- 1 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 9044 OF 2019 (MV-I) BETWEEN: SRI MAYANNA, S/O SRI HALLEGOWDA, AGED ABOUT 48 YEARS, R/AT NO.284, ABALAVADI VILLAGE, MADDUR TALUK, MANDYA. …APPELLANT (BY SMT. APEKSHA, ADVOCATE) AND: 1. SRI THIMMARAJU, S/O KAPANI CHIKKA MANJAIAH, AGED ABOUT 54 YEARS, R/AT ABALAVADI VILLAGE, MADDUR TALUK, MANDYA. 2. MANAGER, UNITED INDIA INSURANCE CO. LTD, NO.1119/8, KAMBLI BUILDING, M.C. ROAD, ASHOK NAGAR, MANDYA. 3. YASHODAMMA, W/O JAWARLAL, MARLIGA VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT. …RESPONDENTS (BY SRI B.S KRISHNA, ADVOCATE FOR R-2; NOTICE TO R-1 & R-3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2018 PASSED IN MVC NO. 75/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 MADDUR, 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 challenging judgment and award dated 22.12.2018 passed in M.V.C. No.75 of 2016 by the M.A.C.T., Maddur (for short ‘the Tribunal’). 2. Heard Smt.Apeksha., learned counsel appearing for the appellant and Sri.B.S.Krishna., learned counsel appearing for respondent No.2. 3. This appeal by the injured seeking enhancement of compensation, mainly on the grounds that the income assessed by the Tribunal at 6% is on the lower side. It is contended that the claimant was engaged as an agriculturist, woodcutter, and also performed coolie work, earning approximately Rs.25,000/- to Rs.30,000/- per month, however, the Tribunal has not properly appreciated - 3 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 the same. It is further submitted that CW1 assessed permanent disability at 50% to the left lower limb. However, the assessment of the disability by the Tribunal as well as the award of compensation on all other heads are on the lower side and require enhancement. 4. It is to be noticed that the accident occurred on 01.10.2015, at which time the claimant was approximately 45 years of age. He was engaged in agricultural activities, worked as a woodcutter, and also undertook coolie work, earning about Rs.25,000/- per month. 5. Admittedly, no cogent evidence was placed before the Tribunal to substantiate the claimant’s income. Hence, the Tribunal has notionally assessed his income at Rs.9,000/- per month, placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority (KSLSA). 6. Insofar as the disability is concerned, CW1 has deposed that the injured was treated as an inpatient for a - 4 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 period of 10 days, from 01.10.2015 to 11.10.2015, at Kaveri Hospital, Mysore. It is further stated that, post- discharge, the claimant was required to undergo continued treatment and take adequate rest for recovery from the fracture. CW1 has assessed the permanent disability at 50% to the left lower limb. Considering the oral evidence of CW1, the documentary evidence at Ex.P5-wound certificate, and other medical records, I am of the considered view that the disability ought to be assessed at 18% to the whole body. 7. The records indicate that the petitioner sustained a comminuted fracture of the shaft of the left femur along with crush injuries to the left foot. Having regard to the nature of injuries and the fact that he was treated as an inpatient for a period of 10 days, I am of the considered view that the compensation awarded under other heads is also on the lower side and requires appropriate enhancement. Accordingly, the same is reassessed as under: - 5 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 8. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.6,23,285/- as against Rs.4,42,405/- awarded by the Tribunal. 9. 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 22.12.2018 passed by the Tribunal in M.V.C.No.75/2016 is modified to an extent that the appellant-claimant would be entitled to total HEADS AMOUNT (in Rs.) Pain & suffering 45,000.00 Medical Expenses 2,02,625.00 Loss of income during laid up period (Rs.9,000 x 3 months) 27,000.00 Loss of future income due to disability (Rs.9,000 x12x14x18%) 2,72,160.00 Loss of amenities 45,000.00 Food, nourishment, conveyance and attendant charges 31,500.00 Total 6,23,285.00 - 6 - HC-KAR NC: 2026:KHC:23161 MFA No. 9044 of 2019 compensation of Rs.6,23,285/- as against Rs.4,42,405/- 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. 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) Registry to transmit the records back to the Tribunal. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SR List No.: 1 Sl No.: 7