- 1 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3505/2020 (MV-I) BETWEEN: S. DORESWAMY S/O D. SHIVANNA AGED ABOUT 42 YEARS R/AT HOUSE NO.26, ERAPPANA KOPPALU YELWALA HOBLI, MYSURU DISTRICT. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADV.,) AND: 1. BOPANNA P.M. S/O MAHADEVAPPA P.C. AGED ABOUT 42 YEARS R/AT HOUSE NO.791/B1 SRIRANGAPATNA TOWN AND TALUK MANDYA DIST-571438 (DRIVER CIM OWNER KA-02-Z0555). 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD, BALLAL CIRCLE. ABOVE STATE BANK OF MYSURU KRISHNAMURTHYPURAM, MYSURU-570004 INSURER OF CAR KA-02-Z0555. …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADV., FOR R2 NOTICE TO R1 IS D/W V/O/DTD:06.04.2023) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 14.11.2019 PASSED IN MVC NO.436/2018 ON THE FILE OF THE JUDGE, ADDITIONAL COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 14.11.2019 passed in MVC.No.436/2018 by the Judge, Additional Court of Small Causes and Senior Civil Judge, MACT, Mysuru, (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 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 3. Sri.Syed Abdul Saboor, learned counsel for the appellant submits that the Tribunal has committed a grave error in assessing the income and disability of the injured- claimant. It is submitted that compensation awarded by the Tribunal on other heads is also meager and is contrary to the oral evidence of PWs-1 and 3 and other material evidence available on record. Hence, he seeks to allow the appeal. 4. Per contra, Sri.K.N.Srinivasa, learned counsel for the respondent No.2-Insurance Company opposes the appeal and seeks to sustain the judgment and award passed by the Tribunal. It is submitted that the appellant- claimant has not produced any evidence with regard to the income, hence, the Tribunal assessed the income at Rs.7,000/- per month. It is further submitted that the Tribunal considering the oral evidence Dr.Girish Chandra R. - PW-3 assessed the disability at 12% to the whole body which itself is on the higher side. It is also submitted that the compensation awarded on all other heads is also - 4 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 just and fair and does not call for interference. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record. 6. The only point that would arise for consideration in this appeal is : "Whether the judgment and award passed by the Tribunal calls for any interference?" 7. The records indicate that on 09.03.2018 the appellant-claimant met with a road accident and he was provided treatment at St.Joseph Hospital, Mysuru, and he was hospitalized on two occasions from 09.06.2018 to 20.04.2018 and from 14.05.2018 to 21.05.2018, in all, he was in-patient for a period of 19 days. The appellant, in order to prove the claim, examined himself as PW-1 and got examined Dr.Girish Chandra R. as PW-3, who assessed the disability of the appellant at 35.2%. The Tribunal - 5 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 considering the discharge summary at Exs.P-14 & 15, wound certificate Ex.P-5 and other medical evidence on record, assessed the disability of the appellant at 12%, in my considered view the same is in consonance with the evidence on record. 8. Insofar as income of the appellant-claimant is concerned, admittedly, the appellant has not produced any proof for income, hence, the income of the appellant is re- assessed notionally at Rs.12,500/- placing reliance on the notional income chart prepared by the KSLSA. The appellant was aged about 42 years as on the date of accident, the appropriate multiplier would be 14, which has been rightly considered by the Tribunal. Hence, the appellant is entitled to compensation under the head of loss of future income due to disability as under: Rs.12,500 X 12 X 14 X 12% = Rs.2,52,000/-. 9. Taking note of the injury and disability suffered by the appellant and more particularly, oral testimony of - 6 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 PW-3 and other material evidence on record, I am of the am of the considered view that the compensation awarded by the Tribunal under other heads is also required to be re-assessed appropriately. Hence, the appellant would be entitled to compensation of Rs.45,000/- towards pain & suffering; Rs.37,500/- (Rs.12,500 x 3) towards the loss of income during laid-up period; Rs.20,000/- towards attendant charges, extra diet, nourishment and conveyance; Rs.40,000/- towards loss of amenities. The compensation awarded by the Tribunal towards medical expenses is unaltered. Thus, the appellant would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Pain & suffering 45,000 Loss of income during laid up period 37,500 Towards attendant charges, extra diet, nourishment and conveyance 20,000 Loss of amenities in life 40,000 Medical bills 3,85,000 Loss of future income due to disability 2,52,000 Total 7,79,500 - 7 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.7,79,500/- as against Rs.5,70,000/- awarded by the Tribunal. 10. 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.7,79,500/- as against Rs.5,70,000/- 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. d) The Insurance Company shall deposit the enhanced compensation amount with - 8 - HC-KAR NC: 2026:KHC:14397 M.F.A. No.3505/2020 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.: 28