- 1 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 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. 4934 OF 2020 (MV-I) BETWEEN: SRI. B.M. RUDRAPPA S/O B.M. MALLIKARJUNAPPA,A AGED ABOUT 50 YEARS, AGRICULTURIST, R/O BETTADAHALLI, KASABA HOBLI, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT. …APPELLANT (BY SRI. SREEDHARA H.R., ADVOCATE) AND: 1. BINDU. K S/O KRISHNAPPA, AGED ABOUT 32 YEARS, R/O ALASE VILLAGE, KONANDUR POST, THIRTHAHALLI TALUK, SHIVAMOGGA - 577 201 2. THE UNITED INDIA INSURANCE CO.LTD. SBLT BUILDING, POLYTECHNIC ROAD, CHINTAMANI - 563 125 …RESPONDENTS (R1 SERVED AND UNREPRESENTED BY SRI. KRISHNA KISHORE, ADVOCATE FOR R2 VAKALATH NOT FILED) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.02.2020 PASSED IN MVC NO. 371/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRINCIPAL J.M.F.C., TARIKERE, 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 seeking enhancement of compensation being aggrieved by the judgment and award dated 17.02.2020 passed in M.V.C.No.371 of 2017 by the Senior Civil Judge and Principal J.M.F.C, Tarikere (for short, 'the Tribunal'). 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 H.R. Sreedhara, learned counsel appearing for the appellant submits that the Tribunal has committed a - 3 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 grave error in assessing the income, disability and awarded meagre compensation under the head of pain and suffering, loss of amenities and on all other heads. Hence, he seeks to re-assess the same by considering the oral and documentary evidence on record by allowing the appeal. 4. Per contra, Sri Krishna Kishore, learned counsel appearing for respondent No.2-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the appellant has failed to produce any evidence with regard to the income. The Tribunal, considering the assessment of disability by PW2 to a particular limb, has considered 1/3rd of the same to the whole body and awarded just compensation under the head of loss of income due to disability and also awarded just compensation on all other heads. There is no scope for enhancement. Hence, he seeks to dismiss the appeal. - 4 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 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 met with a road accident that occurred on 30.11.2016 and he was provided treatment initially at Government Hospital, Tarikere and thereafter at Sahyadri Narayan Multi-Speciality Hospital, Shivamogga. The records indicate that he was inpatient on two occasions i.e. from 30.11.2016 to 13.12.2016 and from 23.01.2017 till 31.01.2017, in total for a period of 22 days and thereafter he was also provided treatment as outpatient. - 5 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 CW1-the Doctor, considering the nature of fractures suffered by the appellant and treatment provided has assessed the disability at 58.22% to the right lower limb. The Tribunal, considering the injuries suffered and the assessment of disability by CW.1 has assessed disability to the extent of 19% to the whole body, which would be one third of the disability assessed by the Doctor to the particular limb. The evidence of CW1, wound certificate at Ex.P6, Discharge Summaries at Exs.P9 to P11 and Disability Certificate at Ex.P13 indicate that the appellant has sustained the following fractures: (i) Mild Head injury; (ii) Open comminuted fracture of both bone right leg distal 1/3rd Tibial anterior tendon tear; (iii) Fracture of right medial malleous; (iv) Disfranc's injury with fracture second metatarsal right injury right foot; and (v) Fracture proximal right fibula, which are grievous in nature. 8. Keeping in mind the aforesaid fractures as well as the treatment provided to the appellant and the fact that - 6 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 he has undergone surgery, I am of the considered view that the disability of the appellant is required to be reassessed at 23% to the whole body for the purpose of determination of compensation. Admittedly, no proof of income was placed before the Tribunal. In the absence of the evidence, this Court re-assesses the income of the injured notionally at Rs.9,500/- per month placing reliance on the Notional Income Chart prepared by the Karnataka State Legal Services Authority (KSLSA). Having reassessed the disability at 23%, the loss of future income due to disability would be: Rs.9,500/- x 12 x 13 x 23% = Rs.3,40,860/-. The medical expenses of Rs.2,74,292/- is awarded by the Tribunal, which is the actual expenditure and the same remains unaltered. 9. Considering the oral evidence of PW1, CW1 and other medical evidence on record, I am of the considered - 7 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 view that the compensation is required to be reassessed under other heads and the same is reassessed as under: Thus, the appellant-claimant shall be entitled to a total compensation of Rs.8,08,152/- as against Rs.6,49,412/- awarded by the Tribunal. 10. In the result, this Court proceeds to pass the following: HEADS AMOUNT (in Rs.) Pain & suffering 70,000/- Medical bills 2,74,292/- Loss of income during laid up period 48,000/- Loss of future income due to disability (9,500/-x12x13x23%) 3,40,860/- Loss of amenities and happiness 50,000/- Food, conveyance, nourishment and attendant charges 25,000/- Total 8,08,152/- - 8 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 17.02.2020 passed by the Tribunal in M.V.C.No.371/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.8,08,152/- as against Rs.6,49,412/- 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. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. - 9 - HC-KAR NC: 2026:KHC:18388 MFA No. 4934 of 2020 f) Draw modified award accordingly. Sri Krishna Kishore, learned counsel is permitted to file vakalath in three weeks. Sd/- (VIJAYKUMAR A. PATIL) JUDGE MKM List No.: 1 Sl No.: 11