- 1 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2810 OF 2016 (MV-I) BETWEEN: THOFIQUE @ TOUFEER S/O SHAFIULLA, AGED ABOUT 23 YEARS R/O HORAPET, CHITRADURGA-577 501. APPELLANT (BY SRI. R. SHASHIDHARA.,ADVOCATE) AND: 1. NAGARAJA E S/O ERAPPA P H MAJOR, OWNER OF AUTORIKSHAW BEARING REG NO. KA-16-B-886, R/O MEDEHALLI VILLAGE, CHITRADURGA TALUK & DISTRICT - 577 502. 2. THE BRANCH MANAGER RELIANCE GENERAL INSURANCE CO LTD., BRANCH OFFICE NEAR NANJUNDESHWARA PETROL BUNK,B.D.ROAD, CHITRADURGA TOWN-577 501. RESPONDENTS (BY SRI. ASHOK N PATIL.,ADVOCATE FOR R2; Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 V/O DTD 07.02.2017 NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.01.2016 PASSED IN MVC NO.103/15 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, C.J.M., MAT-3, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Principal Senior Civil Judge, CJM, and MACT-III, Chitradurga has passed a common judgment and award in MVC.Nos.103/2015, 104/2015 and 162/2015 on 20.01.2016. This appeal is filed by the claimant challenging the judgment and award dated 20.01.2016 passed in MVC.No.103/2015, seeking for enhancement of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2. The ranks of the parties are retained as per Tribunal for the sake of convenience. - 3 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 3. The injured / claimant met with an accident on 06.02.2014 and he filed the claim petition claiming compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record and granted an amount of Rs.3,29,600/- together with interest at the rate of 7.5% per annum from the date petition till the deposit. Aggrieved by the said order, he preferred an appeal and mainly contented that appellant was working as a mechanic and earning Rs.15,000/- per month. But the Tribunal has erred in taking his income as Rs.7,000/- per month. He examined the doctor and doctor assessed the disability of the right hip and thigh as 38%. His leg was short and the Tribunal has taken 13% disability which is on the lower side and the interest is to be granted at the rate of 9%. The Tribunal has granted meager amounts under the other heads and therefore requested for enhancement of the compensation. 4. Though the petitioner stated that he was earning Rs.15,000/- per month, he has not filed any income proof. As he met with an accident in the year 2014, this Court finds it is reasonable to take his notional income as Rs.8,500/- as per the chart prepared by the Karnataka State Legal Services - 4 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 Authority. The petitioner was aged 25 years and the relevant multiplier is '18'. He examined the doctor as PW.4, he stated that the petitioner sustained fracture shaft of left femur, took treatment at various hospitals and admitted for two days. It is stated that PW.4 is not a treated doctor, but he evaluated the case and assessed the disability of 38% to the particular. The Tribunal rightly considered 1/3rd of the same as 13%. Therefore, this Court finds no reason to interfere with the same. The loss of future earning capacity comes to Rs.8,500/- X 12 X 18 X 13% =Rs.2,38,680/-. The Tribunal has granted an amount of Rs.50,000/- towards pain and sufferings and the said amount is confirmed. Considering the nature of injuries, his occupation and other relevant factors this Court finds it reasonable to grant an amount of Rs.25,000/- towards loss of amenities and Rs.30,000/- towards food nourishment, attendant charges and transportation. The petitioner might not have attended any work at least for a period of four months, therefore, Rs.34,000/- is to be granted under the head of loss of income during laid up period. The petitioner might not have produced any medical bills, therefore, no amount is granted - 5 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 under the heads of medical expenses or future medical expenses. 5. Thus in all, compensation awarded by this Court is as below: 6. Hence, the appellant-claimant is entitled for a total compensation of Rs.3,77,680/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 20.01.2016 passed in MVC.No.103/2015 on the file of the learned Sl.Nos. Particulars Amount in Rs. 1. Towards pain and suffering 50,000/- 2. Towards loss of amenities 25,000/- 3. Towards food, nourishment, attendant charges and transportation. 30,000/- 4. Towards loss of income during laid up period 34,000/- 5. Towards future earning capacity 2,38,680/- Total 3,77,680/- - 6 - HC-KAR NC: 2026:KHC:29739 MFA No. 2810 of 2016 Principal Senior Civil Judge, CJM, and MACT-III, Chitradurga, is modified. iii. The claimant is entitled to a sum of Rs.3,77,680/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.3,29,600/- granted by the tribunal. iv. Respondent No.2/ Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.2/ Insurance Company is directed to deposit the enhanced compensation of Rs.48,080/- along with the interest at the rate of 6% within one month from the date of this order. v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 55