- 1 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 1894 OF 2025 (MV-I) BETWEEN: RAJU M M S/O MANJABOYI AGED ABOUT 28 YEARS R/O-MARITHIMMANAHALLI VILLAGE DODDAMAGGE HOBLI ARAKALAGUD TALUK HASSAN DISTRICT-573 102. …APPELLANT (BY SRI SANCHAN JAI NANDAN, ADVOCATE) AND: 1. DILIP BUILDCON LTD. PLOT No. 5, INSIDE GOVIND NARAYAN SINGH GATE CHUNA BHATTI KOLAR ROAD, BHOPAL BHOPAL DISTRICT MADHYA PRADESH STATE – 4620 16. 2. THE MANAGER, NATIONAL INSURANCE CO. LTD., REPRESENTED BY Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 NATIONAL INSURANCE CO. LTD., MANJUNATHA COMPLEX HASSAN-573 201. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N AN, ADVOCATE FOR SRI C SHANKAR REDDY, ADVOCATE FOR R2 V/O DTD. 12.11.2025, NOTICE TO R1 D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:03.04.2021 PASSED IN MVC No.274/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 03.04.2021 passed in MVC No. 274/2019 by the Senior Civil Judge and Member, MACT, Arakalagud. 2. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained - 3 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 by him in a road traffic accident that occurred on 06.07.2017 due to the rash and negligent driving by the driver of tipper lorry bearing registration No. KA-09-C- 1675. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: 1 Pain, shock and agony Rs.25,000.00 2 Medical expenses Rs.99,900.00 3 Food, diet, attendant, nourishment, conveyance and other incidental expenses Rs.20,000.00 4 Loss of income during treatment period Rs.24,000.00 5 Loss of future income due to permanent disability Rs.1,55,520.00 6 Disappointment, discomfort and loss of amenities Rs.10,000.00 Total Rs.3,34,420.00 3. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant - 4 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 seeking enhancement of the compensation awarded, has filed the present appeal. 4. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer. 5. Learned counsel for appellant would contend that claimant had suffered facial injuries and fracture of alveolar process of mandibular symphysis with displacement of fracture fragment along with teeth injury. Considering the same, the compensation awarded by the Tribunal towards `pain and suffering' and `loss of amenities' is on lower side. The Doctor who has examined the claimant has assessed the disability and stated that claimant is having 27% disability to the head and the Tribunal has taken 1/3rd of the same at 9% to the whole body and it is on lower side. The Tribunal has taken the notional income of the claimant at Rs.8,000/-. As the accident has taken place in the year 2017 notional income fixed by the Karnataka State Legal Services Authority for - 5 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 the year 2017 is Rs.11,000/- and the said income is to be taken as against Rs.8,000/- taken by the Tribunal. With this he prayed to allow the appeal. 6. Learned counsel for respondent No.2 – Insurer would contend that the compensation awarded by the Tribunal under all heads is just and proper and there are no grounds for enhancement of the compensation. 7. Having heard learned counsel for the parties, this Court has perused the judgment and award. 8. The accident occurred on 06.07.2017 and as on the date of accident the claimant was aged 25 years. Notional income fixed for the year 2017 is Rs.11,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority and the said income is to be taken as against Rs.8,000/- taken by the Tribunal. Considering the injuries sustained by the claimant on his face, the Doctor – P.W.2 has assessed the disability at 27% in relation to a particular part, i.e., head. Considering - 6 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 the same, the Tribunal has taken 1/3rd of the same at 9% as disability to the whole body. The Tribunal has rightly applied multiplier of 18 since the claimant was aged 25 years as on the date of accident. Therefore, loss of dependency is calculated as under: 11,000 X 12 X 18 X 9% = Rs.2,13,840/- 9. Claimant had sustained the following injuries: i. Swelling of lower lip and chin ii. Sutured wound of 3 x 2 cms over below lower lip iii. Fracture of alveolar process of mandibular symphysis with displacement of fracture fragment along with teeth injury 10. Considering the above said injuries, disability suffered and injuries on the face, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.25,000/- requires to be enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.10,000/- requires to be - 7 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 enhanced to Rs.50,000/-. The Tribunal has rightly awarded medical expenses and attendant charges, conveyance, food and nourishment. 11. The Tribunal has awarded loss of income during laid up period for 3 months. Since income now taken is Rs.11,000/- claimant is entitled to loss of income during laid up period in a sum of Rs.33,000/- (Rs.11,000 X 3 months). 12. In view of the above, claimant is entitled to total compensation under various heads as under: 1 Future income Rs.2,13,840.00 2 Pain and suffering Rs.50,000.00 3 Loss of amenities Rs.50,000.00 4 Medical expenses Rs.99,900.00 5 Food, attendant, nourishment and conveyance charges Rs.20,000.00 6 Loss of income during laid up period Rs.33,000.00 Total Rs.4,46,740.00 - 8 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 13. Considering the above aspects claimant is entitled to total compensation of Rs.4,46,740/- with interest as against Rs.3,34,420/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.1,32,320/-. Claimant is not entitled to interest for the delay period of 1018 days in filing the appeal as per the order dated 12.11.2025 passed on I.A. No. 1/2025. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 14. In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.1,32,320/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Appellant – Claimant is not entitled to interest for the delay period of 1018 days. - 9 - HC-KAR CNR: KAHC010176092025 NC: 2026:KHC:45766 MFA No. 1894 of 2025 d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. e) Appellant - claimant is entitled to release of entire enhanced compensation. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 15 Ct.sm