- 1 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 7977 OF 2025 (MV-I) BETWEEN: J. RAMEGOWDA S/O. LATE JAVAREGOWDA AGED ABOUT 60 YEARS R/AT HIREMARALI VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. …APPELLANT (BY SRI VIJAY KUMAR T, ADVOCATE) AND: 1. HONNEGOWDA S/O. RAMALINGEGOWDA AGED ABOUT 56 YEARS R/AT HIREMARALI VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT - 571 434. 2. THE MANAGER ICICI LAMBORD GENERAL INSURANCE CO. LTD. SARASWATHIPURAM MYTHRI ARCADE KANTHARAJ URS ROAD MYSURU CITY - 570 001. …RESPONDENTS (BY SRI B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 11.02.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF MOTOR VEHICLES ACT PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 12.03.2025 PASSED IN MVC.NO.933/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments from both sides. 2. This appeal is preferred by the appellant-claimant against the judgment and award dated 12.03.2025 passed in M.V.C.No.933/2023 by the Additional Senior Civil Judge and MACT, Pandavapura (for short, 'tribunal') claiming enhancement of compensation. 3. Parties to the appeal shall be referred to as per their status before the tribunal. 4. The injured claimant met with an accident on 23.05.2023 and filed claim petition claiming compensation of Rs.25,00,000/-. But the tribunal considering the entire evidence on record has granted an amount of - 3 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 Rs.3,17,984/- with interest at the rate of 6% per annum from date of petition till the date of realisation. 5. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal. 6. It is the vehement contention of the learned counsel for appellant-claimant that the tribunal has committed an error in awarding meagre compensation, which calls for interference at the hands of this Court. Accordingly, he seeks enhancement of compensation. 7. Per contra, learned counsel for respondent- Insurance Company contends that the tribunal has awarded just and reasonable compensation, which does not call for interference. Hence, he seeks dismissal of the appeal. 8. In the present case, the tribunal taken the income of Rs.12,586.76/- per month, in view of there being no proof of income, chart of the Karnataka State Legal - 4 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 Services Authority prescribes the notional income of Rs.16,000/- for the accident year 2023. Accordingly, notional income is taken as Rs.16,000/-. The claimant was aged 61 years as per Ex.P.16-Aadhar card and the multiplier is taken as '7'. 9. PW.3-Doctor has assessed the disability at 37% to the left lower limb. He has stated in his evidence that the petitioner has suffered left knee patella fracture and has taken treatment as inpatient for the period from 23.05.2023 to 25.05.2023. Considering the injuries sustained and evidence of PW.2 -Doctor, the tribunal has taken the functional disability at 12% and the same does not call for interference. Under the circumstance, the loss of future income due to disability comes to Rs.1,61,280/- (Rs.16,000/- x 12 x 7 x 12%). 10. The tribunal awarded Rs.73,349/- towards medical expenses as per the medical bills produced by the claimant and it is confirmed. - 5 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 11. Considering the nature of injuries sustained, period of hospitalization and other relevant factors, this Court deems it appropriate to award Rs.50,000/- towards pain and suffering. The compensation granted by the tribunal under the head loss of amenities is on the lower side. Hence, the same is enhanced to Rs.25,000/-. 12. The tribunal awarded Rs.15,000/- towards medical attendant and conveyance charges and Rs.15,000/- towards diet and nourishment, which do not call for interference and the same is retained. 13. The claimant might not have attended any other work at least for a period of three (3) months, therefore, he is entitled for compensation of Rs.48,000/- (Rs.16,000/- x 3) under the head of loss of income during laid up period. 14. Thus, in all, the claimant is entitled for the following compensation : - 6 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 Sl. No. Particulars Amount (In.Rs.) 1. Pain and suffering 50,000-00 2. Medical expenses 73,349-00 3. Medical attendant and conveyance 15,000-00 4. Diet and nourishment 15,000-00 5. Loss of future income due to disability 1,61,280-00 6. Loss of income during laid up period 48,000-00 7. Loss of amenities 25,000-00 Total 3,87,629-00 15. The tribunal has awarded the compensation of Rs.3,17,984/- but the appellant-claimant is entitled to total compensation of Rs.3,87,629/-. Therefore, the appellant-claimant is entitled to enhanced compensation of Rs.69,645/- (Rs.3,87,629/- - Rs.3,17,984/-). 16. Accordingly, I pass the following: ORDER i. The appeal is allowed-in-part; ii. The judgment and award dated 12.03.2025 passed in M.V.C.No.933/2023 by the Additional Senior Civil Judge and MACT, Pandavapura, is hereby modified holding that the appellant-claimant is entitled for - 7 - HC-KAR NC: 2026:KHC:8871 MFA No. 7977 of 2025 enhanced compensation of Rs.69,645/- along with interest @ 6% p.a.; iii. Respondent No.2-Insurance Company is directed to deposit the enhanced compensation amount along with interest at the rate of 6% p.a., within a period of one month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it; Sd/- (P SREE SUDHA) JUDGE CPN List No.: 1 Sl No.: 22