- 1 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6979 OF 2024 (MV-I) BETWEEN: G V MANJUNATHA @ MANJUNATH S/O. VEERANNA, AGED ABOUT 41 YEARS, OCC NIL, R/O. OLD TOWN DIXIT ROAD, CHALKERE, C/O. BASAVARAJ H, NEAR BASAVESHWARA TEMPLE, BULLAPUR VILLAGE, DAVANAGERE. …APPELLANT (BY SRI. SARITHA KULKARNI., ADVOCATE) AND: 1. SRINIVASA K S/O. LATE VENKATARATNAYYA SHETTY, AGED ABOUT 54 YEARS, OCC: TRANSPORT BUSINESS, R/O. RAJANI NILAYA, VASAVI COLONY, BENGALURU ROAD, CHALLAKERE-577 522. 2. THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED, MELGERI PLAZA, OPP. DENTAL COLLEGE, MCC B BLOCK, DAVANAGERE-577 001. …RESPONDENTS (BY SRI. K.N. SRINIVASA., ADVOCATE FOR R2, V/O DATED 18.09.2025, NOTICE TO R1 D/W) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.06.2023 PASSED IN MVC NO. 186/2022 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, DAVANGERE, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 28.06.2023 passed by the Principal Senior Civil Judge and CJM, Davanagere, in MVC No.186 of 2022. 2. The injured claimant, aged 39 years, met with an accident on 03.12.2021, and filed a claim application claiming compensation of Rs.30,00,000/-. The Tribunal, considering the entire evidence on record, granted the compensation of Rs.1,45,510/- with interest at the rate of 6% per annum from the date of petition till realisation. 3. Aggrieved by the said order, this appeal is preferred by the appellant-claimant in which it is mainly contended that he was doing the share market trading business as per Exhibits P16 and P17 and earning Rs.40,000/- per month. Due to the - 3 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 accident, he sustained 26% disability. But no amount is granted by the Tribunal under the head loss of future income on the ground that he has not produced documents regarding his income. It is further contended that the Tribunal granted meagre amounts under the other heads and interest at the rate of 18% per annum is to be awarded instead of 6%. Hence, requested for enhancement of compensation. 4. Learned counsel for respondent contended that the claimant-petitioner has not filed any IT returns after the accident. He met with an accident in the year 2021 and the IT returns filed are pertaining to 2019-20 and 2020-21. As such, the Tribunal has rightly observed that there is no loss of income and not granted any amount under the head loss of future earning capacity and the award of the Tribunal is to be confirmed. 5. Heard the learned counsel for both sides. 6. Petitioner herein is doing the share market trading business and he stated that he is earning more than Rs.40,000/- per month. He filed IT returns for 2019-20 and his - 4 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 income was shown as Rs.2,48,720/- and IT Returns for 2020- 21 was shown as Rs.3,99,430/-. As per the IT records, his average income is to be taken as Rs.27,006/- per month. 7. Exhibit P6 is the wound certificate and Exhibit P8 is the discharge summary. Petitioner examined doctor as PW2 and he issued disability certificate under Exhibit P18. PW2 is an orthopaedic surgeon. He stated that initially, the petitioner he was treated on OPD basis and later, he was admitted as an inpatient and he was operated for segmental fracture of both bone of right tibia and fibula by way of ORIF with IMIL Nailing, the post operative period was uneventful. He was discharged with an advice for follow-up treatment. Petitioner was complaining of unable to walk for long distance, unable to sit and squat properly, limps over the right lower limb while walking and cannot climb the stairs. PW2 has further stated that he examined the petitioner clinically and found that healed scars present on right knee and leg, and shortening of right lower limb by ½” and assessed the disability of the right lower limb 37” and left lower limb by 38.5”. He further stated that the right leg radiograph shows an old fracture both bones upper - 5 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 1/3rd with callus formation and mal union with intra-medularry nail. PW2 also stated that due to the above deficiencies, petitioner has difficulty in carrying on his day to day activities and assessed physical disability as 26% of the right lower limb, which cannot be reduced or cured by any further treatment and the same will have effect on the avocation of the petitioner and it was calculated by PW2 as under: Right knee movement’s decreased upto 1/3rd of normal – the disability is 12%. Moderate pain in the right knee joint – the disability is 6%. Shortening of right lower limb by 1½” – the disability is 8%. 8. Learned counsel for the respondent has stated that as the petitioner has not filed any document to prove his income, he is not entitled for any amount under the head loss of future earning capacity. 9. Admittedly, petitioner was doing the share market trading business and he met with an accident and sustained grievous injuries and there is disability of 26% assessed by the doctor. It was clearly stated by the doctor that the injury - 6 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 sustained by the petitioner will have impact on his day to day activities. Therefore, this Court finds that it is just and reasonable to take the disability as 9% (1/3rd of 26%) for the purpose of calculation. Petitioner was aged 42 years as per the wound certificate and the relevant multiplier is 14 . Thus, the loss of future earning capacity comes to Rs.4,08,331/- (27,006x12 x14x9%). Petitioner spent Rs.1,23,112/- towards medical expenses as per bills filed under Exhibit P10 and the tribunal has already granted that amount and it is confirmed. 10. The petitioner was in the hospital for a period of 4 days. Considering the nature of injuries, the period of hospitalisation and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.40,000/- for pain and suffering, Rs.20,000/- for loss of amenities, Rs.30,000/- for transportation, extra nourishment and attendant charges. Petitioner might not have attended any other work for a period of 2 months. Therefore, Rs.54,012/- (27006 x 2) is granted under the head loss of income during the laid up period. Thus, in all, the claimant is entitled for the compensation of - 7 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 Rs.6,75,455/- with interest at 6% per annum as against Rs.1,45,510/- awarded by the Tribunal. 11. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 4,08,331/- 2. Medical expenses 1,23,112/- 3. Pain and Suffering 40,000/- 4. Loss of amenities 20,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 54,012/- Total 6,75,455/- 12. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.6,75,455/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the award amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of - 8 - HC-KAR NC: 2026:KHC:18659 MFA No. 6979 of 2024 Rs.5,29,945/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. (v) In view of the order dated 18.09.2025 passed on I.A.No.1/2024, the claimant is not entitled for interest for the delayed period of 384 days in filing the appeal. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 82