- 1 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 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.7524/2018 (MV-I) BETWEEN: SRI. RAMABHOVI S/O LATE DASA BHOVI AGED ABOUT 61 YEARS R/AT II BLOCK, BEHIND POLICE STATION SATHNUR VILLAGE AND HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADV.,) AND: 1. THE DEPUTY DIRECTOR GENERAL OF POLICE INTERNAL SECURITY DIVISION NO.60, RICHMOND ROAD BANGALORE - 25. 2. KARNATAKA GOVERNMENT INSURANCE DEPARTMENT (KGID) (MOTOR INSURANCE DEPARTMENT) VISVESWARAIAH TOWER DR. AMBEDKAR VEEDHI BENGALURU - 560 001. …RESPONDENTS (GA FOR R2 V/O/DTD:06.12.2022, NOTICE TO R1 IS D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13/04/2018, PASSED IN MVC NO.2285/2017, ON THE FILE OF THE VII ADDITIONAL JUDGE & XXXII ACMM., COURT OF SMALL CAUSES, BENGALURU (SCCH- 3), 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal by the injured claimant challenging the judgment and award dated 13.04.2018 passed in M.V.C.No.2285/2017 by the VII Additional Judge and XXXII ACMM Court of Small Causes, Bangalore (SCCH-3) (for short, 'the Tribunal'). 2. Sri.Shripad V. Shastri, learned counsel appearing for the appellant-claimant submits that the Tribunal has committed a grave error in assessing the income of the claimant as well as the disability which would be contrary to the oral and documentary evidence on record. It is submitted that the claimant has suffered numerous fractures and was provided treatment in two hospitals as an inpatient for a period of 7 - 3 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 days. Considering the said aspect, the compensation on all other heads is required to be enhanced appropriately. 3. There is no representation for the respondent No.2. 4. I have heard the arguments of the learned counsel for the appellant and perused the material available on record. 5. The records indicate that the claimant Ramabhovi met with a road accident on 01.12.2014 and he has sustained the following fractures and injuries: Fracture of both bones of left leg, fracture of shaft and left humerus, fracture of 6th to 10th ribs of left side chest, swelling, tenderness and deformity in the left leg, swelling and tenderness and deformity in the left arm, tenderness (O) left side chest and other injuries. 6. In order to prove the disability, the claimant examined himself as PW-1 and also examined PW-3, who has assessed the disability to an extent of 25%. Considering the nature of injuries and the treatment provided, the Tribunal has rightly assessed the disability at 22% which does not call for any interference. The Tribunal has assessed the income of the - 4 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 claimant at Rs.6,500/- p.m. Admittedly, the claimant has not placed any evidence with regard to the income. Hence, his income is notionally re-assessed at Rs.8,500/- p.m. placing reliance on the chart prepared by the Karnataka State Legal Services Authority. The claimant was an inpatient for a period of 38 days in two different hospitals namely Sanjay Gandhi Hospital, Bangalore as well as Jayadeva Hospital, Bangalore. A perusal of the oral evidence of PW-3 and other medical evidence on record his left leg, chest portion and sustained tenderness, deformity on the left arm. Considering the aforesaid aspects, I am of the considered view that the compensation is required to be re-assessed appropriately and accordingly, the same is re-assessed as under: HEADS AMOUNT (in Rs.) Pain and suffering 60,000 Loss of amenities 50,000 Loss of earning due to disability (8,500 x 12 x 9 x 22%) 2,01,960 Loss of income during laid up period (8,500 x 3) 25,500 Medical expenses 30,400 Food, nourishment and attendant charges 25,000 Future medical expenses 30,000 Total 4,22,860 - 5 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,37,400/- as against Rs.1,92,300/- awarded by the Tribunal. 7. 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 13.04.2018 passed by the Tribunal in M.V.C.No.2285/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,22,860/- as against Rs.3,37,400/-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 eight weeks from the date of receipt of the certified copy - 6 - HC-KAR NC: 2026:KHC:19253 M.F.A. No.7524/2018 of this judgment. On such deposit, the same shall be released in favour of the appellant-claimant. 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.: 21