- 1 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4747 OF 2022(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.3952 OF 2022(MV-I) IN MFA No. 4747/2022 BETWEEN: KARIBASAPPA, S/O NAGARAJAPPA @ GANDAIGALA NAGARAJAPPA, NOW AGED ABOUT 25 YEARS, COOLIE WORK, AT PRESENT NO WORK, R/A LAKKAMAPURA VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT. …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. SHAMIULLA H, S/O HUSEN SAB, AGED ABOUT 30 YEARS, R/A DOOR NO.191/2, 1ST MAIN, CHAMARAJPET, BENGALURU. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 PERMANENT R/A BIDARAKERE VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT - 577 528. (RIDER OF PASION PRO M/C NO. KA-51-EC-6573). 2. NAWAZ SHARIF R, S/O RAJA HUSEN, AGED ABOUT 30 YEARS, R/A DOOR NO.40/16, CRS BUILDING, 3RD CROSS, NEAR MUNESHWARI CIRCLE, MUNESHWARA NAGARA, BOMMANAHALLI, BENGALURU - 560 068. (OWENR OF PASSION PRO M/C NO KA-51-EC-6573). 3. THE LEGAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., ARCADE COMPLEX, C.G. HOSPITAL ROAD, NEAR VIDYARTHI BHAVAN, DAVANAGERE - 577 001. …RESPONDENTS (BY SMT.HARINI SHIVANANDA, ADVOCATE FOR R3; NOTICE TO R1 & R2 IS DISPENSED WITH VIDE COURT ORDER DATED 27.07.2026) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.12.2021 PASSED IN MVC NO.470/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, ITINERARY COURT, JAGALUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 3 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 IN MFA NO. 3952/2022 BETWEEN: 1. NEW INDIA ASSURANCE CO. LTD., ARCADE COMPLEX, C.G. ROAD, NEAR VIDYARTHI BHAVAN, DAVANGERE. NOW REPRESENTED BY ITS REGIONAL MANAGER, REGIONAL OFFICE, MAHALAKSHMI CHAMBERS, II FLOOR, NO.9, M.G.ROAD, BENGALURU - 560 001. ...APPELLANT (BY SMT. HARINI SHIVANANDA., ADVOCATE) AND: 1. SRI. KARIBASAPPA, 25 YEARS, S/O NAGARAJAPPA @ GANDAIGALA, NAGARAJAPPA, COOLIE, R/O LAKKAMMA VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT. 2. SHAMIULLA H, 30 YEARS, S/O HUSEN SAB, NO.191/2, 1st MAIN ROAD, CHAMARAJPET, BENGALURU. PERMANENT R/O BIDARAKERE VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT. - 4 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 3. NAWAZ SHARIF R, 30 YEARS, S/O SRI. RAJA HUSEN, NO.40/16, CRS BUILDING, 3rd CROSS, NEAR MUNESHWARA CIRCLE, MUNESHWARANAGAR, BOMMENAHALLI, BENGALURU - 560 068. ...RESPONDENTS (BY SRI. RAGHU R., ADVOCATE FOR R1; R3 SERVED, UNREPRESENTED; NOTICE TO R2 IS DISPENSED WITH VIDE COURT ORDER DATED 27.7.2026) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 15.12.2021 PASSED IN MVC NO.470/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, ITINERARY COURT, JAGALUR, AWARDING COMPENSATION OF RS.6,59,400/- WITH INTEREST AT 9 PERCENT P.A. FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. These two appeals are arising out of the judgment and award passed in MVC No.470/2020 dated 15.12.2021 by the Senior Civil Judge and Additional MACT-V, itinerary Court at Jagalur (for short, 'the Tribunal'), whereby the - 5 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 Tribunal has partly allowed the claim petition filed by the claimant and awarded compensation of Rs.6,99,400/- with 9% interest per annum. 2. The factual matrix of the case is that; on 14.03.2020 at about 07.00 p.m., the claimant was riding the motorcycle bearing registration No.KA-17-EX-5018 along with the pillion rider. When they reached a place called Jagaluru tank on Jagalur-Kottur road, Davanagere District, the rider of the motorcycle, bearing registration No.KA-51-EC-6573, came in opposite direction and dashed to the motorbike of the claimant, as a result, the claimant - rider and the pillion rider, both sustained injuries on their persons. Thereafter, they both were admitted to hospital and subsequently, the claimant filed the claim petition before the Tribunal, claiming compensation for the injuries he has sustained in the accident. 3. The Tribunal, upon assessment of the oral and documentary evidence, has partly allowed the claim - 6 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 petition as stated supra. Being dissatisfied with the compensation granted by the Tribunal, the claimant filed MFA No.4747/2022, whereas the insurance company also challenged the quantum of compensation in MFA No.3952/2022. 4. Heard learned counsel for the appellant - claimant and learned counsel appellant - Insurance Company. 