granted compensation of ₹6,44,547/- along with interest at 6% p.a. from the date of petition till the date of deposit of the amount in the Tribunal. Aggrieved by the said order, this instant appeal is preferred in which he mainly contended that the Medical Board had issued the - 3 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 disability certificate by assessing the permanent physical disability at 30%, but the Tribunal has taken 12% which is erroneous. Further, it is contended that the Tribunal has awarded only Rs.25,000/- towards conveyance, diet and attendant charges which is inadequate and the appellant has undergone the treatment for a period of 14 days and he was advised to take follow up treatment for the injuries sustained in the accident and the Tribunal granted very meager amount under this head. Further, it is contended that the Tribunal has not awarded any compensation towards loss of marriage prospects without considering the age of the appellant and also not awarded any compensation towards future medical expenses. Therefore, learned counsel requested for enhancement of compensation. 3. On contrary, learned counsel for respondents submits that the Medical Board has issued the disability certificate assessing the disability at 30%, but the doctor is not examined. Therefore, the Tribunal has rightly - 4 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 considered the disability at 12% and hence, it requires no interference. 4. Heard the arguments advanced by the learned counsel for appellant and learned counsel for respondents. 5. The counsel for the appellant relied upon a decision dated 16th November 2021 rendered by the Hon'ble Apex Court in Writ Petition (Civil) No.534/2020 in the case of Bajaj Allianz General Insurance Company Private Limited vs. Union of India and Others, specifically to paragraph No.1(iv) which reads as under: " (iv) As far as the aspect of the issuance of certificate on disability of victims is concerned, it is reiterated that the guidelines laid down by this Court in Raj Kumar v. Ajay Kumar and Anr., (2011) 1 SCC 343 mandatorily must be followed by the MaCTs, in respect of loss of income due to injury/disablement. The District Medical Board is also directed to follow the guidelines issued by the Ministry of Social Justice and Empowerment, Government of India vide Gazette Notification S.No.61, dated 05.01.2018, for issuance of disability Certificate in order to bring Pan India uniformity. The consequence is that the MACT would ascertain that permanent - 5 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 disability certificate issued by the District Medical Board or body authorized by it is in accordance with the Gazette Notification alone. Once the certificate is issued in this manner, the same can be marked or purposes of being taken into consideration as evidence without the necessity of summoning the concerned witness to give formal proof of the documents unless there is some reason for suspicion on the document." 6. The appellant is working as a packer and earning more than ₹15,000/- per month, but he has not produced the income proof. As the petitioner was met with an accident in the year 2019, his notional income is to be taken as ₹14,000/- per month as per the chart prepared by Karnataka State Legal Services Authority and the appellant was aged 24 years as per Aadhar Card at Ex.P8. Therefore, the multiplier is to be taken as '18'. Further, the appellant sustained the following injuries as per wound certificate at Ex.P4, (i) Swelling present over the postero-Medical aspect of right thigh, associated with pain and tenderness and complains of lower back ache which are grievous in nature and as per the X-ray D11 and - 6 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 D12 vertebra fracture. Further, the appellant has not examined the treated doctor but he examined one Dr. Raghuraj Kundangar who is PW2. PW.2 stated in the cross-examination that fracture bone is united and length of the bone is decreased, as such he will not do packing work and unable to lift the weight. It is further stated that he has taken treatment to D12 burst fracture and undergone surgery and fixed implant and left hand ulnar nerve monoeruropathy and discharged on 22.07.2019 and again admitted to the hospital on 14.08.2019 and discharged on 17.08.2019 and treated vertebral problems. The appellant again admitted to the hospital on 12.09.2019 and discharged on 14.09.2019 and taken physiotherapy treatment. Due to the fracture of D12 burst injury, the appellant suffering from difficulties in folding of his leg and pain in straightening of legs at the time of sleeping. Due to the said problems, the appellant unable to do any sort of works and also produced Ex.P29 - disability certificate issued by Medical Superintendent - 7 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 CMO/Head of Hospital and it discloses physical disablement of 30% to body spine and it was stated that the appellant condition is non-progressive and not likely to improve. Therefore, this Court finds that it is just and reasonable to take disability as 20% instead of 12% which is granted by the Tribunal. Further, the appellant is also entitled for future prospects. Accordingly, loss of future earning capacity comes to ₹8,46,720/-. (14,000+40%x12x18x20%). 7. Further, the Tribunal has granted ₹33,510/- towards medical expenses as per Exhibit P9 to Exhibit P26 and it needs no interference. The petitioner was hospitalized for a period of 14 days. Considering the nature of injuries, his occupation, hospitalization and other relevant factors, this Court finds it reasonable to grant an amount of ₹ 60,000/- towards pain and suffering, ₹30,000/- towards loss of amenities and ₹40,000/- for transportation, extra nourishment and attendant charges. Further, the appellant might not have attended any other - 8 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 work at least for a period of 3 months. As such, the compensation under the head income during laid up period comes to ₹42,000/- (14,000 x3). 8. Thus in all, components awarded by this Court are as below, 9. Compensation is enhanced from Rs.6,44,547/- to ₹10,52,230/- and the enhanced compensation is ₹4,07,683/-, which carries interest at the rate of 6% per annum. Further, the insurance company has already deposited the award amount before the Tribunal. Particulars Amount in Rs. Loss of future earning 8,46,720.00 Medical expenses 33,510.00 Pain and suffering 60,000.00 Loss of amenities 30,000.00 Transportation, special diet and attendant charges 40,000.00 Loss of income during laid up period 42,000.00 Total 10,52,230 .00 - 9 - HC-KAR NC: 2026:KHC:7336 MFA No. 754 of 2024 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 17.06.2023 passed in MVC No.305/2020, by the Court of Senior Civil Judge and Addl. MACT, Kundapura, is modified; iii. Respondent No.2 is directed to deposit the enhanced compensation of Rs.4,07,683/- with interest at the rate of 6% per annum within one month from the date of this order on such deposit and iv. Appellant-claimant is permitted to withdraw the entire compensation with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE SSD List No.: 1 Sl No.: 13