- 1 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4100/2020 (MV-I) BETWEEN: VISHNU S/O SUDEVAN AGED 17 YEARS MINOR REP. BY HIS GUARDIAN MOTHER SMT. SAROJA R/AT. MURUGANAHALLI VILLAGE K. YEDATHORE POST KASABA HOBLI, H D KOTE TALUK MYSURU DISTRICT. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADV.,) AND: 1. SUDEVAN S/O KRISHNAPPA AGED ABOUT 51 YEARS R/AT. MURUGANAHALLI VILLAGE K. YEDATHORE POST KASABA HOBLI, H D KOTE TALUK MYSURU DISTRICT (OWNER OF MOTOR CYCLE KA-45-Q-0410). 2. THE MANAGER, DIVISIONAL OFFICE TATA A.I.G. GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, SUNNI CENTRE 374, KALIDASA ROAD VIJAYANAGAR 1ST STAGE MYSURU-570004. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADV., FOR R2 V/O/DTD:11.07.2022, NOTICE TO R1 IS D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2020 PASSED IN MVC NO.721/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, 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 30.01.2020 passed in MVC.No.721/2019 by the III Additional District 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. Heard Sri.Syed Abdul Saboor, learned counsel for the appellant and Sri.Ravi S.Samprathi, learned counsel for the respondent No.2-Insurance Company. - 3 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 4. The appellant is seeking higher compensation by contending that the income assessed by the Tribunal at Rs.4,500/- is on the lower side as well as the assessment of disability is contrary to the evidence on record and also the award of compensation under other heads is also required to be enhanced appropriately. 5. The records indicate that the appellant met with a road accident on 21.05.2019 and he was provided treatment at St.Mary's Hospital, H.D.Kote, and thereafter he was shifted to another hospital at Mysuru. The appellant-injured was inpatient for 3 days and as per Ex.P5 - wound certificate, he suffered following injuries: "(1) Tenderness and deformity of left wrist. (2) Fresh abrasion over right supra orbital region" 6. In order to prove the disability and the claim, the mother of the injured was examined as PW1 and examined Dr.Jagannath D., as PW2 and produced documentary evidence as Exs.P1 to P12. On behalf of the - 4 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 respondent-Insurance Company RW1 has been examined and produced documentary evidence as Exs.R1 to R5. 7. Admittedly, the injured was aged about 16 years. In view of the law laid down by the Hon'ble Supreme Court in the case of Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari and Another1, the income of the injured is required to be assessed notionally at Rs.14,000/- per month placing reliance on the national income chart prepared by KSLSA and the appropriate multiplier would be 18. 8. Taking note of the injuries suffered as per Ex.P5-wound certificate and oral evidence of PW2 Doctor, the disability is reassessed at 7% to the whole body. Hence, the appellant-injured is entitled to compensation under the head of loss of future income due to disability as under: Rs.14,000 X 12 X 18 X 7% = Rs.2,11,680/-. 1 2025 ACJ 1986 - 5 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 9. Having re-assessed the income and disability and considering the fact that the appellant was in-patient for 3 days and the treatment provided to him, I am of the considered view that the compensation awarded under other heads is also required to be enhanced appropriately. Hence, the appellant would be entitled to compensation of Rs.40,000/- towards loss of amenities in life and Rs.25,000/- towards food, nourishment, conveyance and attendant charges. The compensation awarded by the Tribunal towards pain and sufferings, medical expenses and future medical expenses is unaltered. 10. Thus, the appellant would be entitled to modified compensation as under: HEADS AMOUNT (in Rs.) Pain and suffering 40,000 Medical expenses 44,628 Food, nourishment, conveyance and attendant charges 25,000 Loss of amenities in life 40,000 Loss of future income due to disability 2,11,680 Future medical expenses 20,000 Total 3,81,308 - 6 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,81,308/- as against Rs.1,94,728/- awarded by the Tribunal. 11. 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.3,81,308/- as against Rs.1,94,728/- 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. - 7 - HC-KAR NC: 2026:KHC:19195 M.F.A. No.4100/2020 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) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 13