- 1 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9563/2018 (MV-I) BETWEEN: SRI. RANGAPPA S/O THIMMANNA AGED ABOUT 67 YEARS R/O BHADIHALLI AT POST TARIKERE TALUK PRESENTLY R/OF NO.107, MIF-I K.H.B. COLONY, JYOTHINAGAR POST CHIKMAGALURU-577102. …APPELLANT (BY SMT. NITHYA H.J. ADV., FOR SRI. RAVIKUMAR N.R. ADV.,) AND: 1. SRI. RATHNAGIRI ALIAS RATHNAKARA S.G. S/O LATE GADIGAPPA AGED ABOUT 50 YEARS R/OF SOLLAPURA AT POST TARIKERE TALUK-577228. 2. ESHARAPPA S/O RANGAPPA AGED ABOUT 42 YEARS R/OF. GADIRANGAPURA SHIVANI, R.S.POST TARIKERE TALUK-577228. 3. THE MANAGER Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 NATIONAL INSURANCE COMPANY LIMITED DIVISIONAL OFFICE SHIMOGA-577201. …RESPONDENTS (BY SRI. K. SRIDHARA, ADV., FOR R3 R1 & R2 SERVICE OF NOTICE IS D/W V/C/O/ DATED 09.04.2025) - - - THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23/03/2018, PASSED IN MVC NO.530/2016, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKAMAGALURU, 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 VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured claimant challenging the judgment and award dated 23.03.2018 passed in MVC No.530/2016 by the II Additional Senior Civil Judge and the Motor Accident Claims Tribunal, Chikkamagaluru (for short, ‘Tribunal’). 2. Smt.Nithya H.J., learned counsel appearing for Sri.Ravikumar N.R., learned counsel for the appellant submits that the Tribunal has awarded a meagre compensation under - 3 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 the heads of pain and suffering, loss of amenities, miscellaneous expenses and loss of income during the laid up period. It is contended that the appellant sustained fracture of both right tibia and fibula and was provided treatment as an inpatient and outpatient for nearly 4 months. Hence, she seeks to enhance the compensation awarded by the Tribunal appropriately by allowing the appeal. 3. Sri.K.Sridhara, learned counsel for the respondent No.3 supports the impugned judgment and award of the Tribunal and submits that the compensation awarded by the Tribunal is just and proper and does not call for any interference. Hence, he seeks to dismiss the appeal. 4. I have heard the arguments of learned counsel for the appellant, learned counsel for the respondent No.3 and meticulously perused the material available on record. 5. It is to be noticed that the claimant, in order to prove the claim, he deposed himself before the Tribunal as PW- 1 and got marked Exs.P1 to P34. The discharge summary at Ex.P6 and other medical evidence on record indicates the - 4 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 claimant was provided treatment at Sahyadri Narayana Multispecialty Hospital, Shivamogga, and the oral and documentary evidence indicate that the claimant sustained type II open fracture of both bones of right tibia and fibula at distal 1/3rd. Admittedly, the claimant has neither examined the doctor nor produced the disability certificate to prove the disability. The income of the claimant is not proved before the Tribunal. Hence, his income is notionally re-assessed at Rs.9,500/- p.m. placing reliance on the notional income chart prepared by Karnataka State Legal Services Authority. 6. Considering the oral and documentary evidence, the nature of injuries and fractures suffered by the claimant, I am of the considered view that the compensation awarded by the Tribunal is meagre and the same is required to be re-assessed appropriately. Hence, it is re-assessed as under: HEADS AMOUNT (in Rs.) Pain and suffering 50,000 Medical expenses 24,342 Loss of income during laid up period (9,500 x 3) 28,500 Loss of amenities 50,000 Food, nourishment, attendant charges and conveyance 25,000 Total 1,77,842 - 5 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.1,77,842/- as against Rs.67,142/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 23.03.2018 passed by the Tribunal in MVC No.530/2016 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.1,77,842/- as against Rs.67,142/- awarded by the Tribunal. c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization excluding the interest for the delayed period of 137 days as per the order dated 30.06.2025. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued - 6 - HC-KAR NC: 2026:KHC:21716 M.F.A. No.9563/2018 interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. Draw the modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV List No.: 1 Sl No.: 22