- 1 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 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. 4637 OF 2023 (MV-I) BETWEEN: SRI THAMMANNA D/O LATE MUNISHAMAPPA AGED ABOUT 55 YEARS RESIDING AT KENDATTI VILLAGE KASABA HOBLI KOLAR TALUK AND DISTRICT. …APPELLANT (BY SMT. SUGUNA R REDDY, ADVOCATE) AND: 1. SRI B.A.PRADEEP KUMAR S/O B K SUBBA RAJ AGED ABOUT 64 YEARS RESIDING AT No. 585 ’E’ MAIN, VYSYA BANK COLONY SHANTHINIKETAN, AREKERE BANNERGHATTA ROAD BANGALORE – 560 076. 2. THE BRANCH MANAGER M/S TATA AIG INSURANCE COMPANY LTD, No. 89 2ND FLOOR, J P AND DEVI JAMBUKESHWAR ARCADE Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 MILLERS ROAD BANGALORE – 560 052. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY, N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 22.4.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:02.12.2022 PASSED IN MVC No.203/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MEMBER, MACT, KOLAR, 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 This appeal is filed by the appellant/claimant seeking enhancement of compensation awarded in the judgment and award dated 02.12.2022 passed in MVC No.203/2017 by the I Additional Senior Civil Judge and Member, MACT, Kolar. 2. Even though the appeal is listed today for admission, it is taken up for disposal with the consent of - 3 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 learned counsel for appellant and learned counsel for respondent No.2/insurer. 3. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 01.07.2017 contending that the accident occurred due to rash and negligent driving of the driver of Hyundai I10 car bearing Registration No.KA-51-Z-6453. The Tribunal after recording the evidence, appreciated the evidence, assessed the compensation and awarded compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 50,000/- 02. Medical expenses 20,163/- 03. Loss of income during laid up period 88,000/- 04. Loss of future earning 1,08,900/- 05. Loss of amenities and discomfort 15,000/- 06. Food, nourishment and conveyance 25,000/- 07. Future medical expenses 25,000/- Total 3,32,063/- - 4 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. 5. Heard learned counsel for the appellant and learned counsel for respondent. 6. Learned counsel for the appellant would contend that PW.2 - Doctor who treated the claimant has assessed disability at 7.5% of the whole body due to the physical injury sustained by him. PW.2 has also stated that he has referred the claimant for audio logical evaluation and received report as per Ex.P15 and stated that left ear audible defect is 40% and it is due to the accident. The Tribunal has not considered the said evidence with regard to audible defect of the claimant. Considering the injuries sustained, compensation awarded for pain and suffering, loss of amenities, future medical - 5 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 expenses are on lower side. PW.2 has stated that for reconstruction of left ear by plastic surgery, the claimant requires further treatment and estimation of the same is Rs.4 to 5 lakhs. Considering the said aspect, the future medical expenses awarded in a sum of Rs.25,000/- is on lower side. With this, she prayed to allow the appeal. 7. Learned counsel for respondent No.2/insurer would contend that Tribunal has rightly taken the disability of the whole body and compensation awarded on all heads is just and proper and there are no grounds for enhancement. 8. Having heard the learned counsels, the Court has perused the judgment, award and trial Court records. 9. The accident occurred on 01.07.2017 and as on the date of accident the claimant was aged 52 years. PW.2 is the Doctor who has examined the claimant and he has stated that claimant has sustained injuries namely loss of left ear, abrasion involving pre articular, post articular - 6 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 and left side of the neck, left side lumbar, para spinal tenderness present. PW.2 has assessed disability with regard to dis-figurement of the left ear and neck and stated that it is 7.5% to the whole body. PW.2 has referred the claimant for ENT and audio logical evaluation and the report as per Ex.P15 indicate that claimant has suffered 40% audible defect due to the accident. The Tribunal has not taken into consideration the said evidence/disability with regard to audible defect of the claimant. The Tribunal has only taken 7.5% to the whole body while calculating loss of future income. The said 40% audible defect is pertaining to his left ear and 1/3rd of the same has to be taken to the whole body which comes to 13.33%. Considering 7.5% disability to the whole body and 13.3% with regard to audio logical disability, the disability to the whole body of the claimant is to be taken at 20%. The Tribunal has rightly taken notional income at Rs.11,000/- p.m. and rightly applied multiplier ‘11’ as the - 7 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 age of the claimant is 52 years. In view of the above, loss of future income is calculated as under: Rs.11,000/- x 12 x 11 x 20% = Rs.2,90,400/- 10. Considering the injuries noted supra, the compensation awarded for pain and suffering in a sum of Rs.50,000/- by the Tribunal requires to be enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.15,000/- requires to be enhanced to Rs.75,000/-. The Tribunal has rightly awarded compensation towards medical expenses, loss of income during laid up period and food, nourishment and conveyance charges. 11. PW.2 – Doctor in his evidence has stated that for reconstruction of left ear by plastic surgery it costs between Rs.4 lakhs to Rs.5 lakhs. Considering the said aspect, the Tribunal has awarded Rs.25,000/- towards future medical expenses. Considering the evidence of Doctor, the compensation awarded by the Tribunal for future medical expenses requires to be enhanced to - 8 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 Rs.1,00,000/-. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 1,00,000/- 02. Medical expenses 20,163/- 03. Loss of income during laid up period 88,000/- 04. Loss of future earning 2,90,400/- 05. Loss of amenities and discomfort 75,000/- 06. Food, nourishment and conveyance 25,000/- 07. Future medical expenses 1,00,000/- Total 6,98,563/- 12. Considering the above aspects, the claimant is entitled to total compensation of Rs.6,98,563/- as against Rs.3,32,063/- awarded by the Tribunal with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.3,66,500/- with interest @ 6% p.a. from the date of petition till realization. Respondent No.2/insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: - 9 - HC-KAR CNR: KAHC010340842023 NC: 2026:KHC:37729 MFA No. 4637 of 2023 ORDER i) The appeal is allowed in part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.3,66,600/- with interest @ 6% p.a. from the date of petition till realization. iii) Respondent No.2/insurer shall deposit the enhanced amount with interest within a period of six weeks from this day, failing which, it is liable to pay interest @ 9% p.a. from this day till payment of enhanced compensation amount. iv) Appellant/claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DKB List No.: 1 Sl No.: 42 Ct.sm