- 1 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2242/2019 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2243/2019 (MV-I) IN M.F.A. No.2242/2019: BETWEEN: FATHIMA NIMRA KHAN D/O SHOHEBUDDIN KHAN AGED ABOUT 23 YEARS R/O:NO.736, MIG-2 RAJEEVNAGARA, 3RD STAGE MYSURU DISTRICT-570011. …APPELLANT (BY SRI. BHANU PRAKASH H.V. ADV.,) AND: THE DIVISIONAL CONTROLLER K.S.R.T.C. URBAN DIVISION NEAR HIGHWAY CIRCLE OPP. TO: ST. JOSEPH CONVENT NELSON MANDELA ROAD NEW BANIMANTAP EXTENSION MYSORE-570015. …RESPONDENT (BY SRI. S. RAJASHEKAR, ADV.,) Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.10.2018 PASSED IN MVC NO.276/2016 ON THE FILE OF THE COURT OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN M.F.A. NO.2243/2019: BETWEEN: FAYAZ MOHAMMED KHAN S/O SHOHEBUDDIN KHAN AGED ABOUT 21 YEARS R/O NO.736, MIG-2 RAJEEVNAGARA, 3RD STAGE MYSURU DISTRICT-570 011. ...APPELLANT (BY SRI. BHANU PRAKASH H.V. ADV.,) AND: THE DIVISIONAL CONTROLLER K S R T C URBAN DIVISION NEAR HIGHWAY CIRCLE OPP TO ST.JOSEPH CONVENT NELSON MANDELA ROAD NEW BANIMANTAP EXTENSION MYSORE-570 015 ...RESPONDENT (BY SRI. S. RAJASHEKAR, ADV.,) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:10.10.2018 PASSED IN MVC NO.275/2016 ON THE FILE OF THE JUDGE, ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR - 3 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT These appeals have been filed by the claimants challenging the common judgment and award dated 10.10.2018 passed in MVC.Nos.275/2016 and 276/2016 by the Judge, Additional Small Causes and Senior Civil Judge and MACT, Mysuru (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. Heard Sri.Bhanu Prakash, learned counsel appearing for the appellants and Sri.S.Rajashekhar, learned counsel appearing for the respondent/Corporation in both the appeals. - 4 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 4. The injured claimants filed two claim petitions, numbered MVC.Nos.275/2016 and 276/2016 pertaining to the accident that occurred on 18.10.2015 and the Tribunal recorded common evidence. The claimants examined themselves and the doctors as PW1 to PW4, and got marked Ex.P1 to P19. The respondent examined one witness as RW1. The Tribunal awarded a total compensation of Rs.3,85,680/- in MVC.No.275/2016 and Rs.3,38,880/- in MVC.No.276/2016 along with the interest rate of 6% per annum from the date of petition till its realization from respondent. IN MVC.No.275/2016. 5. The Tribunal assessed the income at Rs.6,000/- per month and the disability at 8%. It is an admitted fact that the appellant/claimant failed to produce any proof of income before the Tribunal. Hence, the income of the appellant is notionally reassessed at Rs.9,000/- per month by placing reliance on the notional income chart prepared - 5 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 by the KSLSA. PW4, the doctor, deposed before the Tribunal with regard to the injuries sustained by the appellant and the extent of disability. A perusal of the oral testimony of PW4 along with the medical records indicates that the appellant sustained injuries to the right forehead, upper eyelid, lower eyelid and medical canthus and underwent surgery on 08.10.2015. Considering the oral evidence, the Tribunal has fully justified in assessing the disability at 8% to the whole body which does not call for any interference. It is not in dispute that the claimant was aged about 18 years at the time of the accident; hence, the appropriate multiplier would be '18', which has been rightly considered by the Tribunal. Having reassessed the income of the appellant/claimant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: 9,000/- x 12 x 18 x 8% = Rs.1,55,520/- 6. The award of compensation under the heads of medical expenses & nourishment and future medical - 6 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 expenses remains unaltered. It is to be noticed that the appellant was an inpatient for a period of 7 days. Considering the nature of injuries suffered and disability assessed by the doctor, 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: Thus, the appellant-claimant shall be entitled to total compensation of Rs.4,66,520/- as against Rs.3,85,680/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 45,000 Loss of amenities 45,000 Medical expenses and nourishment 1,69,000 Loss of income during laid-up period (Rs.9,000 X 3) 27,000 Loss of future income due to disability 1,55,520 Future medical expenses 25,000 Total 4,66,520 - 7 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 In MVC.No.276/2016 7. The appellant sustained a crush injury to the upper lip, alveolar fracture of the central segment of upper jaw and internal degloving injury of left lower limb. PW3, the doctor assessed the disability at 10% with respect to the limb and the appellant was hospitalized as an inpatient for a period of one month and underwent surgery on 08.10.2015, followed by skin grafting on 15.01.2016. Considering the nature of the injuries and the treatment provided, I am of the considered view that the interest of justice would be met by assessing the disability at 7% as against 3% assessed by the Tribunal. In the present case, the Tribunal assessed the income of the appellant at Rs.6,000/- per month. However, in the absence of any documentary evidence to substantiate the same, the income is notionally reassessed at Rs.9,000/- per month. It is not in dispute that the claimant was aged about 20 years at the time of the accident; hence, the appropriate multiplier would be '18', which has been rightly considered - 8 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 by the Tribunal. Having reassessed the income of the appellant/claimant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: 9,000/- x 12 x 18 x 7% = Rs.1,36,080/- 8. The award of compensation under the heads of medical expenses & nourishment, future medical expenses and loss of income during the laid up period remains unaltered. However, taking note of the oral and documentary evidence, 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: HEADS AMOUNT (in Rs.) Pain & suffering 45,000 Loss of amenities 45,000 Medical expenses and nourishment 1,75,000 Loss of income during laid-up period 30,000 Loss of future income due to disability 1,36,080 Future medical expenses 25,000 Total 4,56,080 - 9 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 Thus, the appellant-claimant shall be entitled to total compensation of Rs.4,56,080/- as against Rs.3,38,880/- 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 in MVC.No.275/2016 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,66,520/- as against Rs.3,85,680/- awarded by the Tribunal. c) The impugned judgment and award of the Tribunal in MVC.No.276/2016 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,56,080/- as against Rs.3,38,880/- awarded by the Tribunal. - 10 - HC-KAR NC: 2026:KHC:19593 M.F.A. No.2242/2019 C/W M.F.A. No.2243/2019 d) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. e) 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. f) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. g) The Registry is directed to transmit the records to the Tribunal forthwith. h) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 5