- 1 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 347 OF 2024 (MV-I) BETWEEN: SRI D.B. NANJUNDASWAMY S/O BASAVARAJAIAH D AGED ABOUT 40 YEARS RESIDING AT: DODDERI VILLAGE BELLAVI HOBLI TUMAKURU TALUK AND DISTRICT. …APPELLANT (BY SRI SATHISHA T, ADVOCATE) AND: 1. SRI NANDEESHAIAH S S/O SIDDAPPA AGED ABOUT 50 YEARS R/AT HARIVANAPURA VILLAGE CHENNENAHALLI POST BELLAVI HOBLI TUMAKURU TALUK. 2. THE BRANCH MANAGER HDFC ERGO GENERAL INSURANCE COMPANY LTD., No.25/1, 2ND FLOOR, BUILDING No.1 SHANKARANARAYANA Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 BUILDING No.1, M .G ROAD BENGALURU CITY. …RESPONDENTS (BY SRI L SIDDESHA UMMATHUR, ADVOCATE FOR R1 SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:08.09.2022 PASSED IN MVC No.999/2020 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, TUMAKURU, DISMISSING THE CLAIM PETITION FOR COMPENSATION. THIS APPEAL, COMING ON FOR HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 08.09.2022 passed in MVC No.999/2020 by I Additional District and Sessions Judge and MACT, Tumakuru. 2. The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 28.01.2020 contending - 3 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 that the accident occurred due to rash and negligent driving of the driver of Maruthi Wagon R Car bearing Regn.No.KA-17/M-8056. The Tribunal after recording the evidence of the parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under: 1 Pain and sufferings 50,000/- 2 Medical expenses 4,55,000/- 3 Food, attendant and conveyance charges 35,000/- 4 Loss of future income due to permanent disability 3,91,500/- 5 Loss of income during the period of treatment and rest 43,500/- 6 Loss of enjoyment of life due to injuries 20,000/- Total Rs. 9,95,000/- 4. The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed the respondent No.2 -insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal. - 4 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 5. Heard learned counsel for the appellant and learned counsel for respondent No.2 –insurer. 6. Learned counsel for appellant would contend that the claimant has sustained head injury. Considering the same, the compensation awarded for pain and suffering and loss of amenities are on lower side. The claimant has been admitted in the hospital for 09 days and due to head injury, he has to take rest at least for 06 months and therefore, he is entitled to loss of income during laid up period for 06 months. P.W.2 is neurosurgeon who has examined the claimant, assessed his neurological disability and stated that the claimant is having 40% neurological disability and the Tribunal has taken the disability at 15%. With this he prayed to allow the appeal and enhancement of compensation. 7. Learned counsel for respondent No.2 –insurer would contend that the compensation awarded by the Tribunal is just and proper and there are no grounds for - 5 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 enhancement. Considering the fact that the claimant himself gave evidence and faced cross-examination itself indicate that there is no such neurological disability as stated by the doctor and therefore, The Tribunal has rightly taken the disability at 15%. With this, he prayed to dismiss the appeal. 8. Having heard learned counsels, the Court has perused impugned judgment, award and trial Court records. 9. The accident occurred on 28.01.2020 and as on the date of accident the claimant was aged 39 years and his avocation is agriculture and business. The claimant has sustained the injuries namely CLW with skull fracture expose of brain of 10 centimeters over occipital region, CWL over vertex region 4x5 centimeters, CLW over left side upper lip 4x1 centimeters, fracture over bilateral parietal bone extending to temporal bone left side, cut laceration wound on forehead, nose and multiple facial - 6 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 bone fracture. The claimant has been admitted in the hospital for 09 days. Considering the said injuries, the compensation awarded for pain and suffering requires to be enhanced to Rs.1,50,000/- as against Rs.50,000/- as awarded by the Tribunal and loss of amenities requires to be enhanced to Rs.1,00,000/- as against Rs.20,000/- as awarded by the Tribunal. 10. P.W.2 is the doctor, who has assessed the neurological disability of the claimant at 40% and the Tribunal has taken disability at 15%. Considering the head injury and other injuries sustained by the claimant and that he has given evidence and faced cross-examination, the disability is to be taken at 25% as against 15% as taken by the Tribunal. Since the disability is taken more than 20%, future prospects at 40% are to be taken into consideration as age of the claimant is 39 years. The Tribunal has rightly applied multiplier 15. In view of the above, the loss of future income is calculated as under: - 7 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 Rs.14,500/- + Rs.5,800/- (40%) =Rs.20,300/- x12x 15x 25% =Rs.9,13,500./- 11. Considering the said injury sustained by the claimant, he has to take rest at least for 06 months and therefore, he is entitled to loss of income during laid up period for 06 months in a sum of Rs.87,000/- (Rs.14,500/- x6) as against Rs.43,500/- as awarded by the Tribunal. The Tribunal has rightly awarded attendant and conveyance charges, food and nourishment etc., and medical expenses. 12. In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.) 01. Pain and suffering 1,50,000/- 02. Loss of amenities 1,00,000/- 03. Loss of Future income 9,13,500/- 04. Attendant and conveyances, food and nourishment etc., 35,000/- 05. Medical expenses 4,55,000/- 06. Loss of income during laid up period 87,000/- Total 17,40,300/- - 8 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 13. Considering the above aspects, the claimant is entitled to total compensation of Rs.17,40,300/- as against Rs.9,95,000/- with interest at the rate of 6% per annum from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.7,45,500/- with interest at the rate of 6% per annum from the date of petition till realization. The appellant –claimant is not entitled to interest for the delay period of 388 days in filing the appeal as per order dated 29.10.2025 passed on IA No.1/2024. Respondent No.2 is liable to pay the said enhanced compensation with interest. 14. In view of the above, the following: ORDER i) The appeal is allowed in part. ii) The appellant -claimant is entitled to enhanced compensation of Rs.7,45,500/- - 9 - HC-KAR CNR: KAHC010046562024 NC: 2026:KHC:41879 MFA No. 347 of 2024 with interest at the rate of 6% per annum from the date of petition till realization. iii) The appellant –claimant is not entitled to interest for the delay period of 388 days in filing the appeal iv) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of six weeks from this day. v) The appellant –claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP List No.: 1 Sl No.: 31