HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO. 4112 OF 2021 (MV-I) BETWEEN: CHANDRA.K.N. S/O NARASIMHAIAH, AGED ABOUT 33 YEARS, R/AT KODIHALLI VILLAGE, BYRAMANGALA POST, BIDADI HOBLI, RAMANAGARA TALUK AND DISTRICT. …APPELLANT (BY SRI. N.S.BHAT., ADVOCATE) AND: 1. SYED AYUB S/O SYED YAKHOOB, MAJOR, R/AT NO.466, H.D.KOTE ROAD, DODDA MASID, HUNSUR TOWN-571 105. MYSORE DISTRICT. 2. THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., BRANCH OFFICER, HUNSUR, CLUB COMPLEX, 1ST FLOOR, POST OFFICE ROAD, HUNSUR, CLUB COMPLEX 1ST FLOOR, POST OFFICE ROAD, HUNSUR-571 105. …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R2; VIDE ORDER DATED 15.04.2026, NOTICE TO R1 IS DISPENSED WITH) HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 2 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.01.2021 PASSED IN MVC NO.442/2014 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, RAMANAGARA, 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge a Judgment and Award dated 22.01.2021 passed in M.V.C. No.442/2014, by the learned Additional Senior Civil Judge and JMFC, MACT, Ramanagara [hereinafter referred to as the "Impugned Award"]. By the Impugned Award, the learned Tribunal has granted compensation in a sum of Rs.4,01,700/- along with interest at the rate of 7% per annum from the date of petition till the date of realization. The challenge in the present appeal has been made by the appellant/claimant. HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 3 2. The brief facts are that, a petition under Section 166 of the Motor Vehicles Act, 1988 [hereinafter referred to as the "M.V. Act"], claiming compensation in a sum of Rs.5,00,000/- was filed by the appellant/claimant, pursuant to an accident which occurred on 30.04.2014. 2.1. It is the case of the appellant/claimant that when he was riding his motorcycle bearing registration No.KA- 50-E-4613, a TATA Sumo bearing registration No.KA-05- C 2596 stated to have been driven at a high speed in rash and negligent manner collided with the vehicle of the appellant/claimant and as a result of the collision, he sustained grievous injuries. The appellant/claimant was taken to Rajeshwari Medical College and Hospital, Bangalore and was treated as an inpatient for the injuries from 30.04.2014 to 06.06.2014. It is the case of the appellant/claimant that he has spent money on his medical expenses and suffered disability. Thus, he has filed a claim petition, seeking compensation before the learned Tribunal. HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 4 3. The petition was contested by the respondent No.2/ Insurance Company. There was no appearance on behalf of the respondent No.1/owner of the vehicle. 4. On the basis of the pleadings of the parties, the learned Trial Court framed the following issues: " 1. Whether the petitioner proves that on 30-04-2014 αt about 3:20 p.m., he was riding in his motor cycle bearing Reg.No.KA-50-E-4613 along with his friend near Kempaiahnapalya Gate, Bidadi Hobli, Ramangara Taluk, when a TATA Sumo bearing Reg.No.KA-05-C- 2596 came in a high speed, rash and negligent manner and dashed against him as a of which the petitioner suffered grievous injuries as alleged? 2. Whether the 2nd respondent proves that the driver of the TATA Sumo had no valid driving license? 3. Whether the petitioner is entitled for compensation? If so, how much and from whom? 4. What Order or Award?" 5. The appellant/claimant examined himself as PW-1 and examined his doctor as PW-2 and produced 44 documents as Ex.P1 to P44. The respondent No.2/Insurance Company did not adduce any evidence. 6. Based on the evidence of the parties, the learned Tribunal awarded compensation to the appellant/claimant under various heads as follows: HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 5 Sl. No. Heads Amount 1. Loss of future earnings on account of permanent disability Rs.2,64,537-00 2. Nourishment and attendant charges Rs.20,000-00 3. Pain and suffering Rs.40,000-00 4. Laid up period Rs.45,000-00 5. Loss of amenities and enjoyment of life Rs.10,000-00 6. Medical expenses Rs.22,125-98 Total Rs.4,01,662-98 7. The learned counsel for the appellant/claimant submits that his challenge is on two grounds. Firstly, he contends that the national income was wrongfully awarded at Rs.7,500/- since the accident took place in the year 2014. Secondly, he submits that the award for the laid-up period was less, given the hospitalisation of 36 days. 8. The learned counsel for the respondent No.2/Insurance Company fairly submits that the notional income for the year 2014 had to be taken at Rs.8,500/- per month and he submits that the award on account of HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 6 other heads such as nourishment, pain and suffering and loss of amenities is in order. 9. After examining the record, the issue that arises before this Court is, whether the compensation is required to be enhanced, in the facts and circumstances of this case? 10. There is no dispute by the respondent No.2/Insurance Company on the nature of injuries or the factum of hospitalisation. In any event, no evidence was produced before the learned Tribunal. The appellant/ claimant was 26 years at the time of accident, the multiplier is to be taken as '17'. The percentage of disability to whole body was taken at 17.29%. Thus, the loss of future income would be calculated in the following manner: Heads Amount Loss of future income Rs.8,500/-x12x17x17.29% = Rs.2,99,808/- 10.1. In addition and given the number of days of hospitalization in the matter, this Court deems it HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 7 apposite to award Rs.42,500/- (Rs.8,500x5 months) towards loss of income during the laid-up period. Given the nature of injuries, the loss of amenities is also enhanced to Rs.30,000/-. 11. Accordingly, the Award passed is reassessed as follows: Sl. No. HEADS AMOUNT 1. Loss of future earnings on account of permanent disability Rs. 2,99,808-00 2. Nourishment and attendant charges Rs. 20,000-00 3. Pain and suffering Rs. 40,000-00 4. Loss during laid up period Rs. 42,500-00 5. Loss of amenities Rs. 30,000-00 6. Medical expenses Rs. 22,126-00 Total Rs.4,54,434-00 Less awarded by the Tribunal Rs.4,01,700-00 Enhanced Amount Rs.52,734-00 12. In view of the aforegoing, this Court deems apposite to pass the following: HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 8 ORDER (i) The appeal is allowed in part. (ii) The Impugned Judgment and Award dated 22.01.2021 passed in M.V.C.No.442/2014, by the learned Additional Senior Civil Judge and JMFC, MACT, Ramanagara, is modified, to the extent that the appellant/petitioner is entitled to enhanced compensation of Rs.52,734/- along with interest at the rate of 7% per annum from the date of petition till the date of realization, in addition to Rs.4,01,700/- that has been awarded by the learned Tribunal. (iii) The remaining portion of the Impugned Award of the learned Trial Court remains undisturbed. (iv) The respondent No.2/Insurance Company shall deposit the enhanced compensation with interest as awarded by the learned Tribunal, within a period of eight weeks. HC-KAR NC: 2026:KHC:20254 MFA No. 4112 of 2021 9 (v) On such deposit of compensation, the same shall be released in favour of the appellant/claimant. (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed to transmit a copy of this judgment to the concerned Trial Court. (viii) No order as to costs. Sd/- (TARA VITASTA GANJU) JUDGE YKL/List No.: 1 Sl No.: 4 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA