- 1 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.8268 OF 2023(MV-I) BETWEEN: SHRI. NARAYANASWAMY, S/O LATE BENASA NAYAKA, AGED ABOUT 50 YEARS, R/AT KARADUBANDE VILLAGE, NARASAPURA HOBLI, KOLAR TALUK, NOW RESIDING AT NO 527, SMIG, 33 ‘B’ BLOCK, 4TH PHASE, YELAHANKA NEW TOWN, NEAR BMTC BUS STOP, BENGALURU - 560 064. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. SHRI. B.E. LOKESHA, SON OF ESHWARACHARI, AGED ABOUT 52 YEARS, RESIDING AT BELLUR VILLAGE, NARASAPURA HOBLI, KOLAR TALUK. 2. THE MANAGER, IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 NO.06, FIRST FLOOR, WHITE FIELD MAIN ROAD, OPPOSITE SIDDAPURA BUS STAND, BENGALURU - 560 066. …RESPONDENTS (BY SRI.B.C. SHIVANNE GOWDA, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:10.08.2023 PASSED IN MVC NO.5983/2021 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal by the claimant seeking for enhancement of compensation arising out of judgment and award dated 10.08.2023 in MVC.No.5983/2022 passed by the III Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru1 (SCCH-18). 1 ‘Tribunal’ for short - 3 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 2. Heard, Sri. Naik Krishna, learned counsel for the appellant and Sri. B.C.Shivanne Gowda, learned counsel for respondent No.2/Insurer. Notice to respondent No.1 is dispensed with. 3. On a short point, Sri.Naik Krishna, submits that the Tribunal in the teeth of evidence of the doctor stating that the disability to the spine and chest is at 52%, and to whole body the same comes to 18%, however, the Tribunal has taken it at the rate of 15%. He further submits that, in the teeth of the documents regarding his income especially at Ex.P10 and Ex.P12, the Tribunal has taken notional income. 4. The claimant was doing milk vending and was earning Rs.20,000/- per month as income. The same ought to have been considered by the Tribunal, while assessing the ‘loss of future income’. - 4 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 5. In contrast, Sri. B.C.Shivanne Gowda, learned counsel submits that, no cogent evidence was placed on record, except Ex.P10 to Ex.P12, to substantiate the proof of income. In that view of the matter, the Tribunal has properly considered the nominal income at Rs.15,000/-, which does not call for any interference and sought to dismiss the appeal. 6. Having considered the rival submissions, this Court is of the opinion that the income fixed under chart for the year 2019, is Rs.15,000/- in respect of an unskilled labour. The claimant in the case on hand was doing milk vending business and cannot be equated with an unskilled labour. In that view of the matter, the income if considered at Rs.16,500/-, the same would meet ends of justice and as per the doctor’s evidence, the disability is considered at 18%. In that view of the matter, the compensation awarded by the Tribunal requires re- consideration, which is as under: - 5 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain and Suffering 75,000-00 75,000-00 2. Loss of income during laid-up period and rest period 30,000-00 30,000-00 3. Medical expenses 4,34,349-00 4,34,349-00 4. Attendant, Nourishment and Conveyance Charges 10,000-00 10,000-00 5. Loss of future income due to disability 3,51,000-00 4,63,320-00 (16,500x12x13x18%) 6. Loss of Amenities 30,000-00 30,000-00 7. Future medication Nil - TOTAL 9,30,349-00 10,42,669-00 7. Accordingly, the claimant is entitled for reassessed compensation of Rs.10,42,669/-, as against Rs.9,30,349/- as awarded by the Tribunal, which shall carry interest @ 6% per annum from the date of petition till realization. 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER i) The appeal is disposed of. - 6 - HC-KAR CNR: KAHC010657662023 NC: 2026:KHC:42077 MFA No. 8268 of 2023 ii) The judgment and award dated 10.08.2023 in MVC.No.5983/2022 passed by the III Additional Judge and Member, Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (SCCH-18) is modified and reassessed at Rs.10,42,669/-; iii) The respondent No.2/Insurer to deposit the entire enhanced compensation along with interest at the rate of 6% per annum from the date of petition till realization, within a period of six weeks from the date of receipt of copy of this order; iv) On deposit, entire amount shall be released in favour of the claimant, on proper identification. Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 5