- 1 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5784 OF 2025 (MV-I) BETWEEN: 1. PARSHWANATHA J S/O JAIKUMAR AGED ABOUT 33 YEARS R/AT SHIRURUJEDDU KANAPAGARU GRAMA BARANAGI HOBLI SAGARA TALUK SHIVAMOGGA DISTRICT – 577 401. PRESENTLY RESIDING AT No.10, HOUSE No.9 HEBBAGODI, THIMMAKKA MANSION OPP. J.P. PARK, BRUNDAVANA NAGARA BENGALURU – 560 054. …APPELLANT (BY SRI ASHWATH C.M, ADVOCATE) AND: 1. MAHESH KUMAR S/O SHIVARAM SHETTY AGED ABOUT 45 YEARS R/AT PATEL HOUSE THEKKATTE GRAMA KUNDAPURA TALUK UDUPI DISTRICT – 576 231. (OWNER CUM DRIVER CAR BEARING REGISTRATION No. KA-42-8862). Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 ALSO AT R/AT KUMARASWAMY LAYOUT 93 MAIN ROAD BENGALURU – 560 078. 2. DIVISIONAL MANAGER THE INDIA INSURANCE CO. LTD. # 9/2, 2ND FLOOR, MAHALAKSHMI CHAMBERS M.G. ROAD, BENGALURU- 560 001. POLICY No. 98000031210110458708 (VALID FROM 23.09.2021 TO 22.09.2022) …RESPONDENTS (BY SRI E I SANMATHI, ADVOCATE FOR R2 V/O DTD. 11.3.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:03.02.2025 PASSED IN MVC No.6469/2022 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER, MACT, BENGALURU, (SCCH-24), 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 03.02.2025 passed in MVC No. 6469/2022 by the XXII Additional Senior Civil Judge and Member, MACT, Bengaluru. - 3 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 2. Even though the appeal is listed for admission, it is taken up for disposal with the consent of the learned counsel for appellant and learned counsel for respondent No. 2. 3. Appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 17.01.2022 contending that the accident occurred due to the rash and negligent driving by the driver of the Maruthi Swift car bearing No. KA-19-ET-0567. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: SL. No. Heads Amount Rs. 1. Towards pain and sufferings Rs.60,000/- 2. Towards Conveyance, Attendant charges and nourishing food Rs.30,000/- 3. Towards loss of income during laid up period Rs.46,500/- 4. Future Loss of Income Rs.3,79,440/- 5. Medical expenses Rs.1,41,775/- 6. Future medical expenses Rs.30,000/- 7. Loss of amenities and Rs.25,000/- - 4 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 discomfort Total Rs.7,12,715/- 4. The Tribunal also awarded interest at the rate of 6% p.a. from the date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the compensation amount with interest. Claimant, seeking enhancement, has filed the present appeal. 5. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 - Insurer. 6. Learned counsel for appellant would contend that the claimant sustained 3 injuries as per Ex.P.7 – wound certificate and compensation awarded for pain and suffering and loss of amenities is on lower side. P.W.2 – Doctor has assessed the disability of the claimant at 48% of right lower limb and 16% of whole body and the Tribunal erred in taking disability at 12%. Claimant was holding Driving License to drive transport vehicle and therefore he is a skilled person and notional income fixed for unskilled person cannot be taken into consideration. - 5 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 He, placing reliance on the decision of Division Bench of this Court in the case of Prem Kumar H.C. Vs. R. Vinay Kumar, MFA No. 4485/2024, decided on 08.10.2025 would contend that income of a lorry driver is to be taken at Rs.20,000/- per month. He further submits that the Doctor has stated that claimant requires to undergo surgery for removal of implants and for that estimated expenses would be Rs.60,000/- and inspite of that, the Tribunal has awarded Rs.30,000/- towards future medical expenses. 7. Learned counsel for respondent No. 2 would contend that considering the fact that P.W. 2 – Doctor is not the treated Doctor, the Tribunal has rightly taken the disability at 12%. Claimant has not established his income and the Tribunal has rightly taken the notional income at Rs.15,500/-. Compensation awarded under other heads is just and proper. With this he prayed to dismiss the appeal. 