- 1 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3908 OF 2019(MV-I) BETWEEN: BHARATH, S/O K.N.DEVARAJ, AGED ABOUT 19 YEARS, R/AT KEMPANAHALLI, CHIKKAMAGALURU TALUK - 577 101. …APPELLANT (BY SRI. C.SADASHIVA, ADVOCATE FOR SRI. GANAPATHI SUBBARAYA BHAT., ADVOCATE) AND: 1. N. KRISHNAMURTHY, S/O NAGAPPA, AGED ABOUT 28 YEARS, 16TH WARD, KOTE, KADUR TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 2. SMT. RENUDEVI KOTARI, W/O RAMESH KUMAR KOTARI, MAJOR, NO.4101, NEAR KSRTC BUS STAND, KADUR TALUK - 577 101, CHIKKAMAGALURU DISTRICT. 3. THE BRANCH MANAGER, ROYAL SUNDRAM GENERAL Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 INSURANCE CO. LTD., VISHRANTHI MELARAM TOWERS, NO.2/319, RAJIV GANDHI SALAI (OMR), KARAPAKKAM, CHENNAI - 600 097, TAMIL NADU STATE. …RESPONDENTS (BY SRI.RAVI S SAMPRATHI, ADVOCATE FOR R3; SRI.VIJAY KUMAR K., ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 18.06.2025) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2019 PASSED IN MVC NO.487/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is filed by the injured challenging the judgment and award dated 30.01.2019 passed in MVC No.487/2017 by the II Additional Senior Civil Judge and MACT, Chikkamangaluru, (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 2. Heard Sri C. Sadashiva learned counsel appearing for appellant and Sri Ravi S. Samprathi, learned counsel appearing for respondent No.3. 3. This appeal by the injured is mainly on the ground that the Tribunal has erred in assessing the income at ₹8,000/- by ignoring his vocation as he is working as a Mason and the award of compensation under the head of pain and suffering, loss of amenities, loss of future earning as well as on future medical expenses is on the lower side. 4. Sri. Ravi S. Samprathi, supports the impugned judgment and award of the Tribunal and submits that the Tribunal has awarded ₹60,000/- under the head of 'food and nourishment and conveyance charges' as the injured was hospitalized only for a period of 12 days and the said amount can be adjusted towards the other heads by dismissing the appeal. 5. Having heard the arguments on both sides, perused the material available on record. - 4 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 6. The appellant as well as the insurance company are not in dispute with regard to the accident and injury suffered by the appellant. In order to prove the claim, the appellant examined himself as PW1 and examined Dr. Mahabalesha Shetty as CW1 and got marked Exhibit P1 to Exhibit P41 and C1 to C6. The respondent with consent got marked copy of the insurance policy. 7. The Tribunal on appreciation of the evidence awarded total compensation ₹3,49,463/- by assessing income of the injured at ₹11,000/- and disability at 6%. 8. It is to be noticed that the appellant though claimed that he was earning ₹20,000/- per month. However, no evidence is placed to that effect. Hence, his income is notionally reassessed at ₹11,000/- by placing reliance on the Notional Income Chart prepared by the KSLSA. The Tribunal considering the oral evidence of CW1 rightly assessed the disability at 6% which is unaltered. Hence, - 5 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 the 'loss of future income due to disability' would be 11,000/- 12 x 18 x 6%=1,42,560/-. 9. It is to be noticed that the appellant has sustained fracture of right femur and was inpatient for 12 days. Hence, the compensation under the head of 'loss of earning during the treatment period', 'Pain and suffering' and 'loss of amenities' is required to be enhanced appropriately. Hence, the compensation is reassessed as under: Heads Amount in rupees Medical expenses 90,583/- Food, nourishment and diet 30,000/- Loss of earning during the period of treatment (11,000/- x 3) 33,000/- Pain and suffering 55,000/- Conveyance charges 30,000/- Loss of future earning due to disability (11,000/- x 12 x 18 x 6%=1,42,560/-) 1,42,560/- Loss of amenities 50,000/- Future medical expenses 32,000/- TOTAL 4,63,143/- - 6 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 10. Thus, the appellants/claimants would be entitled to a total compensation of `4 `4 `4 `4,63,143/- as against `3,49,463/- awarded by the Tribunal. The enhanced compensation shall carry the interest at the rate of 6% p.a. 11. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 30.01.2019 passed by the Tribunal in MVC No.487/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of `4 `4 `4 `4,63,143/- as against `3,49,463 3,49,463 3,49,463 3,49,463/- awarded by the Tribunal. (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. - 7 - HC-KAR NC: 2026:KHC:23618 MFA No. 3908 of 2019 (iv) Respondent No.3-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. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Registry shall transmit the records to the Tribunal forthwith. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE tsn* List No.: 1 Sl No.: 8