- 1 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 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.7274/2018 (MV-I) BETWEEN: SHIVAKUMAR SON OF SIDDAIAH AGED ABOUT 22 YEARS RESIDING AT CHIKKATI VILLAGE GUNDLUPET TALUK CHAMARAJANAGAR DISTRICT 57111. …APPELLANT (BY SRI. RAGHU R, ADV.,) AND: 1. BASAVANNA H.B. SON OF GURUMALLAPPA AGED ABOUT 51 YEARS R/AT. HALLADA MADAPATTANA VILLAGE HEGGADAHALLI POST GUNDLUPET TALUK CHAMRAJANAGAR DISTRICT 571111 (DRIVER CUM OWNER OF THE VEHICLE MAHINDRA TURBO TRACTOR BEARING ENGINE NO. NO.NL-GB-03492). 2. TATA AIG GENERAL INSURANCE COMPANY LIMITED SUNNY CENTRE, 1ST FLOOR VIJAYANAGARA MYSURU-570017 Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 POLICY NO.015606656900) VALID FROM 17.06.2016-16.06.2017. …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADV., FOR R2 V/O/DTD:28.04.2025, NOTICE TO R1 IS D/W) - - - THIS MFA IS FILED U/S 173(1) OF MV ACT, 1988, PRAYING TO CALL FOR THE RECORDS IN MVC NO.29/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT AT GUNDLUPET BE PLEASED TO ENHANCE THE COMPENSATION GRANTED IN THE JUDGMENT AND AWARD DATED 30.05.2018 WITH COSTS AGAINST THE APPELLANTS AND BE GRANTED SUCH OTHER AND FURTHER RELIEF'S TO MEET THE ENDS OF JUSTICE. 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 by the claimant challenging the judgment and award dated 30.05.2018 passed in M.V.C.No.29/2017 by the Senior Civil Judge and JMFC and Motor Accident Claims Tribunal, Gundlupet (for short, 'the Tribunal'). 2. Sri.Raghu R., learned counsel for the appellant submits that the Tribunal has committed a grave error in assessing the disability at 25% to the whole body contrary - 3 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 to the evidence of CW-1. It is submitted that the evidence of CW-1 clearly indicates that the appellant is unable to carry out any activities and his intellectual thinking and IQ level has gone down to 50% and has thus assessed the disability at 75%. It is further submitted that the Tribunal has committed further error in assessing the income of the claimant at Rs.7,000/- p.m. which is required to be re- assessed appropriately. It is also submitted that the appellant was an inpatient in JSS Hospital, Mysuru, for a period of 29 days and had taken treatment for the head injuries. He seeks to re-assess the compensation on all other heads by allowing the appeal. 3. Per contra, Sri.Janardhana Reddy, learned counsel appearing for the respondent-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the assessment of the disability by CW-1 with regard to the IQ level cannot be considered as a disability for the purpose of determination of compensation. Hence, the Tribunal was fully justified in - 4 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 assessing the disability at 25%. It is submitted that considering the nature of treatment provided, the Tribunal has awarded just compensation of Rs.7,33,800/- and there is no scope for 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 respondent No.2 and meticulously perused the material available on record. 5. It is to be noticed that the appellant met with a road accident on 01.10.2016 and was shifted to Nanjangud Government Hospital and thereafter to JSS Hospital, Mysuru. In order to prove his claim, the appellant examined himself as PW-2, got examined CW-1 - Dr.Vasan and got marked the medical documents. The Tribunal assessed the income of the injured at Rs.7,000/- p.m. and awarded the total compensation of Rs.7,33,800/- by assessing the disability at 25%. It is to be noticed that - 5 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 the appellant was aged about 21 years at the time of the accident and no proof of income was placed before the Tribunal to assess his income. In the absence of any proof of income, his income is notionally assessed at Rs.9,500/- placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. 6. The evidence of CW-1 clearly indicates that the appellant was an inpatient for a period of 29 days for the head injuries. He was provided treatment for subdural hematoma (SDH) in right cerebral convexity, focal hemorrhages in right parietal lobe and hemorrhage in midbrain; SDH tantorium and diffuse cerebral adema with mild mass effect. CW-1 has further observed that there is reduction of intelligence and change in behavioural pattern. Considering these IQ assessment and mental faculty, CW1 has assessed the disability to left hemiparesis to the extent of 25% and IQ disability at 50%, in total disability of 75%. Considering the same, I am of the considered view that the interest of justice would be met if - 6 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 the disability is assessed at 40% as CW-1 has clearly deposed that the appellant needs some assistance in carrying out his daily activities and there is substantial reduction in his intellect and behavioural pattern. 7. Having re-assessed the disability at 40% and the income of the claimant at Rs.9,500/- p.m., I am of the considered view that the appellant would be entitled to the compensation on account of loss of future prospects at the rate of 40% of the assessed income, which would be Rs.3,800/-. The claimant was an inpatient for 29 days and had taken treatment for the head injuries. Considering the nature of disability suffered, the compensation on other heads also requires to be re-assessed appropriately by considering the oral and documentary evidence on record and accordingly, the same is re-assessed as under: HEADS AMOUNT (in Rs.) Pain and suffering 70,000 Medical bills 2,65,800 Loss of future income due to disability (9,500 + 40% x 12 x 18 x 40%) 11,49,120 - 7 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 Loss of income during laid up period (9500 x 3) 28500 Loss of amenities 50,000 Food, nourishment and attendant charges 25,000 Future medical expenses 25,000 Total 16,13,420 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.16,13,420/- as against Rs.7,33,800/- awarded by the Tribunal. 8. 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 30.05.2018 passed by the Tribunal in M.V.C.No.29/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.16,13,420/- as against Rs.7,33,800/- awarded by the Tribunal. - 8 - HC-KAR NC: 2026:KHC:18584 M.F.A. No.7274/2018 c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) 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. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Registry shall transmit the records to the Tribunal forthwith. Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 18