- 1 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 2978 OF 2020 (MV-I) BETWEEN: KRISHNAPPA S/O LATE MARAPPA AGED ABOUT 57 YEARS R/AT NO.45, GIDDENAHALLI ROAD MAHIMANNINA PALYA KADABAGERE BANGALORE - 560 032. …APPELLANT (BY SRI P. SURESH, ADV.) AND: 1. UNITED INDIA INSURANCE CO LTD BENGALURU REGIONAL OFFICE T.P. HUB, KRISHI BHAVAN BUILDING 6TH FLOOR, NRUPATHUNGA ROAD NEAR HUDSON CIRCLE BANGALORE - 560 001 REPT BY ITS IN CHARGE MANAGER. 2. MAHAMADA RAPHIK S ATTAR MAJOR IN AGE SAIKALAGAR ONI RANNEBENNUR TQ HAVERI - 581 213 (OWNER OF THE VEHICLE) 3. BHAGYAMMA D/O HATTIGOWDA MAJOR IN AGE R/AT NO.444, 7TH CROSS OPP RASHI RESIDENCY PADMAVATHI SEEGEHALLI KODIGEHALLI, BANGALORE - 560 001. …RESPONDENTS (BY SRI B.C. SHIVANNE GOWDA, ADV., FOR R-1; NOTICE TO R-2 & R-3 ARE DISPENSED WITH Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 V/O DTD:24.03.2026) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 17.10.2019, PASSED IN MVC NO.4918/2018, ON THE FILE OF THE XXI AND XI ADDITIONAL SMALL CAUSES AND ADDITIONAL MACT, BENGALURU (SCCH-23), 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured-claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 17.10.2010 passed in MVC No.4918/2018 by the Court of XXI & XI Addl. Small Causes & Addl. MACT, Bengaluru (SCCH-23), (for short, ‘Tribunal’). 2. Though this appeal is listed for orders, with consent of the learned counsel for the parties, it is taken up for final disposal. 3. Sri P.Suresh, learned counsel for the appellant submits that the Tribunal has committed a grave error in - 3 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 assessing the income and disability of the injured appellant contrary to the evidence on record. It is submitted that award of compensation by the Tribunal under the head of loss of amenities, loss of income during laidup period is meager, and no compensation is awarded under the head - conveyance, food, attendant's charges, etc., which is included in the medical bills which is impermissible. Hence, he seeks to enhance the compensation appropriately by allowing the appeal. 4. Per contra, Sri Shivanne Gowda, learned counsel for respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the appellant has failed to produce any evidence regarding income. It is submitted that PW-3 has deposed that disability is at 38%. However, he has not spoken with regard to whole body disability. Hence, the Tribunal was justified in assessing disability at 20%. It is further submitted that award of compensation by the Tribunal on - 4 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 all other heads is just and proper and there is no scope for interference. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel for the appellant, the learned counsel for the respondent and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is: "Whether the impugned judgment and award passed by the Tribunal calls for any interference?" 7. The parties to the proceedings do not dispute that in a road accident dated 27.03.2018, the appellant had sustained grievous injuries and he was provided treatment at Sri Lakshmi Multi Speciality Hospital, Bengaluru. In order to prove the claim, the injured examined himself as PW-1 and also got examined PW-3 - - 5 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 Neurosurgeon and got marked Exs.P-1 to P-20 in his evidence. 8. The Tribunal assessed the income of the appellant at Rs.9,000/- per month and assessed the disability at 20%. In so far as the income of the injured is concerned, admittedly no proof of income is placed on record. Hence, his income is re-assessed at Rs.12,500/- per month placing reliance on the notional income chart prepared by KSLSA. 9. In so far as the disability is concerned, the injured has got examined PW-3 - Dr. Srihari, Neurosurgeon, who has categorically stated that the appellant has sustained the following injuries: "Bone deep laceration over right forehead measuring 3 x 2 cms. CT head shows right parietal SDH & SAH with nasal bone fracture. Laceration over upper lip measuring 2 x 1 cms and abrasion over right knee joint measuring 2 x 2 cms." - 6 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 10. The oral testimony of PW-3 and the wound certificate at Ex.P-6 indicate the aforesaid injuries. The appellant was an inpatient for a period of 10 days and post discharge also underwent treatment. Considering the nature of injury suffered and treatment provided, I am of the considered opinion that ends of justice would be met if the disability is assessed at 22% to the whole body for the purpose of determination of compensation. 11. Having re-assessed the income and disability and taking note of the fact that the appellant has suffered head injury and provided treatment, the compensation under all the heads are required to be re-assessed, and accordingly they are re-assessed as under: HEADS AMOUNT (in Rs.) Loss of future income (12,500/- x 12 x 11 x 22%) 3,63,000/- Pain & suffering 50,000/- Loss of income during laid up period (12,500/- x 3) 37,500/- Medical Expenses 1,75,000/- Future medical expenses 10,000/- - 7 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.7,00,500/- as against Rs.5,24,600/- awarded by the Tribunal. 12. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 17.10.2010 passed by the Tribunal in M.V.C.No.4918/2018 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.7,00,500/- as against Rs.5,24,600/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. Loss of amenities 40,000/- Food, nourishment, attendant charges, etc. 25,000/- Total 7,00,500/- - 8 - HC-KAR NC: 2026:KHC:16490 MFA No. 2978 of 2020 d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KK List No.: 1 Sl No.: 3