- 1 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8525 OF 2016 (MV-I) BETWEEN: BALLAPPA @ BASAVARAJU S/O PUTTARACHA SHETTY, AGED ABOUT 33 YEARS, R/O THILGADACHALLI VILLAGE, B.G.PURA HOBLI, MALAVALLI TALUK, MANDYA DIST-571430. APPELLANT (BY SRI. G M ANANDA.,ADVOCATE) AND: 1. THE MANAGER IFFCO TOKIO GEN.INS.CO.LTD., R/O NO.41, 2ND FLOOR, CRISTU COMPLEX, LAVELLE ROAD, BENGALURU-560001. 2. MALLIKARJUNASWAMY S/O LATE CHIKKANADA SHETTY, R/O NO.81, BILLIJAGALIMOLE VILLAGE, B.G.PURA, HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571430. RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 (BY SRI. E I SANMATHI.,ADVOCATE FOR R1; R2 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.04.2016 PASSED IN MVC NO.512/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND M.A.C.T, MALAVALLI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC,. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Tribunal has passed the common judgment and award dated 21.04.2016 in MVC.Nos.511/2015 and 512/2015 on the file of the learned Senior Civil Judge and MACT, Malavalli. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the common judgment and award dated 21.04.2016 passed in MVC.No.512/2015 by the Tribunal, seeking enhancement of compensation. - 3 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.1/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The injured/claimant met with an accident on 19.03.2015 and filed claim petition claiming compensation of Rs.26,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.6,51,000/- together with interest at the rate of 6% per annum from date of petition till deposit. Being aggrieved by the said order, he preferred an appeal and mainly contended that, he underwent tracheostomy surgery and took treatment as an inpatient for a period of 26 days at JSS Hospital, Mysuru. As per the medical evidence, there is 70% disability to the whole body, but the Tribunal has taken 25%. The amounts granted by the Tribunal on the other heads are lower side. Therefore, request for enhancement of the compensation. 4. During the pendency of the appeal, the petitioner was referred to Medical Board, National Institutive of Mental Health and Neuro Science, Bengaluuru (for short 'NIMHANS) - 4 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 and they sent report dated 13.12.2022 which it is stated as follows: "The Board, after examining the patent and having gone through all available medical records and after discussion during the medical board meetign, opines that Mr.Ballappa has no major Neurocognitive disability but he has 100% (hundred percent) opthalmological disability. So, applying the formula for the total disability calculation, Mr. Ballappa's final disability will 100% (Hundred percentage)." 5. It is stated that petitioner was vegetable vendor and earning Rs.20,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2015, this Court finds that it is just and reasonable to take his notional income as Rs.9,000/- per month as per the charge prepared by Karnataka State Legal Services Authority. He was 30 years and the relevant multiplier is '17'. Ex.P17 is the wound certificate, Ex.P184 is the case sheet and Ex.P185 is the disability certificate. The petitioner also examined doctor - PW3 is a neurosurgeon in JSS Hospital, he stated that petitioner was brought in unconscious state, he had these episodes of vomiting. In GCS showed that the is parenchyma contusion noted in frontal and occipital region with midline shift of 3mm - 5 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 to right. Fracture was noted as right parietal bone and running through lambdoid suture. Repeated CT of head showed hemorrhagic contusion in bilateral frontal region, left temporal region and occipital region. He remained on ventilator and thereafter underwent tracheostomy surgery. He has imbalance in standing and walking, He cannot push any heavier objects. He has difficulty in calculating even simple numbers and counting money. He has poor memory, difficulty in comprehension. He has visual field defect. The petitioner has no major neuro cognitive disability, but he has 100% disability of opthalmological disability. Therefore, as per the citation R. Halle V.s Reliance General Insurance Company Ltd reported in 2026 SCC Online SC 433 and Raj Kumar V.s Ajay Kumar reported in (2011) 1 SCC 343, this Court finds it reasonable to take the disability as 100%. As the disability is more than 20%. He is also entitled for 40% of future prospects as per the case of New India Assurance Company Ltd V.s Abdul Mehaboob Tahsildar in MFA.Nos.103807/2016 C/w 103835/2016. So the loss of future earning capacity comes to Rs.9,000/- + 40% X 12 X 17 X 100% =Rs.25,70,400/-. He was - 6 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 admitted in the hospital for a period of 26 days. Considering the nature of injuries, period of hospitalization and other relevant factors this Court finds it is just and reasonable to grant an amount of Rs.50,000/- towards pain and suffering as against Rs.30,000/-granted by the Tribunal. The Tribunal has not granted any amount towards loss of amenities, considering the nature of injuries and other facts this Court finds it is reasonable to grant an amount of Rs.25,000/- towards loss of amenities. Rs.30,000/- is granted towards food, nourishment, attendant charges and transportation. The Tribunal has already granted Rs.3,05,000/- towards medical expenses and the said amount is confirmed. 6. Thus in all, compensation awarded by this Court is as below: Sl.Nos. Particulars Amount in Rs. 1. Loss of future earning capacity 25,70,400/- 2. Medical expenses 3,05,000/- 3. Pain and suffering 50,000/- 4. Towards loss of amenities 25,000/- 5. Towards transportation, extra nourishment and attendant charges 30,000/- Total 29,80,400/- - 7 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 7. Hence, the appellant-claimant is entitled for a total compensation of Rs.29,80,400/- along with interest at the rate of 6% p.a. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 21.04.2016 in MVC.No.512/2015 on the file of the learned Senior Civil Judge and MACT, Malavalli, is modified. iii. The claimant is entitled to a sum of Rs.29,80,400/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.6,51,000/- granted by the Tribunal. iv. Respondent No.1/Insurance Company has already deposited the award amount before the Tribunal. Therefore, respondent No.1/Insurance Company is directed to deposit the enhanced compensation of Rs.23,29,400/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR CNR: KAHC010482032016 NC: 2026:KHC:46453 MFA No. 8525 of 2016 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PNV List No.: 1 Sl No.: 61