- 1 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 4630 OF 2020 BETWEEN: SRI VENKANA GOUDA S/O HOLE GOUDA AGED ABOUT 28 YEARS NO.47, HULASANAHATTI GANGAVATHI TALUK KOPPAL DIST.- 583283. …APPELLANT (BY SRI. NANJE GOWDA T V., ADVOCATE) AND: 1. SRI. R. RANGACHARI W/O RANGAPPA AGED ABOUT 34 YEARS NALLAKADIRENA HALLI MANDIKAL POST CHIKKABALLAPUR TALUK AND DIST- 562104 2. CHOLAMANDALAM M S GENERAL INSURANCE CO.LTD. NO.4, 9TH FLOOR, GOLDEN HEIGHTS COMPLEX, 59TH C CROSS, 4TH M BLOCK, RAJAJINAGAR, BENGALURU- 560 010 …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 (BY SRI. H S LINGARAJU., ADVOCATE FOR R2; V/O DTD 17.11.2022, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.02.2020 PASSED IN MVC NO.7294/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU SCCH-25, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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 01.02.2020 passed in MVC No.7294/2018 by The I Additional Small Causes Judge and the MACT Bengaluru (SCCH-25) (for short "Tribunal"). 2. Sri Nanjegowda T.V., the learned counsel appearing for the appellant submits that the Tribunal has - 3 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 committed grave error in assessing the income, disability of the injured appellant. It is submitted that the award of compensation by the tribunal on all other heads is required to be reassessed appropriately. It is also submitted that the appellant is an engineering graduate and is undergoing training to appear for UPSC examination and paid Rs.85,000/- and the said amount is required to be reimbursed, as he could not attend the coaching in view of the accident. 3. Per contra, Sri. B. Pradeep, learned counsel appearing for the respondent No.2-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the material on record indicates that the fractures suffered by the appellant are fully united. By considering the same Rs.5,000/- is awarded under the head of future medical expenses. It is submitted that the appellant completed 10 months coaching for UPSC examination and there is no evidence on record to substantiate the claim for Rs.85,000/-. It is submitted - 4 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 that award of compensation by the Tribunal is just and proper and there is no scope for enhancement. Hence, he seeks to dismiss the appeal. 4. Heard the arguments on both sides and perused the material available on record. 5. The appellant as well as the contesting respondent are not in dispute that the appellant met with a road accident on 15.08.2018 and sustained a fracture of: i) Right femur fracture ii) Right communited patella fracture and other multiple simple injuries over the legs and hands. 6. The appellant-injured was admitted in Sagar Hospital, Bangalore and was inpatient for a period of 21 days. It is contented that the appellant is a Engineering graduate and was preparing for UPSC examination and paid Rs.85,000/-. It is to be noticed that the appellant underwent the aforesaid coaching for a period of 10 months out of 12 months and there is no evidence on - 5 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 record to reimburse the aforesaid amount. In other words, the appellant has failed to establish that the institute has not refunded the amount for remaining 2 months. In the absence of such evidence, there cannot be any reimbursement of the aforesaid amount. 7. Admittedly, the injured has not placed any evidence of his income. Hence, his income is notionally reassessed at Rs.12,500/- per month, placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. Considering the oral evidence of PW3, wound certificate at Ex.P3 and discharge summary at Ex.P10, I am of the considered view that the tribunal has fully justified in assessing disability at 12% to the whole body. However, the tribunal has awarded meager compensation on some of the heads. Hence, it is required to be reassessed appropriately. Insofar as the contention with regard to the future medical expenses is concerned, the perusal of the evidence of PW3 indicates that he has assessed approximate expenses for future medical - 6 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 amounting to be Rs.1,00,000/-. However the doctor has failed to give justifiable reasons to arrive at such a conclusion. In the absence of any cogent evidence, the award of Rs.5,000/-under the head of future medical expenses is appropriate. 8. The compensation on all other heads are required to be reassessed as under: HEADS AMOUNT (in Rs.) Loss of future income due to disability (12,500 X 12 X 17 X 12%) 3,06,000/- Pain & suffering 60,000/- Loss of amenities in life 50,000/- Food, nourishment, attendant charges 10,000/- Conveyance and other incidental charges including physiotherapy charges 94,256/- Loss of income during laid up period (Rs.12,500 x 4 months) 50,000/- Medical Expenses 2,64,100/- Future Medical Expenses 5,000/- TOTAL 8,39,356/- - 7 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 9. Thus, the appellant-claimant shall be entitled to total compensation of Rs.8,39,356/- as against Rs.6,68,976/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: ORDER i) Appeal is allowed in part. ii) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.8,39,356/- as against Rs.6,68,976/- awarded by the Tribunal. iii) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. iv) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a - 8 - HC-KAR NC: 2026:KHC:18353 MFA No. 4630 of 2020 period of six weeks from the date of receipt of certified copy of this judgment. v) The entire compensation amount shall be released in favour of the appellant-claimant. vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HR List No.: 1 Sl No.: 10