- 1 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.8823 OF 2015(MV-I) BETWEEN: SRI. KRISHNAN @ KITTACHARI, S/O. MUNIYACHARI, AGED ABOUT 61 YEARS, R/O. BOMMAGANAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT – 563 114. …APPELLANT (BY SRI. SURESH M., ADVOCATE) AND: 1. SRI. MANIKANDAN. T., S/O THIRUPATHI, AGE: MAJOR, NO. 83/1, CHITTITHANGAL ROAD, THANDALAM VILLAGE, WALAJA TALUK, VELLORE DISTRICT, TAMILNADU STATE – 632 001. 2. THE MANAGER, ORIENTAL INSURANCE CO. LTD., BRANCH OFFICE, RANIPET, NO. 17-A, KRISHNAGIRI ROAD, SKS COMPLEX, RANIPET, TAMILNADU STATE – 632 401. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND ADVOCATE FOR R2, R1 SERVED) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:24.03.2015 PASSED IN MVC NO.1/2013 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND CJM AND MACT, KOLAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT Heard Sri.Suresh.M, learned counsel for appellant and Sri.S.V.Hegde Mulkhand, learned counsel for respondent No.2. 2. This appeal is by the claimant seeking enhancement of compensation, so also on the finding of the Tribunal fastening the liability on the owner of the vehicle, arising out of the judgment and award dated 24.03.2015 in MVC.No.1/2013 on the file of Principal - 3 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 Senior Civil Judge and Motor Accident Claims Tribunal, Kolar1. 3. The date of accident, involvement of vehicle, injury suffered resulting in amputation of right leg below knee are not in dispute. The only dispute is with regard to liability fastened on the owner of the vehicle and quantum of compensation. So far as liability is concerned, the Co- ordinate Bench of this Court in MFA.No.3088/2014 in respect of the claim petition arising out of the same accident in respect of death of Muniyappa @ Muneerappa, held that the Insurer is liable to pay the compensation, on the premise that additional premium is received covering the employees and further held that the insurer could not escape award liability. This is not seriously disputed by the learned counsel for Insurer, who has admitted the liability in terms of the order dated 23.08.2018 passed by the Co- ordinate Bench of this Court in aforesaid 1 “Tribunal for short” - 4 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 MFA.No.3088/2014 in case of Smt.Radhamma and others Vs. Sri.Manikanda and Another. 4. The only matter which remains for consideration in this appeal is with regard to quantum of compensation. The Tribunal has considered the income at Rs.4,000/- p.m, in respect of the accident which has occurred in the year 2011. As per the chart prepared by the Karnataka State Legal Services Authority, the income fixed for unskilled coolie for settlement of dispute before the Lok Adalath is Rs.6,500/- p.m, for the year 2011. In the absence of income proof, the same is considered instead of Rs.4,000/- p.m. In that view of the matter, the compensation awarded under the head loss of future earnings is required to be reconsidered. 5. A perusal of the compensation awarded by the Tribunal, except medical expenses of Rs.2,600/-, all other heads requires reconsideration. Accordingly, this Court proceed to reassess the compensation awarded by the Tribunal as under: - 5 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain and suffering 25,000-00 75,000-00 2. Future loss of earnings 1,34,400-00 2,18,400-00 [6,500x12x7x40%] 3. Treatment and Medical expenses 2,600-00 2,600-00 4. Food, nourishment, attendant charges and conveyance 10,000-00 25,000-00 5. Loss of amenities of life 25,000-00 75,000-00 TOTAL 1,97,000-00 3,96,000-00 6. On re-assessment, the claimant is entitled for re-assessed compensation of Rs.3,96,000/- as against Rs.1,97,000/- awarded by the Tribunal, which shall carry interest at the rate of 6% per annum from the date of petition till realization. 7. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is allowed-in-part; - 6 - HC-KAR NC: 2026:KHC:29533 MFA No. 8823 of 2015 ii) The judgment and award dated 24.03.2015 in MVC.No.1/2013 passed by the Principal Senior Civil Judge and Motor Accident Claims Tribunal, Kolar, is modified and and reassessed at Rs.3,96,000/-; iii) The liability fastened on respondent No.1- Insured is set aside. iv) Respondent No.2-Insurer shall deposit the entire re-assessed compensation amount of Rs.3,96,000/- along with interest at 6% per annum from the date of petition till realization within six weeks from the date of receipt of a copy of this order. v) Upon deposit, entire compensation amount shall be released in favour of the claimant on proper identification. Sd/- (T.M.NADAF) JUDGE RR/ List No.: 1 Sl No.: 5/ct-vn