- 1 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 3459 OF 2023 (MV-I) BETWEEN: 1. SRINIVAS NAIK. B. H. S/O. HALA NAIK B.H. AGED ABOUT 32 YEARS R/AT POSTAL STAFF QUARTERS KUVEMPU ROAD SHIVAMOGGA-577 201. PRESENTLY RESIDING AT NANJAPPA LAYOUT VIDHYANAGAR, TUMKURU - 577 101. …APPELLANT (BY SRI. MALLIKARJUN DODDABASAVARAJAPPA RYAKHA, ADVOCATE) AND: 1. J. P. SURESH S/O. PAPEGOWDA AGED ABOUT 52 YEARS R/AT No.154/A, SRI LAKSHMIVENKATESHWARA NILAYA VISHWESHWARIAH ROAD VIDYANAGARA HASSAN-585 288.. 2. THE MANAGER, NATIONAL INSURANCE CO., LTD., ISSUED OFFICE AT HASSAN-585 288. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 SERVICE ADDRESS: THE MANAGER, NATIONAL INSURANCE CO., LTD., BEHIND KRISHNA THEATER M.G. ROAD, TUMKUR – 575 101. …RESPONDENTS (BY SRI RAVISH BENNI, ADVOCATE FOR R2 V/O DTD. 5.6.23 NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:18.10.2021 PASSED IN MVC No.1155/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by appellant/claimant seeking enhancement of compensation awarded in judgment and award dated 18.10.2021 passed in MVC No.1155/2019 by the VII Additional District Judge and Member, MACT, Tumakuru. - 3 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 2. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident which took place on 12.04.2019, contending that the accident occurred due to rash and negligent driving of the driver of vehicle bearing Regn.No.KA-14-E-2213. The Tribunal recorded the evidence and appreciating the evidence assessed the compensation under different heads as under: Sl. No. Heads Amount 1. Expenditure for treatment 2,00,000 2. Attendant and transportation charges 25,000 3. Loss of income during laid up period 25,000 4. Loss of future income NIL 5. Future Medical expenditure 25,000 6. Pain and suffering 25,000 Total 3,00,000.00 3. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2 – insurer to pay the award amount with interest. The appellant/claimant has filed the present - 4 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 appeal seeking enhancement of compensation awarded by the Tribunal. 4. Heard the learned counsel for the appellant and learned counsel for respondent No.2/insurer. 5. Learned counsel for the appellant would contend that the claimant who was doing hotel business earlier is not doing his hotel business and the hotel business is managed by his father. The Doctor has stated that there is disability to whole body at 7% and that is to be taken into consideration for award of loss of future income. The Tribunal has erroneously disallowed the medical bills. The claimant has incurred medical expenses of Rs.4,25,620/- as per Ex.P17 – bills. The compensation awarded for pain and suffering, loss of income during laid up period are on lower side. The Tribunal has not awarded loss of amenities. With this, he prayed to allow the appeal. 6. Learned counsel for respondent No.2/insurer would contend that the Tribunal has rightly held that the - 5 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 claimant is not entitled to loss of future income since the document produced by him itself show that he is getting more income than the income he was getting prior to the accident even though he has sustained disability. The compensation awarded under different heads is just and proper. The Tribunal has disallowed some of the medical bills on the ground of duplication. With this he prayed to dismiss the appeal. 7. Having heard the learned counsels, the Court has perused the judgment and award and the trial Court records. 8. Ex.P3, wound certificate indicate that the claimant has sustained the following injuries: • Cut lacerated present over left occipital region 4x2x1 cm • Cut lacerated wound over left ankle 2 x 2 complainant • Abrasion over face • Type II open fracture distal tibia left – communited intraarticular. - 6 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 9. Ex.P.24 is the disability certificate. PW.3 is the Doctor who has assessed the disability of the appellant/claimant at 7% to the whole body. The claimant has been admitted in the hospital for 17 days. 10. Considering the injuries stated supra, the compensation awarded for pain and suffering requires to be enhanced to Rs.75,000/- as against Rs.25,000/- awarded by the Tribunal. The Tribunal has not awarded loss of amenities and claimant is entitled to loss of amenities in a sum of Rs.50,000/-. 11. The Tribunal has considered that the claimant is getting income of Rs.50,000/- p.m. from his hotel business. Considering the injuries noted supra and that he has been admitted in the hospital for 17 days, he requires rest for a period of two months. Therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.1,00,000/- (Rs.50,000 x 2). - 7 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 12. The claimant has produced his income tax returns at Ex.P8. The income tax returns indicate that he was getting Rs.3,00,000/- net income from his business for the financial year 1.4.2018 to 31.03.2019 and Rs.4,85,000/- for the assessment year 2020-2021. The accident has taken place on 12.04.2019. Considering the said aspect, the claimant is getting more income than the income what he was getting prior to the accident. Therefore, even though the claimant has sustained 7% disability to the whole body, he is not entitled to loss of future income as held by the Tribunal. 13. The Tribunal has held that there is duplication of some of the bills produced in Ex.P17 and disallowed the said bills and awarded Rs.2,00,000/- towards medical expenses. Learned counsel for the appellant is not able to point out that the bills disallowed by the Tribunal are not duplication of the other bills. Considering the said aspect, the Tribunal has rightly awarded medical expenses of - 8 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 Rs.2,00,000/- by disallowing the amount of bills which are duplication of other bills produced. 14. Considering the above aspects, the total compensation payable under different heads are under: Sl. No. Heads Amount 1. Expenditure for treatment 2,00,000 2. Attendant and transportation charges 25,000 3. Loss of income during laid up period 1,00,000 4. Loss of future income NIL 5. Future Medical expenditure 25,000 6. Pain and suffering 75,000 7. Loss of amenities 50,000 Total 4,75,000 13. Considering the above aspect, the claimant is entitled for enhanced compensation of Rs.1,75,000/- (Rs.4,75,000 – Rs.3,00,000) with interest @ 6% p.a. from the date of petition till realization. Respondent No.2 – insurer is liable to pay the said enhancement of - 9 - HC-KAR NC: 2026:KHC:31006 MFA No. 3459 of 2023 compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.1,75,000/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the said enhanced compensation amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount. iv) The claimant is entitled to release of entire compensation. v) The claimant is not entitled to interest for delay period of 361 days in filing the appeal. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 52