- 1 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 285 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 1035 OF 2024 (MV-I) IN MFA No. 285/2024 BETWEEN: 1. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD. NEAR RAMASWAMY CIRCLE, 1ST FLOOR, MYSURU REP BY ITS REG. MANAGER, M/S NATIONAL INSURANCE CO. LTD. REGIONAL OFFICE, REP BY ITS REGIONAL MANGER, SHUBHARAM COMPLEX, 2ND FLOOR, NO.144, M.G. ROAD, BENGALURU-560 001 …APPELLANT (BY SRI. SHANKARA REDDY C.,ADVOCATE) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 AND: 1. SRI ABHAY A A S/O AJAY KUMAR A.B. AGED ABOUT 22 YEARS, R/AT NO.134, MAHADESHWARA BLOCK, SOMAWARPETE, KODAGU DISTRICT. 2. SRI AAKASH A A S/O Dr.ARUN KUMAR MAJOR R.AT. 11ST CROSS, 4TH MAIN CFTRI LAYOUT, BOGADHI, 2ND STAGE, SOUTH MYSURU …RESPONDENTS (BY SMT.SUSHITHA G, ADVOCATE FOR SRI. GOPAL KRISHNA N., ADVOCATE FOR R1, R2 - AAKASH A A SD.) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.2023 PASSED IN MVC NO.1176/2021 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MACT, MYSURU, AWARDING COMPENSATION OF RS.12,19,500/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DATE OF DEPOSIT. IN MFA NO. 1035/2024 BETWEEN: 1. ABHAY A A S/O AJAYKUMAR A B AGED ABOUT 22 YEARS - 3 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 R/A 134, MAHADESHWARA BLOCK SOMAWARAPETE KODAGU DISTRICT ...APPELLANT (BY SMT.SUSHMITHA G, ADVOCATE FOR SRI. GOPAL KRISHNA N., ADVOCATE) AND: 1. AKASH A A S/O DR ARUN KUMAR MAJOR IN AGE R/A NO.84, IST CROSS 4TH MAIN, CFTRI LAYOUT BOGADHI 2ND STAGE, SOUTH, MYSURU - 570001. 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED NEAR RAMASWAMY CIRCLE IST FLOOR MYSURU-570001 ...RESPONDENTS (BY SRI. SHANKAR REDDY, ADVOCATE FOR R2, V/O DTD 18.06.2026, NOTICE TO R1 DISPSENSED WITH) MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.04.2023 PASSED IN MVC NO.1176/2021 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION FILE FILED A/W MFA 285/2024 SENT TO PENDING BRANCH - 4 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 TO TAKE FURTHER STEPS.DATE MATTER.BSU. 27.07.2026 THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT MFA No.285/2024 is filed by the Insurer challenging the quantum of compensation and MFA No.1035/2024 is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 26.04.2023 passed in MVC No.1176/2021 by the learned Principal Judge, Court of Small Causes and MACT, Mysuru. 2. Even though both the appeals are listed today for admission, they are taken up for disposal with consent of the learned counsel for the parties. 3. The claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 25.02.2021 contending that the accident occurred due to the rash and negligent - 5 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 riding by rider of motorcycle bearing Regn. No. KA-09-HT- 9522. The Tribunal after recording the evidence of the parties, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Pain, Agony and suffering Rs. 49,000.00 Loss of amenities and happiness and inconvenience Rs. 36,000.00 Medial expenses & hospital charges Rs. 4,04,000.00 Loss of earning during laid up period Rs. 30,000.00 Towards attendant, food, nourishment and other sundry expenses Rs. 20,000.00 Loss of future earnings Rs. 6,80,500.00 Total compensation Rs.12,19,500.00 4. The Tribunal has also awarded interest at the rate of 6% per annum from the date of petition till realization and directed the Insurer to deposit the award amount with interest. - 6 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 5. The Insurer has challenged the compensation and the claimant has sought enhancement of compensation awarded by the Tribunal. 6. Heard the learned counsel for the Insurer and learned counsel for the claimant. 7. The learned counsel for the Insurer would contend that the claimant was a student of BBA IV semester at Mahajan's College, Mysuru and he was doing part time job at driving school and earning Rs.10,000/- per month and in spite of that, the Tribunal has erred in taking the notional income of the claimant at Rs.15,000/- p.m. The compensation awarded under other heads is just and proper. The Tribunal ought not to have added future prospects since the disability taken is 15%. With this, he prayed to allow the appeal. 