- 1 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 2272 OF 2024 (MV-I) BETWEEN: C.C. SHIVAMURTHY S/O CHANDRAPPA, AGED ABOUT 49 YEARS, R/O CHIKKANALLUR VILLAGE, HIRENALLUR HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 548. …APPELLANT (BY SRI. ASHWATH C.M. ADVOCATE FOR SRI. PRAKASHA H C.,ADVOCATE) AND: 1. MAHANTHAIAH V. @ MANTHAIAH V. S/O ERAIAH @ VEERAIAH, AGED ABOUT 64 YEARS, R/O CHIKKANALLUR VILLAGE, HIRENALLUR HOBLI, KADURU TALUK, CHIKKAMAGALURU DISTRICT - 577 548. (OWNER OF MOTORCYCLE) 2. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., MOTO CORP VERTICAL, DELHI, DO X, 803A, 8TH FLOOR, TOWER C , KONNECTUS BUILDING, OPP. NEW DELHI RAILWAY STATION, BHAVBHUTI MARG, NEW DELHI - 110 001. …RESPONDENTS (BY SRI. H.C. VRUSHABENDRAIAH, ADVOCATE FOR R2) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2023 PASSED IN MVC NO.159/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, KADUR, CHIKKAMAGALURU DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 14.06.2023 passed in MVC No.159/2019 by Senior Civil Judge and MACT, Kadur, Chikkamagaluru District. 2. Even though the matter is listed today for orders/admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the matter is taken up for disposal. 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 30.05.2018 - 3 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 contending that the accident occurred due to rash and negligent driving by the rider of Hero Splendor Plus motorcycle bearing registration No.KA-18/EB-1141. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Pain and suffering Rs. 1,00,000/- 2. Medical expenses Rs. 63,756/- 3. Food, nourishment and attendant charges 60,000/- 3. Conveyance charges Rs. 15,000/- 4. Loss of income during laid up period Rs. 75,000/- 5. Loss of future income Rs. 13,12,500/- 6. Loss of amenities Rs. 75,000/- 7. Future medical expenses Rs. 1,50,000/- Total Rs. 18,51,256/- 5. The Tribunal has also awarded the interest at the rate of 7% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded with interest. The claimant has - 4 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. 7. Learned counsel for the appellant would contend that, there is amputation of left leg above knee and C.W.1 - Doctor has stated that there is 85% of disability of left lower limb and he has been admitted in hospital for seventy nine (79) days. Considering that the claimant is a Coolie, functional disability to be taken at 100%. Considering the said injuries, the compensation awarded for pain and suffering, loss of amenities, food, nourishment, attendant charges and conveyance charges are on lower side. He further submits that, the compensation awarded for future medical expenses is also on lower side. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.2/insurer would contend that, the Tribunal has rightly taken the - 5 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 disability at 50% since the Doctor has stated the disability at 85% to the left lower limb. The compensation awarded under all heads is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellant and learned counsel for respondent No.2/insurer, the Court has perused the Judgment and Award. 10. The accident occurred on 30.05.2018 and as on the date of accident, the claimant was aged forty four (44) years and he is agriculture coolie. C.W.1 - Doctor has assessed the disability and Ex.C1 - Disability Certificate, the claimant has sustained amputation of left leg above knee. C.W.1 - Doctor has stated in his evidence that the claimant is having 85% disability of left lower limb. The Tribunal has taken the disability of the claimant at 50%. The claimant is a coolie worker and as there is amputation - 6 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 above knee, it affects his avocation as coolie. Therefore, functional disability is to be taken at 75%. 11. The Tribunal has rightly taken the future prospects at 25% and rightly applied multiplier '14'. Considering the above aspect, loss of future income is calculated as under: Rs.12,500/- X 25% (3,125) = Rs.15,625/- X 12 X 14 X 75% = Rs.19,68,750/-. 12. Considering that the claimant has sustained amputation above knee, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.1,00,000/- requires to be enhanced to Rs.1,50,000/-, loss of amenities in a sum of Rs.75,000/- requires to be enhanced to Rs.1,00,000/-. The claimant has been admitted in hospital for seventy nine (79) days and therefore, he is entitled to food, nourishment, attendant and conveyance charges in a sum of Rs.79,000/- (1,000 X 79 days) as against Rs.75,000/- (60,000 + 15,000) - 7 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 awarded by the Tribunal. The Tribunal has rightly awarded loss of income during laid up period for six (06) months and medical expenses of Rs.63,756/-. The Doctor has stated that the claimant requires Rs.3,00,000/- for artificial limb and the Tribunal has awarded Rs.1,50,000/-. The said amount awarded by the Tribunal towards future medical expenses is just and proper. 13. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Pain and suffering Rs. 1,50,000/- 2. Medical expenses Rs. 63,756/- 3. Food, nourishment, attendant and conveyance charges 79,000/- 4. Loss of income during laid up period Rs. 75,000/- 5. Loss of future income Rs. 19,68,750/- 6. Loss of amenities Rs. 1,00,000/- 7. Future medical expenses Rs. 1,50,000/- Total Rs. 25,86,506/- - 8 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 14. The claimant is entitled to total compensation of Rs.25,86,506/- as against Rs.18,51,256/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 15. Consequently, the claimant is entitled to enhanced compensation of Rs.7,35,250/- (25,86,506 - 18,51,256) with interest at the rate of 6% per annum from the date of petition till realisation. 16. Respondent No.2/insurer is liable to pay enhanced compensation amount with interest. 17. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.7,35,250/- with interest at the rate of 6% per annum from the date of petition till realisation. - 9 - HC-KAR CNR: KAHC010201942024 NC: 2026:KHC:37788 MFA No. 2272 of 2024 iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 8