5. Apart from urging several contentions, the learned counsel for the appellant–claimant contended that the Tribunal has grossly erred in awarding meager compensation without properly appreciating the evidence on record. He submitted that CW.1–Doctor, has deposed that the claimant suffered 30% permanent disability. Despite the production of Ex.P7–Wound Certificate, Ex.P9– Disability Certificate and Ex.P10–Discharge Summary, the Tribunal has assessed the disability at only 20%. He further contended that the compensation awarded under - 7 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 the other heads is also meager. Accordingly, he prays to allow the appeal by enhancing the compensation. 6. Per contra, the learned counsel for the insurance company contended that the Tribunal was not justified in assessing the permanent disability at 20% to the claimant based on the evidence of CW.1, who was not a treated Doctor. She submitted that the claimant had sustained only facial injuries and has continued in his employment as a worker in a cloth centre. Therefore, the Tribunal ought not to have awarded compensation under the head of 'loss of future income'. She further contended that the claimant has failed to produce any material to establish that he lost his employment on account of the injuries sustained in the accident. It was also contended that the Tribunal erred in assessing 20% disability solely on the basis of the evidence of CW.1 and the medical records. However, the compensation awarded under the other heads was just and proper. She further contended that the Tribunal erred in awarding interest at 9% per annum instead of 6% per - 8 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 annum. Accordingly, she prayed for allowing the appeal filed by the insurance company and dismissing the appeal filed by the claimant. 7. I have given my anxious consideration to the submissions advanced by the learned counsel for the claimant and the insurance company and have carefully perused the entire material available on record. 8. As could be gathered from records, the occurrence of the accident and the coverage of the offending motorcycle under a valid insurance policy are not in dispute. Insofar as the quantum of compensation is concerned, the only point that arises for consideration is whether the compensation awarded by the Tribunal is just and proper. The Tribunal, placing reliance on the evidence of CW.1, assessed the permanent disability of the claimant at 20%, though CW.1 had opined that the claimant suffered 30% disability on the basis of Ex.P7–Wound Certificate, Ex.P9– Disability Certificate and Ex.P10–Discharge Summary. No - 9 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 doubt, CW.1 has deposed that the claimant suffered 30% disability on account of the injuries sustained in the accident. However, it is not in dispute that CW.1 was not the treated Doctor. Further, on perusal of Ex.P7–Wound Certificate, the claimant had sustained the following injuries:; Lefort II fracture of right maxillary bone Subcondylar fracture of right mandible Fracture of coronoid of right mandible Laceration over the right eyebrow, right side of scalp measuring 5 x 3 x 1 cm, over the chest 6 x 0.5 x 0.5 cm 9. On perusal of the aforesaid injuries, it is evident that the claimant had sustained three fractures and lacerated injuries over the right eyebrow and right side of the scalp measuring 5 x 3 x 1 cm, and over the chest measuring 6 x 0.5 x 0.5 cm. It is not in dispute that the claimant underwent treatment for the fractures and continued to take regular follow-up treatment. Though the claimant has - 10 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 not produced any material to establish that he discontinued his employment after the accident, the fact remains that he was required to undergo continuous follow-up treatment for the injuries sustained. The evidence of the Doctor further discloses that the claimant has difficulty in chewing food, is unable to approximate the upper and lower jaws, and had lost about 5 to 7 kilograms of body weight within a period of one year. 10. In the above circumstances, I am of the considered view that the Tribunal was justified in assessing the permanent disability of the claimant at 20% and in awarding compensation under the head of 'loss of future income'. The compensation awarded under the other heads is also just and reasonable. Accordingly, the impugned judgment and award does not warrant interference by this Court. - 11 - HC-KAR CNR: KAHC010296402022 NC: 2026:KHC:38681 MFA No. 4747 of 2022 C/W MFA No. 3952 of 2022 11. Accordingly, both the appeals filed by the insurance company and the claimant are devoid of merit and are, therefore, stand dismissed. 12. The Amount in deposit if any, shall be transmitted to the Tribunal. Sd/- (RAJESH RAI K) JUDGE GH List No.: 1 Sl No.: 8