- 1 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 5891 OF 2023 (MV-I) BETWEEN: ANNAPPA AGED ABOUT 56 YEARS, S/O PALANISWAMY, R/AT. SRI DURGA DEVI NILAYA, HARJADDU 5 CENTS COLONY, KUKKUNDOOR VILLAGE AND POST, KARKALA TALUK - 576 117. …APPELLANT (BY SRI. SIDDARAJA H.M., ADVOCATE FOR SRI. PAVANA CHANDRA SHETTY H.,ADVOCATE) AND: 1. S. SUDHAKAR SHETTY AGED ABOUT 57 YEARS, S/O ADU SHETTY, R/AT OMKAR, NEAR SAINT JOSEPH SCHOOL, SANOOR VILLAGE AND POST, KARKALA TALUK - 574 104. 2. THE BRANCH MANAGER CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD., REGD. AND HEAD OFFICE: DARE HOUSE, 2ND FLOOR, NO.2, N.S.C. BOSE ROAD, CHENNAI - 600 001. Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 3. THE BRANCH MANAGER NATIONAL INSURANCE CO. LTD., MOODABIDRI BRANCH, NITHYANANDA COMPLEX, MOODABIDRI - 574 227. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR SRI. A.M. VENKATESH, ADVOCATE FOR R3; VIDE ORDER DATED 31.08.2023, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2023 PASSED IN MVC NO.261/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM, KARKALA, UDUPI, 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 claimant seeking enhancement of compensation awarded in the Judgment and Award dated 02.01.2023 passed in MVC No.261/2022 by Senior Civil Judge and AMACT, Karkala. 2. Even though the matter is listed today for admission, with the consent of both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the matter is taken up for disposal. - 3 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 3. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 03.07.2021 contending that the accident occurred due to rash and negligent driving by the driver of Maruthi Suzuki S. Cross car bearing registration No.KA-20-MC-3828. 4. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Towards pain and sufferings Rs. 80,000/- 2. Towards Conveyance, Attendant charges and nourishing food Rs. 30,000/- 3. Towards loss of income during laid up period Rs. 42,750/- 4. Medical expenses Rs. 1,24,720/- 5. Loss of future income Rs. 2,30,850/- 6. Future medical expenses Rs. 25,000/- Total Rs. 5,33,320/- - 4 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 5. The Tribunal has also awarded the interest at the rate of 7% per annum from the date of petition till realisation and directed respondent No.3/insurer to deposit the compensation awarded with interest. The claimant has filed the present appeal seeking enhancement of compensation. 6. Heard the learned counsel for appellant and learned counsel for respondent No.3/insurer. 7. Learned counsel for the appellant would contend that, the accident occurred during the year 2021 and the notional income fixed for the said year is Rs.15,000/- and the Tribunal has erred in taking the income at Rs.14,250/-. Considering the injuries sustained, the Tribunal ought to have awarded loss of amenities, but the Tribunal has not awarded the loss of amenities. The claimant has to undergo surgery for removal of implants and the Tribunal has awarded future medical expenses in that regard in a sum of Rs.25,000/- is on lower side. Since - 5 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 the Doctor has stated that, for removal of implants the estimated cost will be Rs.35,000/-. With these, he prayed to allow the appeal. 8. Learned counsel for respondent No.3/insurer would contend that, the compensation awarded by the Tribunal is just and proper and there are no grounds for enhancement. With these, he prayed for dismissal of the appeal. 9. Having heard both the learned counsel for appellant and learned counsel for respondent No.3/insurer, the Court has perused the Judgment and Award. 10. The accident occurred on 03.07.2021 and as on the date of accident, the claimant was aged fifty six (56) years. The Tribunal has taken the income of the claimant at Rs.14,250/-, but as per the chart prepared by Karnataka State Legal Services Authority, the notional income fixed for the year 2021 is Rs.15,000/- and the said income is taken. The Tribunal has rightly taken the - 6 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 disability at 15% considering the evidence of P.W.2 - Doctor and rightly applied multiplier '9' since the claimant was aged fifty six (56) years. In view of the same, loss of future income is calculated as under: Rs.15,000/- X 12 X 9 X 15% = Rs.2,43,000/- 11. The Tribunal has awarded loss of income during laid up period for three (03) months. Now the income is Rs.15,000/- and therefore, the claimant is entitled to loss of income during laid up period in a sum of Rs.45,000/- (Rs.15,000/- X 3) as against Rs.42,750/- awarded by the Tribunal. The claimant has been admitted in hospital for fifteen (15) days and the Tribunal has rightly awarded attendant, conveyance charges, food and nourishment in a sum of Rs.30,000/-. Considering the injuries sustained, the Tribunal has rightly awarded pain and sufferings in a sum of Rs.80,000/-. The Tribunal has not awarded loss of amenities. Considering that the claimant has sustained fracture of Left Femur with ACJ - 7 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 dislocation (L), the claimant is entitled to loss of amenities in a sum of Rs.50,000/-. 12. PW.2 - Doctor has stated that the claimant has to undergo one more surgery for removal of implants and for which, estimated cost is Rs.35,000/-. The Tribunal has awarded future medical expenses in a sum of Rs.25,000/- and now it is to be enhanced to Rs.30,000/-. 13. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Towards pain and sufferings Rs. 80,000/- 2. Towards Conveyance, Attendant charges and nourishing food Rs. 30,000/- 3. Towards loss of income during laid up period Rs. 45,000/- 4. Medical expenses Rs. 1,24,720/- 5. Loss of future income Rs. 2,43,000/- 6. Future medical expenses Rs. 30,000/- 7. Loss of amenities Rs. 50,000/- Total Rs. 6,02,720/- - 8 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 14. The claimant is entitled to total compensation of Rs.6,02,720/- as against Rs.5,33,320/- awarded by the Tribunal with interest at the rate of 6% per annum from the date of petition till realisation. 15. Consequently, the claimant is entitled to enhanced compensation of Rs.69,400/- (Rs.6,02,720/- - Rs.5,33,320/-) with interest at the rate of 6% per annum from the date of petition till realisation. 16. Respondent No.3/insurer is liable to pay enhanced compensation amount with interest. 17. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.69,400/- with interest at the rate of 6% per annum from the date of petition till realisation. - 9 - HC-KAR CNR: KAHC010443602023 NC: 2026:KHC:39239 MFA No. 5891 of 2023 iii) Respondent No.3/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day, failing which, it is liable to pay interest at the rate of 9% per annum from this day till date of payment. iv) The appellant/claimant is not entitled to interest for the delay period of 137 days in filing the appeal. v) The appellant/claimant is entitled to release of entire enhanced compensation with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 41