- 1 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 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. 2231 OF 2020 (MV-I) BETWEEN: SRI BOJAKUMAR G V S/O LATE VAJRAPPA, AGED 42 YEARS R/O GARDEN HOUSE, GUBBI, MUDIGERE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. …APPELLANT (BY SRI. MOHITH.R., ADVOCATE FOR SRI. M B CHANDRACHOODA., ADVOCATE) AND: 1. SRI RAMU G S/O GANGARAMAIAH AGED 42 YEARS R/O KBS PALYA, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTIRCT-572216. 2. THE UNITED INDIA INUSRANCE CO LTD BRANCH AT JAYADEVA COMPLEX, B.H.ROAD, TUMAKURU-572101. BY ITS MANAGER 3. SRI. KANTHARAJU G.S S/O G.P. SHIVALINGAIAH AGED 42 YEARS R/O GOWRIPURA, CHELUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT-572216. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 …RESPONDENTS (BY SRI. JWALA KUMAR., ADVOCATE R2; R1 AND R3 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2019 PASSED IN MVC NO. 367/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT-17, GUBBI, 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 05.10.2019 passed in M.V.C.No.367/2018 by the Senior Civil Judge and Addl. MACT-17, Gubbi (for short, ‘Tribunal’). 2. Heard Sri Mohith R., learned counsel for Sri M.B. Chandrachooda, learned counsel for the appellant and Sri. Jwala Kumar, learned counsel appearing for respondent No.2 and perused the material placed on record. - 3 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 3. Though notice was served on respondents No.1 and 3, they did not choose to appear and remained unrepresented and proceeded exparte. 4. The learned counsel appearing for the appellant submits that the appellant has pleaded that he used to earn Rs.50,000/- per month. However, the tribunal has incorrectly assessed the income at Rs.8,000/- per month and similarly disability at 10% contrary to the evidence of PW2. It is submitted that the award of compensation by the tribunal on all other heads is meager and seeks to reassess the same by considering the evidence on record. 5. Per contra, learned counsel appearing for respondent No.2, supports the impugned judgment and award of the tribunal and submits that the appellant has not produced any proof of income before the tribunal. The disability assessed by the Tribunal at 10% itself is on higher side, as he has suffered a fracture of right alna, and - 4 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 awarded just compensation on all other heads. Hence, he seeks to dismiss the appeal. 6. The appellant as well as the respondent are not in dispute that the appellant sustained injuries in a road accident on 25.10.2017 and provided treatment at M.C. Orthopedic Arthroscopy and Joint Replacement Center, Tumkur from 26.10.2017 to 31.10.2017. 7. In order to prove the claim, the injured examined himself as PW1 and examined Dr. Sunil M. C. as PW.2, who assessed the disability at 46% to the right lower limb and upper limb and 15% to the whole body. The tribunal considering the oral and documentary evidence on record assessed the disability at 10%. In my considered view, the same is appropriate and it does not call for any modifications. 8. The income of the injured is assessed at Rs.8,000/- per month by the Tribunal. Admittedly, no proof of income is placed before the tribunal. Hence, - 5 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 income of the injured is required to be reassessed notionally at Rs.11,000/- per month, as per the notional income chart prepared by the Karnataka State Legal Services Authority and the correct multiplier is '14' considering the age of the claimant as 42 years. 9. Considering the oral evidence of PW2, keeping in mind that the appellant was inpatient for a period of 6 days and provided treatment for his fracture. I am of the view that the compensation on all other heads are required to be reassessed appropriately. Hence the same is reassessed as under: HEADS AMOUNT (in Rs.) Loss of future income due to disability (11000 X 12 X 14 X 10%) 1,84,800/- Pain & suffering 40,000/- Loss of amenities in life 40,000/- Food, nourishment, transportation and attendant charges 20,000/- Loss of income during laid up period (Rs.11000 x 3 months) 33,000/- Medical Expenses 99,000/- Future Medical Expenses 40,000/- TOTAL 4,56,800/- - 6 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 10. Thus, the appellant-claimant shall be entitled to total compensation of Rs.4,56,800/- as against Rs.3,25,600/- awarded by the Tribunal. 11. 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 compensation of Rs.4,56,800/- as against Rs.3,25,600/- 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 - 7 - HC-KAR NC: 2026:KHC:18350 MFA No. 2231 of 2020 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.: 9