- 1 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 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.1474/2020 (MV-I) BETWEEN: GODWIN PEREIRA NOW AGED ABOUT 28 YEARS S/O GILBERT PEREIRA R/O. PEREIRA COMPOUND HARADY POST, PUTTUR TALUK DAKSHINA KANNADA-574201. …APPELLANT (BY SRI. HAREESH BHANDARY T, ADV.,) AND: 1. MUNAVAR .M NOW AGED MAJOR S/O MOHAMMAD PEER R/O ADARSHA NAGAR LAILA POST BELTHANGADY TALUK DAKSHINA KANNADA DISTRTICT -574214. 2. THE MANAGER CHOLAMANDALAM M.S. GENERAL INSURANCE CO. LTD., 1ST FLOOR, S.R. COMPLEX BENDOOR WELL, MANGALORE KASABA HOBLI DAKSHINA KANNADA DISRICT-575001. …RESPONDENTS Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 (BY SRI. B. PRADEEP, ADV., FOR R2 NOTICE TO R1 D/W V/O/DTD:27.07.2023) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.22.02.2019 PASSED IN MVC NO.1922/2016 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, PUTTUR, D.K, 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 22.02.2019 passed in MVC.No.1922/2016 by the V Additional District & Sessions Judge and Member, Additional MACT, D.K., Mangaluru, sitting at Puttur, (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.Hareesh Bhandary T., learned counsel appearing for the appellant submits that the Tribunal has - 3 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 committed a grave error in assessing income of the appellant as Rs.16,000/- per month. It is submitted that the compensation awarded under the head of loss of amenities and future medical expenses is also on the lower side. It is further submitted that the Tribunal has failed to appreciate the oral and documentary evidence on record in its proper perspective. Hence, he seeks to allow the appeal. 4. Per contra, Sri.B.Pradeep, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the Tribunal has considered Ex.P30 produced by the appellant and as per the said document, the annual salary of the appellant is reflected as Rs.1,93,600/- and by considering the same, the Tribunal has rightly assessed the income of the appellant at Rs.16,000/- per month. It is submitted that other than the said document, no other acceptable evidence was placed before the Tribunal, hence, there is no scope to reassess the income. It is further submitted - 4 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 that the Tribunal has awarded an exorbitant compensation under the head of pain and suffering which could be adjusted under the head of loss of amenities. It is also submitted that the award of compensation under the head of loss of income during the laid-up period is also on the higher side as the appellant was an inpatient only for a period of 22 days. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both sides and meticulously perused the material available on record. 6. It is not in dispute that the appellant met with a road accident on 23.05.2016 and suffered injuries. The appellant was provided treatment at A.J. Hospital, Mangalore. Taking into consideration the nature of injuries, the disability suffered and the fact that the appellant had undergone two surgeries, the Tribunal awarded a total compensation of Rs.13,74,021/- along with the interest at the rate of 7% per annum from the date of petition till the realization. It is to be noticed that - 5 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 in order to prove the income, the appellant has produced document at Ex.P30. Ex.P30, the appointment letter dated 13.02.2015 issued by Accenture Private Limited, indicates that the annual cash component was Rs.1,93,600/-. The Tribunal considering the same, assessed the income of the appellant at Rs.16,000/- per month. The same is consistent with the evidence available on record, which does not call for any modification. 7. It is also to be noticed that the appellant was an inpatient for a period of 22 days and underwent surgeries. Considering the same, the Tribunal was justified in awarding compensation of Rs.95,000/- under the head of pain and suffering, which does not call for any modification. The respondent also submitted that the Tribunal has awarded higher compensation under the head of loss of income during the laid-up period. However, the same cannot be reduced in the absence of any appeal filed by the insurance company. The award of compensation under the heads of loss of future income due to disability, - 6 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 special diet, nourishment, attendant charges and travel expenses, and medical expenses remains unaltered. 8. By considering the oral and documentary evidence on record, I am of the considered view that the only scope for enhancement of compensation in this appeal is under the heads of loss of amenities and future medical expenses. Though PW3 has stated that the appellant/claimant requires a sum of Rs.5,00,000/- towards future medical expenses, however, no material particulars were placed before the Tribunal to substantiate the same. Hence, the said claim of Rs.5,00,000/- cannot be accepted. In view of the aforesaid facts, I am of the considered view that the appellant is entitled to an additional sum of Rs.40,000/- under the head of loss of amenities in addition to the amount awarded by the Tribunal. Similarly, the appellant is also entitled to an additional sum of Rs.10,000/- towards future medical expenses. Accordingly, the appellant is entitled to an - 7 - HC-KAR NC: 2026:KHC:13614 M.F.A. No.1474/2020 additional compensation of Rs.50,000/- over and above the compensation awarded by the Tribunal. 9. The impugned judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount of Rs.50,000/- shall carry interest at the rate of 6% per annum from the date of petition till realization. 10. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 19