- 1 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 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.8432/2018 (MV-I) BETWEEN: VARUN KUMAR .M S/O MURTHY .H AGED ABOUT 20 YEARS OCC: NIL R/AT NO.43, A.K. COLONY 3RD CROSS, JAYANAGAR 7TH BLOCK YEDIYUR, BENGALURU-82. …APPELLANT (BY SMT. SHARADAMBA A.R. ADV.,) AND: 1. MANJAMMA W/O MURTHY .H MAJOR, R/AT NO.43, A.K.COLONY 3RD CROSS, JAYANAGAR 7TH BLOCK YEDIYUR, BENGALURU-560082. 2. THE MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO.LTD., GOLDEN HEIGHTS 4TH FLOOR NO.1/2 59, C CROSS, 4TH BLOCK RAJAJINAGAR, BENGALURU-560010 …RESPONDENTS (BY SRI. O. MAHESH, ADV., FOR R2 NOTICE TO R1 IS D/W V/O/DTD:18.06.2025) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR RECORDS, ALLOW THIS APPEAL, AWARD COMPENSATION AS CLAIMED IN THE PETITION, BY MODIFYING THE JUDGMENT AND AWARD DATED 30.04.2018, PASSED BY THE COURT OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND THE MOTOR ACCIDENT CLAIMS TRIBUNAL, (SCCH-23) BENGALURU, IN MVC NO.576/2016. 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 30.04.2018 passed in MVC.No.576/2016 by the XXI Additional Small Causes Judge and MACT, Bengaluru (SCCH-23), (for short 'Tribunal'). 2. Though this appeal is listed for orders, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Smt.Sharadamba A. R., learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in assessing the income and - 3 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 disability of the appellant. It is submitted that the appellant had sustained two major fractures and was treated as an inpatient for a period of 4 days and had suffered during the course of treatment as well as thereafter. It is further submitted that the appellant had produced both oral and documentary evidence before the Tribunal to establish the income and disability of the appellant. However, the Tribunal has failed to appreciate the same in its proper perspective, which has resulted in awarding lesser compensation. Hence, she seeks to reassess the compensation appropriately by allowing the appeal. 4. Per contra, Sri.O.Mahesh, learned counsel appearing for respondent No.2/insurance Company supports the impugned judgment and award of the Tribunal and submits that PW3 is not the treating doctor and therefore, the Tribunal has rightly assessed the disability of the appellant at 8%, which does not call for any modification. It is submitted that the appellant has - 4 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 failed to produce any proof with regard to the income of the appellant. Hence, the assessment of the income of the appellant as well as the award of compensation by the Tribunal under the other heads is also just and proper and does not call for any enhancement. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on record. 6. The material on record indicates that the appellant met with a road accident on 10.10.2015 and was provided treatment at Deepak Hospital, Jayanagar and underwent surgery for the fractures sustained in the accident. The appellant was treated as an inpatient for a period of 4 days. It is averred that the injured appellant was aged about 18 years at the time of the accident and was working as a loader and unloader. Considering his avocation and keeping in mind the notional income chart prepared by the KSLSA, the income of the appellant is - 5 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 reassessed at Rs.9,000/- per month as against Rs.8,000/- per month assessed by the Tribunal. The evidence of PW1 and PW3, Ex.P7, the wound certificate and Ex.P9, the discharge summary, indicate that the appellant has sustained the following fractures: "1. Fracture clavicle (R) displaced. 2. Fracture distal end radius (L)." 7. It is also not is dispute that the PW3 is not the treated doctor. However, he examined the injured and based on his examination and perusal of the medical records, assessed the disability at 15% to the whole body. Taking note of the evidence of PW3 and other medical evidence on record, I am of the considered view that the interest of justice would be met if the disability is assessed at 10% to the whole body for the purpose of determination of compensation. It is not in dispute that the claimant was aged about 18 years at the time of the accident. Therefore, the appropriate multiplier would be 18, which has been rightly considered by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 Having reassessed the income and disability of the appellant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under Rs.9,000 X 12 X 18 X 10% = Rs.1,94,400/-. 8. The award of compensation by the Tribunal under the heads of pain and suffering and medical expenses remains unaltered. The Tribunal has not awarded any compensation under the heads of loss of amenities and loss of income during the laid-up period, which is required to be awarded in this case. However, taking note of the oral and documentary evidence on record, I am of the considered view that the compensation awarded by the Tribunal under other heads is required to be reassessed appropriately by enhancing the same. Therefore, the appellant is entitled to the modified compensation as under: - 7 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 Thus, the appellant-claimant shall be entitled to total compensation of Rs.4,09,365/- as against Rs.2,81,205/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands 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 total compensation of Rs.4,09,365/- as HEADS AMOUNT (in Rs.) Pain & suffering 40,000 Loss of amenities 40,000 Medical expenses 82,965 Loss of income during treatment period (Rs.9,000 X 3) 27,000 Loss of future income due to disability 1,94,400 Attendant charges, food and extra nourishing & conveyance etc. 25,000 Total 4,09,365 - 8 - HC-KAR NC: 2026:KHC:14394 M.F.A. No.8432/2018 against Rs.2,81,205/- 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 accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 21