- 1 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 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. 7093 OF 2019 (MV-I) BETWEEN: VENKATESH NAIK S/O BHIMA NAIK, AGED ABOUT 37 YEARS, R/ BEVINAHALLI VILLAGE, BARAMSAGARA HOBLI, CHITRADURGA TALUK AND DISTRICT- 577501. …APPELLANT (BY SRI. MANJUNATH N D., ADVOCATE) AND: 1. ABDUL REHAMAN THIMMOD S/O ABDUL GAFAR, AGED ABOUT 34 YEARS, R/AT H.N.NAGARI, RANEBENNUR, HAVERI DISTRICT- 570821. 2. MAMATHA W/O M NAGARAJ, KUDLIGERE, BADARAVATHI TALUK, SHIVAMOGA DISTRICT- 560012. 3. THE PROPRIETOR UNITED INDIA INSURANCE SHIVAMANGALA BUILDING, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 CHANAGIRI ROAD, BHADRAVATHI, SHIVAMOGGA DISTRICT- 560012. …RESPONDENTS (BY SRI. C.SHANKAR REDDY., ADVOCATE FOR R3; V/O DTD 25.07.23, NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 02.02.2017 PASSED IN MVC NO.487/2015 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, VII MACT, DAVANAGERE, 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 challenging the judgment and award dated 02.02.2017 passed in M.V.C.No.487/2015 by the III Additional Senior Civil Judge and MACT-V at Davanagere (for short, ‘Tribunal’). - 3 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 2. Heard Sri Manjunath N.D., learned counsel appearing for the appellant and Sri. C. Shankar Reddy, learned counsel appearing for respondent No.3 and perused the material placed on record. 3. The injured-claimant filed claim petition under Section 166 of the Motor Vehicle Act, 1988 seeking compensation before the Tribunal. 4. The appellant examined himself as PW1, and examined one Nagabhushan as PW2, and got marked Exs.P1 to P13. The respondent with consent got marked Ex.R1. The tribunal assessed the disability, income and awarded total compensation of Rs. 90,500/- with interest at the rate of 8% per annum from the date of petition till its realization. 5. The contention of the appellant is to reassess the income and disability and award compensation on the head of pain and suffering which is meager and seeks to - 4 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 award compensation on the head of loss of amenities to the life. 6. Respondent the insurance company seeks to sustain the judgment and award of the Tribunal. 7. Having heard the learned counsel appearing for the parties, the material on record indicate that the appellant met with a road accident on 20.11.2014 and he was provided treatment at CG Hospital, Davangere. PW2- doctor has assessed his disability at 9%. Tribunal considered the disability by assessing the income at Rs.4,500/- per month. It is to be noticed that the appellant has failed to produce any evidence with regard to the income. Hence, his income is notionally reassessed at Rs.8,500/- per month placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority by retaining disability at 9% and the multiplier considered by the Tribunal at '16'. Considering - 5 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 the nature of injuries suffered and treatment provided to the appellant, the compensation is reassessed as under: 8. Thus, the appellant-claimant shall be entitled to total compensation of Rs.2,31,480/- as against Rs.90,500/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER i) Appeal is allowed in part. ii) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total HEADS AMOUNT (in Rs.) Loss of future income due to disability (8500 X 12 X 16 X 9%) 1,46,880/- Pain & suffering 25,000/- Loss of amenities in life 25,000/- Food, nourishment, transportation and attendant charges 10,000/- Loss of income during laid up period (Rs.8500 x 2 months) 17,000/- Medical expenses 7,600/- Total 2,31,480/- - 6 - HC-KAR NC: 2026:KHC:18347 MFA No. 7093 of 2019 compensation of Rs. 2,31,480/- as against Rs.90,500/- awarded by the Tribunal. iii) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. iv) The 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 certified copy of this judgment. v) The entire compensation amount shall be released in favour of the appellant-claimant. vi) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE HR List No.: 1 Sl No.: 7