- 1 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.7571/2018 (MV-I) BETWEEN: MR. NOUSHAD .K S/O ISMAIL AGED ABOUT 26 YEARS R/AT D.NO.4-30, KADAVINABAGILU HOUSE IIANTHALA VILLAGE AND POST BELTHANGADY TALUK PRESENTLY RESIDING AT AKASH RESIDENCY, ULLALA MANGALORE-575020. …APPELLANT (BY SRI. GURUPRASAD B.R. ADV.,) AND: 1. NATIONAL INSURANCE CO. LTD., LOCAL OFFICE, BHARATH BUILDING 3RD FLOOR, P M RAO ROAD MANGALURU-02 REPRESENTED BY ITS MANAGER. 2. MR. ABDUL SIDDIQ S/O N. ABBAS AGED MAJOR R/AT NEERABARI HOUSE THEKKARU POST AND VILLAGE BELTHANGADY TALUK D.K.-574241. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 3. MRS. LEELAVATHI W/O RAMAKRISHNA H. UDUPA ADULT, SHAHPUR GALLI BASAVAKALYANA BIDAR DIST-585437. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADV., FOR R1 V/O/DTD:30.03.2024, NOTICE TO R2 & R3 ARE D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03/10/2017, PASSED IN MVC NO.1103/2016, ON THE FILE OF THE MEMBER, MACT & I ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, D.K., PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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 claimant challenging the judgment and award dated 03.10.2017 passed in M.V.C.No.1103/2016 by the Motor Accident Claims Tribunal and I Additional Senior Civil Judge, Mangaluru, D.K. (for short, 'the Tribunal'). 2. Sri.Guruprasad B.R., learned counsel for the appellant submits that the Tribunal has committed a grave - 3 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 error in assessing the income of the claimant as well as the disability and has awarded a meagre compensation on all the other heads. It is submitted that the claimant has sustained fracture of dislocation of right hip and open fracture of two bones of left leg and other injuries. Considering the same, PW-5 has assessed the disability at 33% to both the limbs and the Tribunal has assessed the whole body disability at 7%. The same may be re- assessed at atleast 11%. It is further submitted that the award of compensation by the Tribunal under the head of loss of amenities and future medical expenses is on the lower side. The award of compensation towards future medical expenses at Rs.15,000/- is contrary to the evidence of PW-5 who had assessed the same at Rs.45,000/-. Hence, he seeks to allow the appeal. 3. Per contra, Sri.S.V.Hegde Mulkhand, learned counsel for the respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the Tribunal, taking note of the injuries suffered as mentioned - 4 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 at Ex.P4, has rightly assessed the disability and awarded a just compensation. It is submitted that insofar as the future medical expenses is concerned, the evidence of PW- 5 is not clear with regard to the actual expenses likely to be incurred by the claimant and hence, considering the same, the Tribunal has awarded Rs.15,000/- towards future medical expenses and the same does not call for any enhancement. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of the learned counsel for the appellant, the learned counsel for the respondent No.1 and meticulously perused the material available on record. 5. It is not in dispute that the claimant met with a road accident on 20.05.2016 and he was provided treatment at Highland Hospital, Mangaluru, as an inpatient for 9 days. As per Ex.P4 and the oral evidence of PW-5, it is noticed that the claimant sustained fracture of dislocation of right hip, fracture of both bones of left leg, - 5 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 tibia and fibula and other injuries. Considering the aforesaid injuries and taking note of the oral evidence of PW-5, I am of the considered view that the disability to the whole body is required to be assessed at 11%. The income of the claimant is not proved before the Tribunal. Hence, his income is notionally re-assessed at Rs.9,500/- p.m. placing reliance on the notional income chart prepared by Karnataka State Legal Services Authority. A perusal of the oral evidence of PW-5 clearly indicates that he has assessed the medial expenses at Rs.45,000/- and the Tribunal, without any justifiable reason has reduced the same to Rs.15,000/-. Hence, the claimant would be entitled to Rs.45,000/- under the head of future medical expenses. Having re-assessed the notional income and the disability, the compensation on some of the heads is required to be re-assessed and accordingly, the same is re-assessed as under: HEADS AMOUNT (in Rs.) Pain and suffering 65,000 Medical expenses 87,000 - 6 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 Food, nourishment, attendant charges and conveyance 20,000 Loss of amenities 45,000 Loss of future income due to disability (9,500 x 12 x 17 x 11%) 2,13,180 Loss of income during laidup period (9,500 x 3) 28,500 Future medical expenses 45,000 TOTAL 5,03,680 Thus, the claimants shall be entitled to a total compensation of Rs.5,03,680/- as against Rs.2,95,000/- awarded by the Tribunal. 6. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed-in-part. b) The impugned judgment and award dated 03.10.2017 passed by the Tribunal in M.V.C.No.1103/2016 is modified to an extent that the appellant-claimant would be entitled to the total compensation of - 7 - HC-KAR NC: 2026:KHC:19254 M.F.A. No.7571/2018 Rs.5,03,680/- as against Rs.2,95,000/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-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 the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV/List No.: 1 Sl No.: 22