8. The learned counsel for claimant would contend that the claimant was a BBA IV semester student at - 7 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 Mahajan's College, Mysuru and he was doing part time job at a driving school and was earning Rs.10,000/- per month. Considering the said aspect, the Tribunal has rightly taken notional income at Rs.15,000/- p.m. PW.2 is a treated doctor who has assessed the disability and stated that the disability to the whole body is at 40% and the Tribunal has erred in taking the functional disability at 15%. Considering the injuries sustained by the claimant, the compensation awarded for pain and suffering, loss of amenities are on the lower side. With this, she prayed to allow the appeal and enhance the compensation awarded by the Tribunal. 9. Having heard the learned counsel, the Court has perused the judgment and award and trial court records. 10. The accident occurred on 25.02.2021 and at the time of the accident the claimant was aged 19 years studying in IV semester BBA at Mahajan's College, Mysuru - 8 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 and was also doing part time job at a driving school. Considering the course in which the claimant was studying and his income from part time job, the Tribunal has rightly taken the notional income of the claimant at Rs.15,000/- per month. 11. PW2 is a treated doctor who has examined the claimant and assessed his disability. PW2 has stated the injuries sustained by the claimant in his evidence and also in Ex.P19/disability certificate and they are as under: (a) Diffuse axonal injury with right frontal contusions with diffuse traumatic subarachnoid haemorrhage (SAH) and brain edema (b) Bibasilar consolidations (c) Bilateral lung contusion 12. PW2/doctor has issued disability certificate/Ex.P19 and he stated that the claimant is having 40% disability to the whole body. PW2 has stated that the claimant has inability to speak fluently and clumsiness in right hand staccato speech, right more left - 9 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 hand in co-ordination, unable to write and pain and unable to function as a student. Considering the said evidence of PW2, the disability to the whole body is to be taken as 40% as against the 15% taken by the Tribunal. Since the disability is at 40%, the claimant is entitled to future prospects at 40% since he is aged 19 years. The Tribunal has rightly applied the multiplier `18'. 13. In view of the above, the loss of future income is calculated as under: Rs.15,000/- + 6,000 (40%) = 21,000/- x 12 x 18 x 40% = 18,14,400/- 14. Considering the injuries noted supra, the compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.49,000/- requires to be enhanced to Rs.60,000/-. 15. The Tribunal has rightly awarded loss of amenities medical expenses, loss of income during laid up period and attendant and conveyance charges. - 10 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 16. In view of the above, the claimant is entitled to total compensation under various heads as under: Loss of future income Rs.18,14,400.00 Pain and suffering Rs. 60,000.00 Loss of amenities Rs. 36,000.00 Medical expenses Rs. 4,04,000.00 Loss of income during laid up period Rs. 30,000.00 Attendant and conveyance charges etc. Rs. 20,000.00 Total Rs.23,64,400.00 17. The claimant is entitled to total compensation of Rs.23,64,400/- as against Rs.12,19,500/- awarded by the Tribunal with interest. Consequently the claimant is entitled to enhanced compensation of Rs.11,44,900/- with interest at the rate of 6% per annum on the date of petition till realization. The Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal filed by the Insurer in MFA No.285/2024 is dismissed. - 11 - HC-KAR CNR: KAHC010000892024 NC: 2026:KHC:39445 MFA No. 285 of 2024 C/W MFA No. 1035 of 2024 ii) The appeal filed by the claimant in MFA No.1035/2024 is partly allowed. iii) The claimant is entitled to enhanced compensation of Rs.11,44,900/- with interest at the rate of 6% per annum from the date of petition till realization. iv) The Insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. v) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 6