- 1 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.263 OF 2025 (MV-I) BETWEEN: SRI NINGAPPA S/O NINGEGOWDA AGED ABOUT 63 YEARS R/AT KRISHNAPURA VILLAGE VIRUPAKSHIPURA HOBLI CHANNAPATNA TALUK - 562160 RAMANAGARA DISTRICT …APPELLANT (BY SRI VIVEKANANDA T P, ADVOCATE) AND: 1. SMT. KAVITHA W/O SWAMY C R/AT NO.462 NAYANDAHALLI MYSORE ROAD BANGAORE – 560039 2. ICICI LOMBARD INSURANCE CO. LTD. R/AT NO.89, SVR COMPLEX HOSUR ROAD, MADIVALA BANGLAORE - 68 RER. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI MALLIKARJUNAREDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2; V/O DT.05.11.25, APPEAL DISMISSED AGAINST R1) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.06.01.2024 PASSED IN MVC NO.11/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 06.01.2024 passed in MVC No.11/2019 on the file of the Senior Civil Judge and JMFC, and MACT, Channapatna, for enhancement of compensation. 2. Heard the arguments of the learned counsel appearing for the respective parties. 3. The appellant/claimant met with an accident on 22.11.2018 and filed claim petition before the Tribunal claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.3,08,087/- with interest at the rate of 6% p.a. from the date of petition till - 3 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 its realization. Being aggrieved by the said order, this appeal is filed. 4. The learned counsel for the appellant mainly contented that the Tribunal has granted meager amount on the conventional heads. The appellant is an agriculturist and earning Rs.20,000/- per month but the Tribunal has taken his monthly income of Rs.10,692/- and the accident of the year 2018, hence, the Tribunal ought to have taken notional income of Rs.12,500/- per month. The Tribunal has considered very less days for calculating the income during laid up period and ought to have granted at least for 3 months for the same and amount granted under the other heads is on lower side. Thus, requested for enhancement of the compensation. 5. Heard the arguments of both sides. Though it is stated that appellant is working and earning, but he has not filed any income proof. It is not in dispute that the appellant met with an accident in the year 2018. Thus, this Court finds it reasonable to take his notional income as Rs.12,500/- per month as per the guidelines issued by the Karnataka State Legal Services Authority. As the appellant was aged 58 years, - 4 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 the multiplier is 9. The doctor has assessed the disability to the whole body at 12% and the Tribunal also considered the same. Thus, the ‘loss of future earning capacity due to disability’ comes to Rs.1,62,000/- (12,500 x 12 x 9 x 12%). 6. The Tribunal granted Rs.98,827/- towards ‘medical expenses’ considering Ex.P8, P14 and P15 and it is confirmed. 7. As per the evidence of doctor, the injuries are simple and grievous in nature and estimated the functional disability of 12% to the whole body and the appellant was hospitalized for a period of 9 days. Considering the nature of injuries, hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of Rs.40,000/- towards ‘Pain and Sufferings’, Rs.30,000/- towards ‘loss of Amenities’ and Rs.30,000/- for ‘transportation, extra nourishment, attendant charges, food, etc’. The appellant might not have attended to any work for at least a period of 2 months due to the injuries sustained, this Court finds it reasonable to award Rs.25,000/- (12,500x2) towards ‘loss of income during laid up period’. Tribunal has granted - 5 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 Rs.15,000/- towards Future Medical Expenses and the same is confirmed. 8. Thus, in all, components awarded by this Court are as under: Particulars Compensation granted by Tribunal Compensation enhanced by the High Court 1 Pain and suffering 30,000.00 40,000.00 2 Medical expenses 98,827.00 98,827.00 3 Conveyance, attendant, diet food and miscellaneous expenses 15,000.00 30,000.00 4 Loss of income during laid up period 10,692.00 25,000.00 5 Loss of future income due to disability 1,38,568.00 1,62,000.00 6 Loss of amenities Nil 30,000.00 7 Future medical expenses 15,000.00 15,000.00 Total 3,08,087.00 4,00,827.00 Hence, the appellant is entitled for a total compensation of Rs.4,00,827/- with interest at the rate of 6% p.a. Insurance Company already deposited the awarded amount before the Tribunal. - 6 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 9. In the result, the following order is passed: ORDER I. The appeal is allowed in part. II. The judgment and award dated 06.01.2024 passed in MVC No.11/2019 by the Senior Civil Judge and JMFC and Addl. MACT, Channapatna is modified. III. The appellant is entitled to a sum of Rs.4,00,827/- along with interest at 6% p.a. from the date of petition till the date of realisation instead of Rs.3,08,087/- granted by the Tribunal. IV. Respondent No.2 is directed to deposit enhanced compensation of Rs.92,740/- with interest at 6% p.a. within one month from the date of this order and on such deposit, the appellant-claimant is permitted to withdraw the entire amount along with interest accrued on the same. - 7 - HC-KAR NC: 2026:KHC:14346 MFA No. 263 of 2025 V. The appellant is not entitled for the interest for the delayed period of 261 days in filing the appeal as per the order dated 10.03.2026. Hence, respondent No.2 is not liable to pay the interest for the delayed period. Sd/- (P SREE SUDHA) JUDGE SN