- 1 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 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. 4957 OF 2020 (MV-I) BETWEEN: MR. KIRTHAN KUMAR R.K. S/O KULLAIAH AGED ABOUT 24 YEARS RAMANDUR VILLAGE KIRAGAVALU HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571 424 …APPELLANT (BY SRI. MAHENDRA S.S., ADVOCATE) AND: 1. MR. SOMASHEKAR B. S/O LATE BASAVAIAH MAJOR IN AGE SRI MAHADESHWARA GAS ENTERPRISES SRI MAHADESHWARA COMPLEX 100 FEET ROAD MANDYA - 571 401 2. THE BRANCH MANAGER UNITED INDIA INSRUANCE COMPANY LTD NO.1119/B, KAMBLI BUILDING M.C. ROAD ASHOK NAGAR MANDYA - 571 401 …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 (VIDE ORDER DATED 29.06.2022, NOTICE TO R1 IS DISPENSED WITH SRI. JWALA KUMAR, ADVOCATE FOR R2 VAKALATH NOT FILED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 14.11.2019, PASSED IN MVC NO.879/2017, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured/claimant challenging the judgment and award dated 14.11.2019 passed in M.V.C.No.879 of 2017 by Senior Civil Judge and Motor Accident Claims Tribunal, Malavalli (for short, 'Tribunal'). - 3 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 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. Sri Mahendra S.S., learned counsel appearing for the appellant submits that due to the accident the claimant has suffered grievous injuries. Though the appellant has examined the doctor who assessed the disability to particular limb at 39.16% and whole body disability at 13.05%, the Tribunal has failed to consider the same. The claimant has to suffer the disability and unhappiness throughout his life. The compensation awarded by the Tribunal for ‘pain and suffering’, ‘loss of amenities’ and other incidental charges are on the lower side. Hence, he seeks to enhance the compensation by allowing the appeal. 4. Per contra, Sri Jwala Kumar, learned counsel for respondent No.2-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the appellant has not produced any proof of - 4 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 income, the income of the injured is required to be assessed notionally. It is submitted that the disability is assessed at 10% by considering the nature of injury suffered by the appellant which does not call for any interference. Therefore, the award is just and fair compensation to the injured/appellant and there is no scope for enhancement. Hence, he seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel for the appellant, the learned counsel for respondent No.2 and meticulously perused the material available on record including the Tribunal records. 6. The only point that would arise for consideration in this appeal is: "Whether the impugned judgment and award passed by the Tribunal calls for any interference?" 7. The parties to the proceedings do not dispute that the appellant has filed a claim petition under Section 166 - 5 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 of the Motor Vehicles Act, 1988, seeking compensation of Rs.20,00,000/- for the injuries suffered by him in a road traffic accident occurred on 14.02.2016. The evidence of the injured/appellant, PW2-Dr.Ravish V.N, indicate that the appellant has sustained head injury as well as the fracture of left tibia and he was inpatient for 17 days. He was provided treatment at Government Hospital Mandya, NIMHANS Hospital and KIMS Hospital, Bangalore. Considering the oral evidence of PW2, Wound Certificate at Ex.P4, Discharge Summary at Ex.P6 and Disability Certificate at Ex.P53, I am of the considered view that the Tribunal has committed an error in assessing disability to the extent of 10% by ignoring the oral evidence of PW2. Hence, the disability of the injured is assessed at 13%. His income is notionally assessed at Rs.9,500/- as per the Notional Income Chart prepared by the Karnataka State Legal Services Authority. Having re-assessed the income and disability at 13%, the loss of future income due to disability would be: - 6 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 Rs.9,500/- x 12 x 18 x 13% = Rs.2,66,760/-. The Tribunal awarded meagre compensation on some of the heads, the same is required to be enhanced appropriately by considering the oral and documentary evidence as well as the treatment provided to the appellant and the same is reassessed as under: HEADS AMOUNT (in Rs.) Pain & suffering 50,000/- Loss of income due to disability (9,500/-x12x18x13%) 2,66,760/- Food, diet, conveyance & attendant charges 30,000/- Loss of income during laid-up period (9,500/- x 3 months) 28,500/- Medical expenses 61,250/- Loss of future amenities 40,000/- Future medical expenses 30,000/- Total 5,06,510/- - 7 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.5,06,510/- as against Rs.3,88,700/- 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 14.11.2019 passed by the Tribunal in M.V.C.No.879 of 2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.5,06,510/- as against Rs.3,88,700/- 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 No.2-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. - 8 - HC-KAR NC: 2026:KHC:18387 MFA No. 4957 of 2020 e) The entire enhanced compensation amount shall be released in favour of the appellant. f) Draw modified award accordingly. Sri Jwala Kumar, learned counsel is permitted to file vakalath in three weeks. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MKM List No.: 1 Sl No.: 12