8. Having heard learned counsel for the parties, this Court has perused the judgment, award and copy of - 6 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 wound certificate – Ex.P.7 made available by learned counsel for appellant. 9. As per wound certificate – Ex.P.7 claimant has sustained the following injuries: i) Right leg 3 X 2 cm open wound over mid 1/3rd of leg medial aspect – bone exposed. ii) 2 X 1 laceration over distal 1/3rd leg muscle deep iii) Right leg segmental tibia fracture 10. P.W.2 is the Doctor who has treated the claimant subsequent to his surgery. He has assessed the disability of the claimant and stated that physical disability of right lower limb is 48% and whole body is 16%. Occupation of the claimant is bus driver and considering the evidence of P.W.2 – Doctor disability to the whole body is to be taken at 16% and the Tribunal erred in taking the disability at 12%. 11. Occupation of the claimant is bus driver. Ex.D.13 is copy of his Driving License and he is authorized to drive transport vehicle/bus. Even though the - 7 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 claimant is bus driver, the Tribunal has taken the notional income at Rs.15,500/- which is fixed for unskilled labour. Division Bench of this Court in MFA No. 4485/2024 has taken the income of the lorry driver at Rs.20,000/- per month considering that he is a skilled worker and he cannot be equated with that of unskilled labour. Considering the said aspect, income of the claimant is to be taken at Rs.20,000/-. In view of the above, loss of future income is calculated as under: 20,000 X 12 X 17 X 16% = 6,52,800 12. The Tribunal has awarded loss of income during laid up period for three months. In view of the income being taken as Rs.20,000/- per month, claimant is entitled to loss of income during laid up period in a sum of Rs.60,000/- (3 X 20000). 13. Claimant was admitted in the hospital for six days and therefore, he is entitled to conveyance and attendant charges in a sum of Rs.6,000/- (1000 X 6) as against Rs.30,000/- awarded by the Tribunal. - 8 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 14. Considering the nature of injuries noted supra, the Tribunal has rightly awarded a sum of Rs.60,000/- towards pain and suffering and a sum of Rs.25,000/- towards loss of amenities. 15. Claimant has to undergo surgery for removal of implants. Considering the said aspect the Tribunal has rightly awarded future medical expenses of Rs.30,000/-. 16. In view of the above, claimant is entitled to total compensation under various heads as under: SL. No. Heads Amount Rs. 1. Towards pain and sufferings Rs.60,000/- 2. Towards Conveyance, Attendant charges and nourishing food Rs.6,000/- 3. Towards loss of income during laid up period Rs.60,000/- 4. Loss of Future Income Rs.6,52,800/- 5. Medical expenses Rs.1,41,775/- 6. Future medical expenses Rs.30,000/- 7. Loss of amenities and discomfort Rs.25,000/- Total Rs.9,75,575/- 17. Claimant is entitled to compensation of Rs.9,75,575/- as against Rs.7,12,715/- awarded by the - 9 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 Tribunal with interest at the rate of 6% p.a. from the date of petition till the date of realization. Consequently, claimant is entitled to enhanced compensation of Rs.2,62,860/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay said enhanced compensation with interest. 18. In view of the above, the following; O R D E R i) The appeal is allowed in part. ii) Appellant – claimant is entitled to enhanced compensation of Rs.2,62,860/- with interest at the rate of 6% per annum from the date of petition till the date of realization. iii) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 6 weeks from this date, failing which it is liable to pay interest at - 10 - HC-KAR NC: 2026:KHC:35461 MFA No. 5784 of 2025 the rate of 9% p.a. from this day till the date of payment. iv) The claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 51