- 1 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.3125/2020 (MV-I) BETWEEN: SRI. NAGARAJ S/O LINGARAJAPPA AGED ABOUT 35 YEARS RESIDING AT HANAJI VILLAGE JADE HOBLI, SORABA TALUK SHIMOGA DISTRICT - 577419. …APPELLANT (BY SRI. HANJER RAGHAVENDRA BASAVARAJ, ADV.,) AND: 1. SRI. JAYAPPA S/O SIDDAPPA AGED ABOUT 40 YEARS RESIDING AT SALAGI VILLAGE JADE POST, SORABA TALUK SHIMOGA - 577419. 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED B H ROAD, SHIMOGA - 577201. …RESPONDENTS (BY SRI. KRISHNA KISHORE, ADV., FOR R2 R1 SERVED AND UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED. 20.11.2019, PASSED IN MVC NO.660/2018, ON THE FILE OF THE SENIOR CIVIL JUDGE AND XIII-AMACT, SORABA, 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 appellant challenging the judgment and award dated 20.11.2019 passed in MVC.No.660/2018 by the MACT, (for short 'the Tribunal'). 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Sri.Hanjer Raghavendra Basavaraj, learned counsel appearing for the appellant submits that the Tribunal has failed to award any compensation under the head of loss of future income due to disability by ignoring - 3 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 the evidence of CW1 and other medical evidence on record. It is submitted that the award of compensation under other heads is also meagre. Hence, he seeks to allow the appeal. 4. Per contra, Sri.Krishna Kishore, learned counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that PW1, in his evidence has produced Ex.P12, a copy of a temporary appointment order, which does not indicate the actual income of the injured. It is submitted that the disability has also not been assessed by the doctor. Hence, the award of compensation by the Tribunal is just and proper and there is no scope for enhancement. Accordingly, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and perused the material available on record. 6. The appellant as well as the respondent/Insurance Company are not in dispute that in - 4 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 a road accident dated 15.03.2017 the appellant sustained an ORIF Tarimalleolar fracture of the right ankle by 1/3rd, as is evident from the oral evidence of CW1 and other medical records available on record. Taking note of the aforesaid injuries and also keeping in mind the fact that the injured underwent surgery on 16.03.2017, during which plate and screws were inserted to his limb, and that he was an inpatient for a period of 6 days, he would be entitled to compensation under the head of loss of future income due to disability. Accordingly, his income is notionally assessed at Rs.11,000/- per month by placing reliance on the notional income chart prepared by the KSLSA and the disability is assessed at 6%. The claimant was aged about 33 years at the time of the accident; hence, the appropriate multiplier would be 16. Having assessed the income and disability of the appellant/claimant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: - 5 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 Rs.11,000 X 12 X 16 X 6% = Rs.1,26,720/-. 7. The Tribunal awarded a sum of Rs.40,200/- towards medical expenses and Rs.20,000/- towards future medical expenses, which is unaltered. However, taking note of the oral and documentary evidence on record, I am of the considered view that the compensation awarded by the Tribunal under other heads is required to be reassessed by appropriately enhancing the same. The appellant is entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Pain & suffering 40,000 Loss of amenities 40,000 Medical expenses 40,200 Loss of income during laid-up period (Rs.11,000 x 3) 33,000 Loss of future income due to disability 1,26,720 Towards conveyance, attendant charges, food and nourishment 20,000 Future medical expenses 20,000 Total 3,19,920 - 6 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 Thus, the appellant-claimant shall be entitled to total compensation of Rs.3,19,920/- as against Rs.95,600/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) 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.3,19,920/- as against Rs.95,600/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. - 7 - HC-KAR NC: 2026:KHC:21372 M.F.A. No.3125/2020 d) 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. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 12