- 1 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2849/2020 (MV-I) BETWEEN: SRI. JAYAPPA S/O HANUMANTHAPPA AGED ABOUT 54 YEARS WORKING AS COOLIE RESIDENT OF CHIKKUDLI SHIVAMOGGA TALUK. …APPELLANT (BY SRI. THYAGARAJA S, ADV.,) AND: 1. SRI. ANJANEYA .D S/O DYAMAPPA AGED ABOUT 50 YEARS R/O H NO.65, SRI GIRI NILAYA SOWLANGA ROAD, LBS NAGARA SHIVAMOGGA CITY (OWNER OF INNOVA BEARING REG.NO.KA-14/N-7708). 2. SRI. UMESH KUMAR S/O D. DYAMAPPA MAJOR, R/O HOUSE NO.65 SRI GIRI NILAYA SOWLANGA ROAD LBS NAGARA SHIVAMOGGA CITY (DRIVER OF INNOVA CAR BEARING REG.NO.KA-14/N-7708). Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 3. THE SBI GENERAL INSURANCE NATRAJ 101.201 AND 301 JUNCTION OF WESTERN EXPRESS HIGHWAY AND ANDHERI KURLA ROAD ANDHERI (EAST), MUMBAI-400 069 POLICE NO.0000000000522799-01 VALID FROM 20-10-2013 TO 19-10-2014. …RESPONDENTS (BY SRI. B. PRADEEP, ADV., FOR R3 R1 & R2 SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.07.2017 IN MVC NO.280/2014 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND AMACT-8, SHIVAMOGGA, 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 - 3 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 ORAL JUDGMENT This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 13.07.2017 passed in MVC.No.280/2014 by the II Additional Senior Civil Judge & Additional MACT-8, Shivamogga, (for short, ‘Tribunal’). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Thyagaraja S., learned counsel appearing for the appellant-claimant submits that Tribunal has erred in assessing the income of the claimant-injured at Rs.6,000/- per month by ignoring the fact that he was earning Rs.300/- per day as a coolie as on the date of the accident. It is further submitted that the award of compensation by the Tribunal on all other heads is also on the lower side, hence, he seeks to enhance the same appropriately by allowing the appeal. - 4 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 4. Per contra, Sri.B.Pradeep, learned counsel for the respondent No.3-insurance company supports the impugned judgment and award of the Tribunal and submits that no evidence was placed with regard to the income of the claimant before the Tribunal. He submits that the award of compensation by the Tribunal on all other heads is just and fair and does not call for any interference. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both sides and meticulously perused the material available on record including the Tribunal records. 6. It is not in dispute that on 13.01.2014, the appellant-claimant met with a road accident and provided treatment at Parvathi Nursing Home. In order to prove the claim, the petitioner-claimant examined himself as PW1 and examined the Doctor as PW2 and got mark Exs.P1 to P18. The perusal of the evidence of PWs-1 & 2 and the - 5 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 medical records indicate that the appellant has sustained fracture of right clavicle, fracture 1/3rd left humerus and right tibia plateau fracture. As per the disability certificate Ex.P8 and the oral testimony of PW2, the assessment of disability is at 35% to the whole body. By considering the same, Tribunal has rightly assessed the disability at 12% which does not call for any modification. 7. Insofar as the income of the appellant-claimant is concerned, admittedly no proof of income is placed before the Tribunal. Hence, the income of the injured is re- assessed at Rs.8,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. The appellant was aged about 48 years as on the date of accident, hence, the appropriate multiplier would be 13. Hence, the appellant is entitled to compensation under the head of loss of future income due to disability as under: Rs.8,500 X 12 X 13 X 12% = Rs.1,59,120/-. - 6 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 8. It is averred that the appellant was in-patient for a period of 16 days and undergone surgery, by considering the same, the compensation on other head is required to be re-assessed appropriately. Hence, the appellant would be entitled to compensation of Rs.25,500/- (Rs.8,500 x 3) towards loss of income during the laid up period. The Tribunal has not awarded any compensation under the head of loss of amenities, which the appellant is entitled to, hence, the compensation of Rs.40,000/- is awarded to the appellant towards loss of amenities. The compensation awarded by the Tribunal towards other heads remain unaltered. Thus, the appellant would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Pain & suffering 50,000 Loss of income during laid up period 25,500 conveyance, attendant charges and food and nourishment 25,000 Loss of future income due to disability 1,59,120 Future medical expenses 15,000 Loss of amenities 40,000 Total 3,14,620 - 7 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,14,620/- as against Rs.2,20,000/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal is 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 a total compensation of Rs.3,14,620/- as against Rs.2,20,000/- 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. - 8 - HC-KAR NC: 2026:KHC:13746 M.F.A. No.2849/2020 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. e) The entire compensation amount shall be released in favour of the appellant- claimant. f) Registry shall transmit the records to the Tribunal forthwith. g) Registry shall draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 24