- 1 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8404 OF 2024 (MV-I) BETWEEN: MR CHITTARANJAN S/O SHEKARA PUJARI AGED ABOUT 33 YEARS RESIDING AT DEEVINAGAR K C ROAD KALLADKA POST, GOTTHAMAJAL BANTWAL TALUK DAKSHINA KANNADA KARNATAKA 574222 …APPELLANT (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE) AND: 1. MR RADHAKRISHNA S/O DAMODHAR ACHARYA ADULT, RESIDING AT 5-190 KARAVALI SITE Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 BENJANAPADAVU KALLIGE BANTWAL TALUK, D K PIN 574219 2. THE BRANCH MANAGER UNITED INDIA INSURNACE CO. LTD., MO VITTAL REHA PLANET OPP: TO JAINA BASADI PUTTUR ROAD BANTWAL TALUK D K REPRESENTED BY ITS DIVISIONAL MANAGER UNITED INDIA INSURANCE CO. LTD., SALDANA BUILDING, OLD BRIDGE ROAD BALMATTA, MANGALUR DK PIN 575001 …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND., ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.09.2024 PASSED IN MVC NO. 116/2023 ON THE FILE OF THE COURT OF I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANGALURU D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATIONIN TIME, AND ETC., THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both the sides. 2. This appeal is filed against the judgment and award passed in M.V.C.No.116/2023 dated 17.09.2024 by the Court of I Additional Senior Civil Judge and CJM at Mangaluru, Dakshina Kannada. 3. Injured claimant, aged 32 years met with an accident on 24.10.2024 and filed a claim petition claiming compensation of 20,00,000/-. The Tribunal after considering the facts and circumstances and evidence on record, has awarded the compensation of Rs.4,66,382/- along with interest at the rate of 6% p.a., from the date of the petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that as per Ex.P3 wound certificate, he has sustained injuries such as reddish - 4 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 abrasion of 4 cm X 4 cm on the right ankle with surrounding contusion with MRI showing comminuted fracture of distal end of Tibia, medical malleoli, lateral- malleloi with tibio talar ligament tear with tibio-talar joint subluxation: fracture distal 1/3rd of fibula: malleolus extending to articular surface. Out of which, first injury is grievous in nature. The claimant was aged 32 years and doing business in the name and style of Beats Auto Car and Bikes Accessories at Hosakatta Building and earning Rs.37,000/- per month. He produced Ex.P17 as trade license and Ex.P19 as IT returns for the assessment years 2020-21 and 2021-22. But the Tribunal has taken the income as Rs.25,000/-. He was in the hospital as an inpatient for a period of 11 days. The Tribunal granted meagre amounts under the other heads. 5. He examined the doctor as PW.2 and he assessed the permanent disability as 20% under Ex.P14 disability certificate. But the Tribunal has taken the - 5 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 disability as 6.66% and thus, he requested for enhancement of the compensation. 6. Learned counsel for the respondents stated that his business is a seasonal business, as such, the Tribunal considering IT returns for the year 2021-22 filed under Ex.P19 rightly taken the income as Rs.25,000/- and it is to be confirmed. 7. The petitioner met with an accident in the year 2022 in the name and style of Beats Auto Car and Bikes Accessories and he is doing business, and earning Rs.37,000/- per month and filed Ex.P17 trade license and also filed Ex.P19 IT returns for the years 2020-21 and 2021-22 and the average income comes to Rs.35,725/- per month and it is not seasonal business. As IT returns are filed only for two years, this Court finds it reasonable to take the average income as Rs.30,000/- per month. - 6 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 8. Learned counsel for the appellant also relied upon the citation in the case of ANJALI VS. LOKENDRA RATHOD reported in CIVIL APPEAL NO.009014/2022, it was stated as follows: (9) The Tribunal and the High Court both committed grave error while estimating the deceased’s income by disregarding the Income Tax Returns of the Deceased. The appellants had filed the Income Tax Returns (2009-2010) of the deceased, which reflects the deceased’s annual income to be Rs1,18,261.00, approx. Rs.9,855.00 per month. 9. Relying upon the said citation, the learned counsel for the appellant argued that in the said case, the tax returns are filed only for one year, and the monthly income was considered based on the tax returns. Therefore, this court finds that the accident occurred in the year 2022 and the IT returns are filed for the previous year. Therefore, this Court finds it reasonable to take the income of the claimant as Rs.30,000/- per month. - 7 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 10. The petitioner examined the doctor as PW2, and he stated that there is restricting of right ankle joint movements; difficulty in climbing upstairs, walking downstairs, standing on the right leg and squatting; mild persistent pain in the right ankle, x-ray shows fracture union of right ankle with intact implant, and finally stated that there is total permanent disability of 20% to the right lower limb and 1/3rd of the same comes to 6.66% i.e., 7%. The petitioner was aged 32 years as per Ex.P15 and the multiplier is taken as ‘16’. Therefore, ‘the loss of future earning capacity’ comes to Rs.4,03,200/- (Rs.30,000/- x 12 x 16 x 7%). 11. The Tribunal has granted Rs.3,202/- towards 'medical expenses' as per the medical bills produced and observed that he got reimbursement facility for the balance amount. 12. The claimant was hospitalized for a period of 11 days. Considering the nature of injuries sustained, period - 8 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 of hospitalisation, his age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.60,000/- under the head of ‘pain and suffering’ and Rs.30,000/- under the head of 'loss of amenities'. 13. This Court is granting an amount of Rs.40,000/- under the head of 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 2 months. Therefore, Rs.60,000/- is awarded under the head of 'loss of income during laid up period' for a period of two months. 14. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and suffering 60,000.00 2. Medical Expenses 3,202.00 3. Loss of income during laid up period 60,000.00 4. Loss of future income 4,03,200.00 5. Loss of amenities 30,000.00 - 9 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 6. Attendant, conveyance, food and nourishment charges 40,000.00 Total 5,96,402.00 15. The Tribunal has awarded the compensation of Rs.4,66,382/-. Therefore, the appellant/claimant is entitled to enhanced compensation of Rs.1,30,020/- (Rs.5,96,402/- – Rs.4,66,382/-). 16. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C.No.116/2023 dated 17.09.2024 by the Court of I Additional Senior Civil Judge and CJM at Mangaluru, Dakshina Kannada, is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.1,30,020/- along with interest @ 6% p.a. iii. Respondent No.2 is directed to deposit the compensation amount along with interest at the rate of 6% p.a., within a period of one - 10 - HC-KAR NC: 2026:KHC:13381 MFA No. 8404 of 2024 month from today. On such deposit, the claimant is permitted to withdraw the entire amount along with interest accrued on it. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE SSB