- 1 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE T.M.NADAF MISCELLANEOUS FIRST APPEAL NO.3633 OF 2023(MV-I) BETWEEN: SRI. SHANKAR L., S/O LINGE GOWDA, AGED ABOUT 43 YEARS, R/AT DODDAIAHNA KERE, KALLAHALLI POST, KASABA HOBLI, KANAKAPURA TALUK AND TOWN, RAMANAGARA DISTRICT - 562 117. …APPELLANT (BY SMT. NITHYA ABHILASH, ADVOCATE FOR SRI. PRAKASH M H., ADVOCATE) AND: 1. UNIVERSAL SOMPO GEN. INS. CO. LTD., NO.217/A, 3RD FLOOR, KVV SAMRAT, 3RD MAIN ROAD, OUTER RING ROAD, KASTURI NAGARA, BANGALORE - 560 043. REP BY ITS MANAGER. 2. SRI. SHREYAS R., S/O RAMESH N., AGE MAJOR, R/AT NO.6/B, APPAJI THOTA, ELEKERI, ELEKERO ROAD, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 CHANNAPATNA TOWN AND TALUK RAMANAGARA DISTRICT - 562 117. …RESPONDENTS (BY SRI. D. VIJAYAKUMAR., ADVOCATE FOR R1, VIDE ORDER DATED 19.01.2024 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:07.01.2023 PASSED IN MVC NO.2925/2020 ON THE FILE OF THE C/C XXII ADDITIONAL SCJ AND ACMM, MEMBER, MACT, BENGALURU SCCH-24, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION, SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT This appeal by the claimant seeking for enhancement of compensation arising out of judgment and award dated 07.01.2023 in MVC.No.2925/2020 passed by the Motor Accident Claims Tribunal, at Bengaluru (SCCH-24) C/c - 3 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 XXII Additional Senior Civil Judge and ACMM, Member- MACT1. 2. The parties are referred to as per the ranking before the Tribunal. 3. Facts germane to file this present appeal are as under: 3.1 In an accident occurred on 13.08.2020 at about 04.00 p.m., the claimant due to the actionable rash and negligent driving of car- Swift Dzire bearing Registration No.KA-02-AF-6945, by its driver suffered fracture of tibia plateau and underwent surgery. He was an in-patient for 3 days and suffered disability. 4. The Tribunal on the petition filed under Section 166 of the Motor Vehicles Act, 1988, has awarded a total compensation of Rs.3,73,400/- along with interest at the rate of 6% per annum, considering the income of the claimant at Rs.14,500/- for the accident of the year 2020 1 "Tribunal" for short - 4 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 and taking 8% disability to the whole body. It is this judgment and award is called in question in this appeal. 5. Heard Madam Nithya Abhilash, learned counsel for Sri.Prakash M.H, learned counsel for appellant and Sri.D.Vijaya Kumar, learned counsel for respondent No.1- Insurer. Vide order dated 19.01.2024, notice of this appeal on respondent No.2 is dispensed with. 6. Madam Nithya Abhilash, with all vehemance submits that the claimant has produced document to show i.e., the Sericulture passbook, Sericulture bid receipts in support of his earnings, however, the Tribunal has failed to consider the same. In that view of the matter the appropriate income may be taken in respect of the year in which the accident occurred. She further submits that the compensation awarded under all the heads, except medical expenses and future medical expenses are very meager and requires reconsideration. - 5 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 7. Refuting the submissions of Madam Nithya Abhilash, Sri.D.Vijaya Kumar, with all vehemence submits that the Tribunal in the absence of proof of income considered the income of Rs.14,500 and appropriately taken 8% disability and awarded appropriate compensation and submits that there is no scope for enhancement under any heads and sought to dismiss the appeal. 8. Having considered the rival submission, this Court perused the entire appeal paper. 9. What transpired from the records is that the claimant was doing Sericulture and he has produced documents and also supported the said document with his oral evidence, particularly Exs.P16, 17 and 18 i.e., Sericulture passbook, Sericulture Bid receipts and Union Bank Passbook. In that view of the matter, the Tribunal committed an error in considering the income fixed under the chart prepared by the Karnataka State Legal Services - 6 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 Authority for the year 2020 at Rs.14,500/- in respect of an unskilled labour. A person who was doing sericulture work actively cannot be equated with that of an unskilled labour. Therefore, this Court is of the opinion that if Rs.600/- per day is considered as income of the claimant as on the date of accident, the same would come to Rs.18,000/- per month and the same is considered for the purpose of assessment of loss of future income due to disability. The disability which is stated by the doctor has been properly considered by the Tribunal and the same requires no interference. 10. Further a perusal of compensation awarded under other heads, except medical expenses, future medical expenses and attendant, conveyance, food and nourishment charges requires reconsideration. 11. Accordingly, this Court proceeds to reassess the compensation awarded by the Tribunal which is as under: - 7 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 Sl. No. Heads Compensation awarded by the Tribunal In Rs. By this Court In Rs. 1. Pain & suffering 50,000-00 50,000-00 2. Medical expenses 59,988-00 59,988-00 3. Loss of income during laid up period 14,500-00 54,000-00 (18,000x3) 4. Loss of future income 1,94,880-00 2,41,920-00 (18,000x12x14x8%) 5. Loss of future amenities and happiness 17,000-00 50,000-00 6. Attendant, conveyance, food & nourishment charges 17,000-00 17,000-00 7. Future medical expenses 20,000-00 20,000-00 TOTAL 3,73,368-00 4,92,908-00 12. Accordingly, the claimant is entitled for enhanced compensation of Rs.1,19,540/- (Rs.4,92,908 - 3,73,368) rounded off to Rs.1,20,000/- which shall carry interest at the rate of 6% per annum from the date of petition till realization. 13. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The judgment and award dated 07.01.2023 passed by the Tribunal in - 8 - HC-KAR CNR: KAHC010269142023 NC: 2026:KHC:46162 MFA No. 3633 of 2023 MVC.No.2925/2020 is modified and enhanced to Rs.1,20,000/- which shall carry interest at the rate of 6% per annum from date of petition till realization. (iii) Respondent No.1-Insurer shall deposit the entire enhanced compensation along with interest at the rate of 6% per annum stated supra within six weeks from the date of receipt of copy of this order, before the concerned Tribunal. (v) Upon deposit, the entire amount shall be released in favour of appellant/claimant on proper identification. (vi) No order as to costs. Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 7 ct-vn