- 1 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7919 OF 2024 (MV-I) BETWEEN: 1. SRI YADHUKUMARA S/O CHIKKEGOWDA AGED ABOUT 36 YEARS R/AT KABBALI HOSALLI VILLAGE DUDDA HOBLI, HASSAN TALUK AND DISTRICT-573 201. …APPELLANT (BY SRI H J ANANDA, ADVOCATE) AND: 1. NAVEEN L N S/O NAGEGOWDA AGED ABOUT 32 YEARS R/AT LINGAPPANA KOPPALU VILLAGE MATHIGATTA POST, BELUR TALUK HASSAN DISTRICT-573 201. …RESPONDENT (SERVED - UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:12.07.2024 PASSED IN MVC No.240/2018 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 THIS APPEAL, COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 12.07.2024 passed in MVC No.240/2018 by Principal Senior Civil Judge and MACT, Hassan. 2. Inspite of service of notice, respondent remained absent and unrepresented. 3. The appellant -claimant made a claim petition seeking award of compensation for the injuries sustained by him in a road traffic accident which occurred on 10.07.2017, contending that accident occurred due to rash and negligent driving of driver of Tata Ace bearing registration No.KA-02/D-3400. The Tribunal after recording the evidence and appreciating the evidence on record, assessed the compensation under defendant heads as under: - 3 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 Compensation Heads Compensation amount (Rs.) 1.Towards Pain & Suffering Rs.20,000-00 2.Medical Expenses Rs.2,02,000-00 3.Diet, Nourishment, conveyance & Attendant Charges Rs.20,000-00 4.Towards loss of income during laid-up period. Rs.7,750,-00 5. Loss of Future Income on account of permanent Physical Disability Rs.1,57,500-00 6.Loss of Amenities and Enjoyment of Life Rs.10,000-00 Total Rs.4,17,250-00 (Rupees Four Lakhs Seventeen Thousand Two Hundred and Fifty Only) 4. The Tribunal has also awarded interest at the rate of 7% per annum from the date of petition till realization. As there was no insurance, the respondent has been directed to pay the compensation amount with interest. The claimant has filed present appeal seeking enhancement of compensation. 5. Heard learned counsel for the appellant. 6. Learned counsel for the appellant would contend that the claimant has sustained fracture of femur, tibia and fibula and the doctor has assessed the disability of 37% of the lower limb and Tribunal has erred in taking - 4 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 the disability at 10% to the whole body. The Tribunal ought to have taken 1/3rd of 37% of the disability to the whole body. Considering the injuries sustained, the claimant is entitled to higher compensation under the head of pain and suffering, loss of income during laid up period, and loss of amenities. The accident occurred in the year 2017 and as per the chart of Karnataka Legal Services Authority, the notional income for the said year is Rs.11,000/- and Tribunal has erred in taking the income of the claimant at Rs.7750/-. Considering the injuries sustained by the claimant, he requires rest at least for 03 months and therefore, claimant is entitled to loss of income during laid up period for 03 months as against one month as awarded by the Tribunal. With these, he prays to allow the appeal and enhancement of compensation. 7. The accident occurred on 10.07.2017. The notional income fixed by the Legal Services Authority for the year 2017 is Rs.11,000/- per month. Therefore, income of the claimant has to be taken at Rs.11,000/- as - 5 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 against Rs.7750/- as taken by the Tribunal. On perusal of wound certificate –Ex.P5 copy of which is made available by learned counsel for the appellant, the claimant has sustained the following injuries: a) Pain, swelling and deformity of thigh b) Pain, swelling and deformity of leg c) Lacerated wound over thigh 8. The X-ray shows fracture of femur, fracture of tibia and fibula. Considering the said aspect, the claimant has sustained three fractures. P.W.2 is doctor who has assessed the disability and has given evidence that the claimant has sustained disability at 37% of his lower limb. Considering the said evidence of P.W.2, disability to the whole body is taken to be 1/3rd of 37%. Therefore, the disability is to be taken at 12% of the whole body. Considering the said aspect, the claimant is entitled to loss of future income as under: Rs.11,000/-x12x17x12% = Rs.2,69,280/- - 6 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 9. Considering the injuries sustained by the claimant noted supra, he is entitled to a sum of Rs.90,000/- for pain and suffering as against Rs.20,000/- as awarded by the Tribunal and Rs.50,000/- for loss of amenities as against Rs.10,000/- as awarded by the Tribunal. Considering the injuries sustained by the claimant, he has to take rest at least for 03 months and therefore, he is entitled to loss of income during laid up period of 03 months in a sum of Rs.33,000/- (11,000/- x 3) as against Rs.7,750/- as awarded by the Tribunal. The claimant has been admitted in hospital for 13 days and therefore he is entitled to attendant and conveyance charges in a sum of Rs.13,000/- (Rs.1000/- x13) as against Rs.20,000/- as awarded by the Tribunal. The Tribunal has rightly awarded medical expenses in a sum of Rs.2,02,000/-. In view of the above, the claimant is entitled to total compensation under different heads as under: - 7 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 Compensation Heads Compensation amount (Rs.) 1.Towards Pain & Suffering Rs.90,000-00 2.Medical Expenses Rs.2,02,000-00 3.Diet, Nourishment, conveyance & Attendant Charges Rs.13,000-00 4.Towards loss of income during laid-up period. Rs.33,000,-00 5. Loss of Future Income on account of permanent Physical Disability Rs.2,69,280-00 6.Loss of Amenities and Enjoyment of Life Rs.50,000-00 Total Rs.6,57,280 -00 10. The claimant is entitled to enhanced compensation of Rs.2,40,030/- (Rs.6,57,280/- minus Rs.4,17,250/-) with interest at the rate of 6% per annum form the date of petition till reliasation. The respondent – owner of the vehicle is liable to pay said enhanced compensation to the claimant with interest. The Tribunal has awarded interest at the rate of 7% and it is on higher side considering the Bank rate of interests. Therefore, claimant is entitled to interest at the rate of 6% per annum from the date of petition till relaisation. 11. In view of the above, the following - 8 - HC-KAR NC: 2026:KHC:32092 MFA No. 7919 of 2024 ORDER i) The appeal is allowed in part. ii) The claimant is entitled to enhanced compensation of Rs.2,40,030/- with interest at the rate of 6% per annum form the date of petition till reliasation. iii) The respondent –owner of the vehicle is liable to pay said enhanced compensation to the claimant with interest. iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 52