- 1 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3333/2020 (MV-I) BETWEEN: SAJIDA BHANU W/O SAYED REHMAN AGED 57 YEARS R/AT 147, V CROSS UDAYAGIRI ROAD SATHYANAGARA N R MOHALLA MYSURU-570 019. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADV.,) AND: 1. SALAM KHAN S/O RAUF KHAN AGED ABOUT 42 YEARS R/OF NO.1169, III STAGE KESARE LAYOUT, KESARE N R MOHALLA, MYSURU-570 007 (OWNER OF MOTOR CYCLE KA-55-W-3679). 2. THE BRANCH MANAGER UNITED INDIA INSURANCE COMPANY LTD. NEW KNATHARAJ URS RAOD BALLAL CIRCLE, MYSURU-570 009 (INSURANCE POLICY NO.072000317P114949114) VALID FROM 18-01-2018 TO 17-01-2019) …RESPONDENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 (BY SRI. H.C. VRUSHABHENDRAIAH, ADV., FOR R2 R1 SERVICE OF NOTICE D/W V/C/O/DTD:29.11.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 31.08.2019 PASSED IN MVC NO.1150/2018 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, MYSURU, 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 This appeal is filed by the injured appellant seeking for higher compensation challenging the judgment and award dated 31.08.2019 passed in MVC.No.1150/2018 by the VII Additional District Judge and Member, MACT, Mysuru (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Sri.Syed Abdul Saboor, learned counsel appearing for the appellant submits that the Tribunal has - 3 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 committed a grave error in assessing the income, disability of the appellant and thereby awarded meager compensation. It is submitted that the injured appellant examined himself as PW1 and also examined Dr.Karunakar N., as PW2 and got marked documentary evidence Ex.P1 to Ex.P12. It is further submitted that the award of compensation under all other heads is on the lower side. Hence, he seeks to enhance the compensation appropriately by allowing the appeal. 4. Per contra, Sri.H.C.Vrushabhendraiah, learned counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the appellant herself has claimed that she was earning Rs.12,000/- per month. By considering the same, in the absence of any proof of income, the Tribunal has rightly assessed the income of the injured appellant at Rs.7,000/- per month. It is submitted that the appellant sustained only one fracture and taking note of the same, the Tribunal recorded the finding that the evidence of PW2 - 4 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 cannot be believed and hence assessed the disability of the injured appellant at 12% and awarded just compensation on all other heads. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on record. 6. The records indicate that the appellant met with a road accident on 19.08.2018 and was provided treatment in the hospital. The evidence of PW2 indicates that, after examining the appellant/claimant and perusing the medical records, the disability was assessed at 41.91% to the whole body. It is to be noticed that the appellant sustained a fracture of the shaft of the right femur. Taking into consideration the oral testimony of PW2, Ex.P5, the wound certificate and Ex.P7, the discharge summary, I am of the considered view that the interest of justice would be met, if the disability of the appellant is reassessed at 14% to the whole body. - 5 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 Accordingly, the disability of the appellant is reassessed at 14%. 7. Insofar as income is concerned, admittedly, no acceptable evidence has been placed before the Tribunal to establish the income of the injured appellant. Hence, the income of the appellant is notionally reassessed at Rs.12,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. It is not in dispute that the claimant was aged about 55 years at the time of the accident; therefore, the appropriate multiplier would be 11, which has been rightly considered by the Tribunal. Having reassessed the income and the disability of the appellant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: Rs.12,500 X 12 X 11 X 14% = Rs.2,31,000/-. 8. The Tribunal awarded a sum of Rs.1,12,000/- towards medical expenses and Rs.20,000/- towards future - 6 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 medical expenses, which is unaltered. However, considering the nature of treatment provided to the appellant, the injuries suffered and amount spent for such treatment and taking note of the oral and documentary evidence, I am of the considered view that the compensation awarded by the Tribunal under other heads is required to be reassessed by appropriately enhancing the same. The appellant is entitled to the modified compensation as under: Thus, the appellant-claimant shall be entitled to total compensation of Rs.5,00,500/- as against Rs.2,90,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 40,000 Loss of amenities 40,000 Medical expenses 1,12,000 Loss of income during laid-up period (Rs.12,500 X 3) 37,500 Loss of future income due to disability 2,31,000 Towards conveyance, attendant charges, food and nourished food 20,000 Future medical expenses 20,000 Total 5,00,500 - 7 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.5,00,500/- as against Rs.2,90,000/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The 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 certified copy of this judgment. - 8 - HC-KAR NC: 2026:KHC:15410 M.F.A. No.3333/2020 e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 15