- 1 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 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.9918/2018 (MV-I) BETWEEN: SRI. UMESH V.B. S/O BORALINGE GOWDA AGED ABOUT 35 YEARS R/AT NO.2, 13TH MAIN 18TH CROSS, VIRATNAGAR BOMMANAHALLI, BENGALURU. AS PER AADHAAR CARD ADDRESS: R/AT VALAGERE SOMANAHALLI NUGGEHALLI HOBLI DINDGAUR HASSAN CHANNARAYAPATANA. …APPELLANT (BY SRI. K.S. ANANDA, ADV., FOR SRI. GIRISHA H.M. ADV.,) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD., 5TH AND 6TH FLOOR KRUSHI BHAVAN BUILDING HUDSON CIRCLE BENGALURU-560001. 2. SEENA S/O MUNIGOWDA NO.756, 7TH CROSS ASHIRVADNAGAR, BANGALURU-89. …RESPONDENTS (BY SRI. K. SURESH, ADV., FOR R1 V/O/DTD:17.01.2023, NOTICE TO R2 IS D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO CALL FOR THE RECORDS IN M.V.C.NO.866/2017 AND JUDGMENT AND AWARD, DATED 20.08.2018, ON THE FILE OF XVI ADDITIONAL JUDGE COURT OF SMALL CAUSES BENGALURU (SCCH-14) AND TO MODIFY THE AWARD BY ALLOWING THE CLAIM PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. 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 is filed by the injured claimant challenging the judgment and award dated 20.08.2018 passed in M.V.C. No.866/2017 (for short, 'the Tribunal'). 2. Sri.K.S.Ananda, learned counsel appearing for Sri.Girisha H.M., learned counsel for the appellant submits that the Tribunal has committed a grave error in recording the finding that the injured has contributed to the accident to an extent of 20%. The said finding is without any evidence on record and the Tribunal has not assigned any reasons to arrive at such a conclusion. It is submitted that the claimant was a cab driver and was earning Rs.15,000/- p.m. However, the Tribunal has erroneously - 3 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 assessed the income of the claimant at Rs.8,500/- p.m. It is further submitted that the injured was an inpatient for a period of 14 days and had undergone surgery. Hence, the compensation under the other heads are required to be re- assessed appropriately by allowing the appeal. 3. Per contra, K. Suresh, learned counsel appearing for the respondent No.1 supports the impugned judgment and award of the Tribunal and submits that the Tribunal, considering the evidence on record, has recorded the finding with regard to the contributory negligence and the same does not call for any interference. It is submitted that the award of compensation by the Tribunal on all other heads is just and proper and there is no scope 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 - 4 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 respondent No.1 and meticulously perused the material available on record. 5. The records indicate that the appellant met with a road accident on 30.01.2017 and sustained grievous injuries. He was shifted to Sanjay Gandhi Hospital, Bengaluru, and was an inpatient for a period of 14 days. As per the evidence of PW-2 - Dr.Avinash Parthasarathy, discharge summary at Ex.P10 and other medical evidence on record, the appellant has sustained tender swelling left arm M/3 region and fracture shaft humerus left. 6. The doctor has assessed the disability of the claimant at 14% and the Tribunal, considering the nature of fracture suffered, has rightly assessed the disability at 8%. Insofar as the income of the claimant is concerned, since the claimant has failed to produce any proof of income, hence, his income is notionally re-assessed at Rs.11,000/- p.m. placing reliance on the notional income - 5 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 chart prepared by the Karnataka State Legal Services Authority. The appropriate multiplier would be '16'. 7. Insofar as the finding with regard to the contributory negligence is concerned, the Tribunal, without any justifiable reason, has jumped to the conclusion that the claimant was negligent and contributed to the accident to an extent of 20%. The material on record indicates that the charge sheet is filed against the rider of the motorcycle and there is no evidence whatsoever to come to the conclusion that the appellant was negligent and has contributed to the accident in question. In the absence of any such evidence, the finding with regard to the contributory negligence needs to be set aside. 8. Having re-assessed the income and taking note of the fact that the claimant was an inpatient for a period of 14 days and has suffered the aforesaid fracture, the compensation on the other heads is required to be re- assessed and accordingly, the same is re-assessed as under: - 6 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 HEADS AMOUNT (in Rs.) Pain and suffering 40,000 Medical expenses 5,100 Loss of future income due to disability (11,000 x 12 x 16 x 8%) 1,68,960 Loss of income during laid up period (11,000 x 3) 33,000 Loss of amenities 40,000 Food, nourishment and attendant charges 20,000 Future medical expenses 10,000 Total 3,17,060 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,17,060/- as against Rs.1,67,700/- awarded by the Tribunal. 9. 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 20.08.2018 passed by the Tribunal in M.V.C.No.866/2017 is modified to an extent that the appellant-claimant would be entitled to - 7 - HC-KAR NC: 2026:KHC:18581 M.F.A. No.9918/2018 the total compensation of Rs.3,17,060/- as against Rs.1,67,700/- awarded by the Tribunal. c) The finding insofar as the contributory negligence is set aside. d) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. e) 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. f) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. g) Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 21