- 1 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5347 OF 2020(MV-I) BETWEEN: ESHAPPA @ B. BANAKAR ESHAPPA, S/O NINGAPPA, AGE 27 YEARS, AGRICULTURIST, AT PRESENT NO WORK, R/O DOOR NO.21, KANADAPPARA ONI, JOSHILINGAPURA, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT - 583 131. …APPELLANT (BY SRI. R SHASHIDHARA.,ADVOCATE) AND: 1. JAYANNA T.G., S/O GURAPPA T.P., AGE 30 YEARS, R/O BESIDE ANGANAVADI CENTER, UCHAPPAVADERAHALLI VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT - 577 528. DRIVER CUM OWNER OF HONDA BIKE NO.KA-17/EP-9126. 2. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE CO. LTD., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 DIVISIONAL OFFICE, 2ND FLOOR, M.M.ARCADE, C.G.HOSPITAL ROAD, DAVANAGERE - 577 001. …RESPONDENTS (BY SMT.LATA PRASAD, ADVOCATE FOR R2; R1 IS DISPENSED WITH VIDE ORDER DATED 11.04.2022) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2019 PASSED IN MVC NO.964/2018 ON THE FILE OF THE C/c III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VII M.A.C.T., 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 RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,79,305/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. - 3 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of future income 2,26,800/- 2. Pain and sufferings 40,000/- 3. Loss of amenities 10,000/- 4. Nourishment and conveyance charges 10,000/- 5. Future Medical Expenses 20,000/- 6. Loss of income during laid up period for one month 7,000/- 7. Medical expenses 65,503/- Total 3,79,303/- 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body. - 4 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 5. I have perused the evidence of the Doctors - PW2 and PW3, wound certificate at Ex.P5 and also disability certificates at Exs.P7 and P8. The same depicts that the claimant has suffered following injuries: a) "Comminuted fracture of right frontal bone. b) Comminuted fracture of right maxillary sinus, c) fracture of temporal bone, d) fracture of right zygomatic, and fracture of left radius." 6. The Tribunal has considered evidence of PW2 and PW3, the doctors who have examined the injured and also on perusal of documents at Ex.P7 and Ex.P8, it has assessed the disability of the injured at 15% to the whole body. It has carefully examined the evidence of PW3, the doctor who is an orthopedic surgeon of S.S.I.M.S. and Sparsh Hospital, Davanagere, wherein he has stated that on clinical and radiological examination, he found the following injuries: - 5 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 a) "Secondary osteoarthritis of left wrist with pain restricted movements. b) Tenosynovitis of extensor tendon with pain, crepitus and tenderness over dorsal aspect of left forearm. c) Wasting of forearm muscles on left side. d) Secondary osteoarthritis of distal radio ulnar joint with pain on supination and pronation." Thus, he assessed the permanent disability of the injured for the whole body from 15% to 20%. 7. Further, perusal of evidence of PW2, i.e., Dr. Satyanarayana, who is a Neuro Surgeon of S.S.I.M.S. Hospital, Davanagare, he deposed before the Tribunal that on perusal of the Wound Certificate, Discharge Summary, CT Scan and Manual of Orthopedic Surgery Evaluation, he has assessed his psychological disability at 35%. His evidence was based on Ex.P9 - CT Scan of brain (Plain Study) which reads as under: "IMPRESSION: Old operated case of pos-traumatic IC hemorrhage on follow up, - 6 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 focal gliotic changes in right basi-frontal parenchyma, No intracranial hemorrhage evident." 8. The claimant is an agriculturist. On considering the nature of injuries, disability sustained to the brain i.e., the psychological disability and the physical disability as deposed by the doctors PW2 and PW3, I am of the considered view that the disability assessed by the Tribunal has to be modified to 25% instead of 15%. 9. The Tribunal has determined the monthly income, notionally at Rs.7,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2015, would be Rs.9,000/-. - 7 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 10. As the claimant was aged 25 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.6,80,400/- ((9000+3600(40% of 9000) 12,600 x 12 x 8 x 25%) towards 'loss of future income' treating the laid up period as 3 months. 11. As a consequence, the amount of Rs.7,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.27,000/- (9,000 X3 months). 12. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal. 13. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 8 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 Rs.30,000/- towards 'loss of amenities', as against the sum of Rs.10,000 /- awarded by the Tribunal. 14. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.11,000/- as against the sum of Rs.10,000 /- awarded by the Tribunal. 15. The sum of Rs.65,503/- awarded by the Tribunal towards 'medical expenses', being based on the documentary evidence, is affirmed. 16. The sum of Rs.20,000/- awarded towards 'future medical expenses', being just and proper, is affirmed. 17. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 9 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 40,000/- 50,000/- 2. Loss of future income 2,26,800/- 6,80,400/- 3. Medical expenses 65,503/- 65,503/- 4. Future medical expenses 20,000/- 20,000/- 5. Loss of income during the laid up period 7,000/- 27,000/- 6. Conveyance, food, nourishment, attendant charges 10,000/- 11,000/- 7. Loss of amenities in life 10,000/- 30,000/- Total 3,79,303/- 8,83,903/- 18. Thus, the claimant is held entitled to the total compensation of Rs. 8,83,903/- as against Rs.3,73,303/- to the enhanced amount, along with interest - 10 - HC-KAR CNR: KAHC010382162020 NC: 2026:KHC:39977 MFA No. 5347 of 2020 at the rate of 6% per annum from the date of petition till its realization. 19. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE BSV List No.: 1 Sl No.: 31