- 1 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 7749 OF 2018 (MV-I) BETWEEN: SRI. MOHAMMAD SHOWKATH S/O IBRAHIM SAB AGED ABOUT 27 YEARS, R/O PUNEDAHALLI SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. …APPELLANT (BY SRI. KALYAN KUMAR H.S, ADVOCATE) AND: SRI. SIDDAPPA S/O NAGAPPA AGED ABOUT 32 YEARS, OWNER AND DRIVER OF TRACTOR BEARING ITS REG. NO.KA-15/T-9656, R/O SHIVAJIKANI VILLAGE, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 427. 2. THE MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED, SUNDARAM TOWER, 45 & 46, WHITES ROAD, CHENNAI - 600 014. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 (POLICY NO. VOC 0217211000100, VALID 03-07-2013 TO 02-07-2014.) 3. SRI. BASAVARAJAPPA S/O RAMAPPA, OWNER OF TRACTOR BEARING REG. NO. KA-15/T-9656, R/O SHIVAJIKANI VILLAGE, SHIKARIPURA TALUK SHIVAMOGGA DISTRICT - 577 427. …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R2; R1 AND R3 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2017 PASSED IN MVC NO.496/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE & XIII AMACT, SORAB, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 02.11.2017 passed in MVC No.496/2015 by the Court of the Senior Civil Judge & XIII AMACT - Court, Soraba. (for short, ‘Tribunal’). - 3 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 2. Though this appeal is listed for admission, with consent of the learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Kalyan Kumar H.S., learned counsel for the appellant and Sri. C.R.Ravishankar, learned counsel for respondent No.2. 4. The appellant met with a road accident on 21.05.2014 and sustained injuries to back portion of the head, left leg, left eye, nose and to the chest. He was provided treatment at Shiralkoppa Government Hospital, Mc.Gann Hospital, Shivamogga and thereafter, Yanapoya Hospital at Mangaluru. The appellant filed the claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the injuries suffered in the road accident. 5. The appellant as well as the respondent are not in dispute that the injuries suffered by the appellant is in - 4 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 the said road accident and there is no dispute that he was provided treatment in the aforesaid hospitals. In order to prove the claim, the appellant examined himself as PW.1 and on commission, examined Dr. Gunal as CW.1 and got marked Exhibits P1 to P20 and through Commissioner, got marked Exhibits - C1 and C2. The respondent adduced oral as well as documentary evidence. The Tribunal awarded total compensation of Rs.1,40,200/- with interest at the rate of 6% p.a., from the date of petition till its realisation. 6. A perusal of the oral evidence of the injured, CW.1, discharge summaries at Exhibits-P18 and P19 of Mc.Gann Hospital, Shivamogga and Yenepoya Medical College, Mangaluru indicate that the appellant was inpatient in the hospital from 22.05.2014 to 27.05.2014 and again as outpatient on 08.08.2016, he has been provided treatment. The medical records indicate that the appellant sustained fracture of left head and blood was oozing from the brain. Considering the treatment provided - 5 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 to the injured, doctor has deposed before the Tribunal that the patient had 6/6 vision in the right eye and no perception of light in the left eye. The medical evidence on record clearly indicates that in the said road accident, the appellant had sustained numerous fracture, injury and also lost vision of left eye. 7. Considering the aforesaid evidence on record, I am of the considered view that the Tribunal has committed grave error in awarding meagre compensation of Rs.1,40,200/-. 8. The appellant has claimed that he was working as a Driver and earning Rs.15,000/- p.m. However, no evidence was placed to the aforesaid effect. Hence, his income is notionally assessed at Rs.8,500/- placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. Admittedly, CW.1 has not assessed the disability. The claimant has not produced any disability certificate before the Tribunal. - 6 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 However, this Court cannot ignore the fact that the appellant has lost vision of left eye in the said accident and to that effect, sufficient material is placed before the Tribunal. Considering the Schedule-I of the Employees' Compensation Act, 2023, I am of the considered view that for loss of one eye/vision, the interest of justice would be met, if the disability is assessed at 25%. 9. Having reassessed the disability and income, the compensation on other heads are required to be re-assessed and accordingly re-assessed as under: HEADS AMOUNT (in Rs.) Pain & suffering 40,000.00 Medical bills 9,000.00 Food, nourishment and attendant charges 15,000.00 Loss of amenities 30,000.00 Loss of income during laid up period (Rs.8,500 x 3 months) 25,500.00 Loss of future income due to disability (Rs.8,500 x 18 x 12 x 25%) 4,59,000.00 Total 5,78,500.00 - 7 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 10. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.5,78,500/- as against Rs.1,40,200/- awarded by the Tribunal. 11. 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 02.11.2017 passed by the Tribunal in M.V.C.No.496/2015 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.5,78,500/- as against Rs.1,40,200/- awarded by the Tribunal. 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 - 8 - HC-KAR NC: 2026:KHC:20175 MFA No. 7749 of 2018 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. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA, List No.: 1 Sl No.: 11