- 1 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 8118 OF 2023 (MV-I) BETWEEN: 1. PRAJWAL R, S/O RAGHAVENDRA, AGED ABOUT 21 YEARS, R/A NAGAVALLI VILLAGE, CHANDAKAVADI HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT PIN 571313. …APPELLANT (BY SRI. SANATH KUMARA K M.,ADVOCATE) AND: 1. SHRI MAHADEVASWAMY S/O SHRI MALLANNA, AGE MAJOR, R/A AYYANAPURA VILLAGE, NAGAVALLI POST, CHAMARAJANAGAR TALUK AND DISTRICT - 571313. 2. THE DIVISIONAL MANAGER THE HDFC ERGO GENERAL INSURANCE CO LTD., 2ND FLOOR, MYSORE TRADE CENTRE, OPP: KSRTC BUS STAND, B N ROAD, MYSORE - 570001 …RESPONDENTS (V/O DTD:30.07.2026, NOTICE TO R1 D/W) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.04.2023 PASSED IN MVC NO. 160/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHAMARAJANAGARA, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT This appeal is filed by the claimant seeking enhancement of compensation awarded in judgment and award dated 05.04.2023 passed in MVC No.160/2021 by the learned Additional Senior Civil Judge and M. A. C. T. Chamarajanagar. 2. Even though the appeal is listed today for orders/admission, it is taken up for disposal with the consent of learned counsel for appellant and learned counsel for respondent No.2/Insurer. 3. The appellant/claimant made a claim petition praying to award compensation for the injuries sustained - 3 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 by him in a road traffic accident occurred on 23.04.2021 contending that the accident occurred due to the rash and negligent driving of the driver of Tata Ace Goods vehicle bearing Regn. No.KA-10-3962. 4. The Tribunal, after recording evidence of the parties, appreciating the evidence on record, assessed the compensation and awarded compensation under various heads as under: 1 Pain and sufferings Rs. 40,000.00 2 Medical expenses Rs. 45,030.00 3 Loss of income during laid up period Rs. 45,000.00 4 Loss of future income Rs.6,48,000.00 5 Towards food, nourishment and attendant charges Rs. 7,000.00 6 Loss of future amenities and happiness Rs. 40,000.00 Total Rs,.8,25,030.00 5. The Tribunal has also awarded interest at the rate of 6% p.a. from the date of petition till realization and directed the respondent No.2/Insurer to deposit the award amount with interest. - 4 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 6. The claimant seeking enhancement of the compensation has filed the present appeal. 7. Heard the learned counsel for appellant and learned counsel for respondent No.2/Insurer. 8. The learned counsel for appellant/claimant would contend that the claimant has sustained head injury and CW1/doctor has stated that CT head showed EDH in left fronto-temporal convexity; adjacent hemorrhagic foci pneumocephalus and SAH; left holo hemispheric edema; communited and depressed fractures of left frontal bone and fractures of other multiple bones of the skull. PW1 has assessed the intellectual impairment to an extent of 40% and ataxia to an extent of 5% and total disability to an extent of 45% to the whole body. He submits that in spite of the said evidence of the doctor, the Tribunal has erred in taking the disability at 20%. Even the disability is taken at 20%, the Tribunal has not taken into consideration future prospects. The claimant was pursuing his arts - 5 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 graduation and he is a state level sportsman. Due to the injury to his head, he cannot pursue all those activities. He further submits that considering the injuries sustained, the compensation awarded for pain and suffering, loss of amenities are on the lower side. With this, he prayed to allow the appeal. 9. Learned counsel for respond No.2 would contend that the claimant himself gave evidence and faced cross-examination itself indicates that there is no such disability to the extent as stated by the doctor. Considering the same, the Tribunal has taken the disability at 20%. The compensation awarded under all the heads is just and proper and there are no grounds for enhancement. 10. Having heard the learned counsels, the Court has perused the judgment and award. 11. The accident occurred on 23.04.2021 and as on the date of accident, the claimant/injured was aged 19 - 6 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 years. It is stated that the claimant was studying first year B. A. and also a sportsman and doing part-time work earning Rs.15,000/- per month. Ex.P4/wound certificate indicates that the claimant has sustained the following injuries: a) Multiple lacerated wounds over the left side of the face and on the left knee. b) Lacerated wound over the left clavicle region 06 cms x 2 cms x 1 cm in size. c) Lacerated wound over the left parietal region of the scalp 09 cms x 02 cms x 3 cms in size. d) Bleeding through ear, periorbital ordema on left side. 12. CW-1 is a neurosurgeon and has assessed the disability sustained by the claimant. He has stated that the claimant has intellectual impairment to an extent of 40% and ataxia to an extent of 5% and total disability to the whole body is to an extent of 45%. Considering the age of the claimant as 19 years, pursuing first year BA and that he was a sportsman. The disability to the whole body is to be taken at 35% as against 20% taken by the Tribunal. - 7 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 The Tribunal has not taken into consideration future prospects. Considering the fact that the claimant has sustained 35% disability and is aged 19 years, future prospects are required to be taken at 40%. The Tribunal has rightly taken the notional income at Rs.15,000/- and applied the multiplier of 18. 13. In view of the above, the claimant is entitled to loss of future income as under: Rs.15,000/- + 6,000/- (40%) = Rs.21,000 x 12 x 18 x 35% = Rs.15,87,600/- 14. Considering the injuries sustained by the claimant noted supra, the compensation awarded for the pain and suffering in a sum of Rs.40,000/- requires to be enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.40,000/- requires to be enhanced to Rs.60,000/-. The Tribunal has rightly awarded medical expenses, loss of income during laid up period and attendant and conveyance charges etc. - 8 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 15. In view of the above, the claimant is entitled to total compensation under various heads as under: Loss of future income Rs.15,87,600.00 Pain and suffering Rs. 1,00,000.00 Loss of amenities Rs. 60,000.00 Medical expenses Rs. 45,030.00 Loss of income during laid up period Rs. 45,000.00 Attendant, conveyance charges and etc. Rs. 7,000.00 Total Rs.18,44,630.00 16. The claimant is entitled to total compensation of Rs.18,44,630/- as against Rs.8,25,000/- as awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.10,19,630/- with interest at the rate of 6% per annum from the date of petition till realization. The respondent No.2/Insurer is liable to pay the said enhanced compensation with interest. In view of the above, the following: ORDER i) The appeal is allowed in part. - 9 - HC-KAR CNR: KAHC010643222023 NC: 2026:KHC:39784 MFA No. 8118 of 2023 ii) The appellant/claimant is entitled to enhanced compensation of Rs.10,19,630/- with interest at the rate of 6% per annum from the date of petition till realization. iii) The respondent No.2/Insurer shall deposit the enhanced compensation before the Tribunal within a period of six weeks from this day. iv) The claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE BKM List No.: 1 Sl No.: 11