- 1 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 1132 OF 2019 (MV-I) BETWEEN: SRI. VINAY KUMAR D S/O DIVAKAR A.R AGED ABUT 25 YEARS OCC: BUILDING PAINTER AND DRIVER, R/AT NO.104/1 KODURU VILLAGE AT POST, HOSANAGAR TALUK - 577 201 SHIMOGGA DISTRICT. …APPELLANT (BY SRI. NAGARAJAPPA A, ADVOCATE) AND: 1. SRI. SIBAGATHULLA HASHANI S/O K. ATHUAULLA, R/AT 1ST MAIN, 12TH CROSS, HIGH SCHOOL EXTENSION, HARIHARA - 577 601. DAVANAGERE DISTRICT. 2. KAY. V. LOGISTICS R/O "DATTA KUTIR", VIDYANAGARA 'A' BLOCK, HARIHARA - 577 601, DAVANAGERE DISTRICT R/BY ITS OWNER Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 3. SRINIVASA RAO S/O GANDHI, AGED ABOUT MAJOR, R/AT DOOR NO.74-13-17/3, NEAR RTC COLONY, PATAMATA, VIJAYAWADA, KRISHNA DISTRICT CITY VIJAYAWADA - 520 001 ANDHRA PRADESH STATE. 4. THE AUTHORIZED SIGNATORY THE NATIONAL INSURANCE CO.LTD., PIDUGURALLA BUSINESS CENTRE, 9-80, LAVANYA COMPLEX, MAIN ROAD, REDDY HOSPITAL, PIDUGURALLA, GUNTUR DISTRICT - 522 413 ANDHRA PRADESH STATE, R/BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. M.R. HIREMATHAD, ADVOCATE FOR R1; SMT. MANULA N.T, ADVOCATE FOR R4; VIDE ORDER DATED 11.01.2023, NOTICE TO R2 IS DISPENSD WITH; R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2018 PASSED IN MVC NO.558/2015 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC AND ADDITIONAL MACT-10, SAGAR, ITINERARY AT HOSANAGAR, 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: - 3 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 03.08.2018 passed in MVC No.558/2015 on the file of the Court of Additional Senior Civil Judge & JMFC and Additional MACT-10, Sagar, Itinerary at Hosanagar, seeking enhancement of the compensation. 2. Heard the arguments of learned counsel for the both sides. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant met with an accident on 01.02.2015 and filed petition before the Tribunal for compensation of Rs.12,35,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.5,65,655/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal - 4 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 is filed and mainly contended that the petitioner/injured sustained multiple injuries and he was admitted in the hospital for a period of fifteen days as an inpatient. The petitioner incurred a sum of Rs.2,50,000/- towards medical expenses. The petitioner/injured was working as a painter and driver and was earning Rs.18,000/- per month. The accident occurred due to the negligence of driver of the tanker lorry bearing Reg.No.AP-07-TA-7747. Respondent No.3 is the previous owner of the offending vehicle, respondent No.2 is the present owner and respondent No.4 is the insurer of the said vehicle. The amount granted by the Tribunal towards medical expenses and future medical expenses is on the lower side and it needs to be enhanced. It is further stated that the amount granted towards loss of future earning capacity is also on lower side. Therefore, requested for enhancement of the compensation. 4. Learned counsel for the respondents stated that the Tribunal has rightly considered the notional income of - 5 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 the petitioner at Rs.9,000/- per month, and also considered the disability suffered by the petitioner and awarded just and reasonable compensation. Therefore, the award passed by the Tribunal is to be confirmed. 5. Though the petitioner stated that he was earning Rs.18,000/- per month, he has not filed any income proof. As he met with an accident in the year 2015, the Tribunal has rightly considered his notional income of Rs.9,000/- per month, as per the chart prepared by the Karnataka State Legal Services Authority and it is confirmed. The petitioner was aged 21 years and the relevant multiplier is ‘18’. As per Ex.P.9-wound certificate, the petitioner sustained mild head injury, nasal bone fracture and fracture of posterior wall and posterior column of right acetabulum (right hip) and the said injuries are grievous in nature. The petitioner also examined the doctor as PW.2 and he assessed the disability at 45.24% to the right lower limb. The Tribunal has rightly considered 1/3rd of the same i.e., 15.08% and - 6 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 has granted a sum of Rs.2,93,155/- (9,000x12x18x15.08%) towards loss of future earning capacity and the said amount is confirmed. PW.2 stated that the petitioner requires one more surgery for removal of the right hip joint. The Tribunal has granted Rs.50,000/- towards pain and suffering, Rs.10,000/- towards loss of marriage prospects, Rs.10,000/- towards loss of amenities and Rs.1,28,500/- towards medical expenses. PW.2 stated that the petitioner requires Rs.75,000/- towards removal of the implant. But the Tribunal has granted an amount of Rs.30,000/- towards future medical expenses. Learned counsel for the respondents stated that the petitioner has not filed any estimate. Therefore, this Court finds no reason to interfere with the granting of said amount. The Tribunal also granted Rs.6,000/- towards conveyance, Rs.6,000/- towards attendant charges, Rs.5,000/- towards special food and Rs.27,000/- towards loss of income during treatment period and the said amounts are confirmed. - 7 - HC-KAR NC: 2026:KHC:35321 MFA No. 1132 of 2019 Therefore, this Court finds that the Tribunal has already considered all the aspects and granted reasonable amounts under the various heads. Therefore, the appeal is devoid of merits and it is dismissed confirming the award of the Tribunal. The Insurance company has already deposited the award amount. Therefore, the petitioner is permitted to withdraw the same along with interest accrued on it. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 2 Sl No.: 14