- 1 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 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.4750/2020 (MV-I) BETWEEN: SRI. HARSHITH N.J. AGED ABOUT 25 YEARS S/O JANARDHANA GOWDA R/AT PARAMALE HOUSE YENEKALLU VILLAGE AND POST SULLIA TALUK, D.K. 574 238. …APPELLANT (BY SRI. PUNDIKAI ISHWARA BHAT, ADV.,) AND: 1. SRI. ABHISHEK K.S. AGED 27 YEARS S/O SOMAPPA R/AT KULKUNDA HOUSE SUBRAMANYA VILLAGE AND POST SULLIA TALUK, D.K.-574 238. 2. UNITED INDIA INSURANCE CO., LTD., PRABHU BUILDING IST FLOOR, OPPOSITE ARUNA THEATRE MAIN ROAD, PUTTUR, D.K. -574 201 REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. A. RAVISHANKAR, ADV., FOR R2 V/O/DTD:22.11.22, NOTICE TO R1 IS D/W) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, PRAYING TO ENHANCE THE COMPENSATION TO RS.10,00,000/- FROM RS.4,59,850/- AND MODIFY THE JUDGMENT AND AWARD DATED 19.08.2019 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC AND MACT, SULLIA, D.K. IN MVC NO.146/2018, IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT The appeal is filed by the injured appellant challenging the judgment and award dated 19.08.2019 passed in MVC.No.146/2018 by the Senior Civil Judge & JMFC and MACT, Sullia, Dakshina Kannada (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Sri.Pundikai Ishwara Bhat, learned counsel appearing for the appellant submits that the Tribunal has erred in not awarding any compensation under the head of loss of future income due to disability, despite the doctor having assessed the disability at 20%. It is submitted that - 3 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 the injured was working at a petrol bunk and was earning Rs.15,000/- per month; however, the Tribunal has incorrectly assessed his income at only Rs.9,000/- per month. It is further submitted that the award of compensation by the Tribunal under all heads is on the lower side. Accordingly, he seeks to enhance the compensation appropriately by considering the evidence on record. 4. Per contra, Sri.A.Ravishankar, learned counsel appearing for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the appellant has failed to prove before the Tribunal that he is entitled to compensation under the head of loss of future income due to disability. It is submitted that the appellant has not produced any cogent evidence and not demonstrated the loss of employment due to the disability or any reduction in income. In the absence of such evidence, there cannot be any compensation under the head of loss of future income due to disability. It is further - 4 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 submitted that the doctor has assessed the disability at 20% to a particular limb; however, considering the nature of fracture sustained, it would be appropriate to assess the disability at 5%. It is also submitted that award of compensation by the Tribunal under all other heads is just and proper and there is no scope for enhancement. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material available on record. 6. The appellant as well as the respondent are not in dispute that the appellant met with a road accident on 16.08.2017 and sustained following fractures: "1) Lacerated wound over the elbow measuring 5cms x 3cms bone deep (left elbow). 2) Lacerated wound over the right forearm measuring 4cms x 2cms bone deep. 3) Open segmental fracture of right femur bone with bone loss. 4) Multiple abrasion over the face. 5) Lacerated wound over the upper lip measuring 4cms x 2cms muscle deep. 6) Lacerated wound over the right thigh, measuring 4cms x 2cms bone loss." - 5 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 7. The appellant examined himself as PW1 and also examined PW2 and PW3, and got marked Ex.P1 to Ex.P111. The respondent examined RW1 and RW2 and got marked Ex.R1 to Ex.R4. On appreciation of the evidence, The Tribunal awarded a total compensation of Rs.4,59,850/- along with interest at 6% per annum. It is to be noticed that the appellant has clearly deposed before the Tribunal that he was working in a petrol bunk and earning Rs.15,000/- per month. However, no documentary evidence was produced to substantiate the said income. In the absence of proof of income, his income is notionally reassessed at Rs.11,000/- per month by placing reliance on the notional income chart prepared by the KSLSA. Considering the oral evidence of the doctor as well as the discharge summary and disability certificate marked at Ex.P8 to Ex.P10, I am of the considered view that the ends of justice would be met by assessing the disability at 7% to the whole body. As the claimant was aged about 23 years at the time of the accident, the appropriate - 6 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 multiplier would be 18. Having assessed the income and disability of the appellant/claimant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: 11,000/- x 12 x 18 x 7% = Rs.1,66,320/- 8. The award of compensation by the Tribunal under the heads of medical expenses, future medical expenses and loss of amenities remains unaltered. It is to be noticed that the appellant was an inpatient for a period of 23 days from 16.08.2017 to 23.08.2017 and again from 21.09.2017 to 05.10.2017, during which he underwent surgery and treatment for the injuries referred in the discharge summary. Taking these aspects into consideration, I am of the considered view that the compensation awarded by the Tribunal under other heads is required to be reassessed by appropriately enhancing the same. The appellant is entitled to the modified compensation as under: - 7 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 Thus, the appellant-claimant shall be entitled to total compensation of Rs.6,58,970/- as against Rs.4,59,850/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) 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.6,58,970/- as HEADS AMOUNT (in Rs.) Pain & suffering 45,000 Loss of amenities 50,000 Medical expenses 3,08,650 Loss of income during laid-up period (Rs.11,000 X 4) 44,000 Loss of future income due to disability 1,66,320 Towards conveyance, attendant charges, food and nourishment 20,000 Future Medical Expenses 25,000 Total 6,58,970 - 8 - HC-KAR NC: 2026:KHC:18569 M.F.A. No.4750/2020 against Rs.4,59,850/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. d) The 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 certified copy of this judgment. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 16