- 1 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 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. 9795 OF 2018 (MV-I) BETWEEN: THIPPESWAMY S/O GEJJIGE HANUMANTHAPPA, AGED ABOUT 33 YEARS, BUSINESSMAN, R/O BANDRAVI VILLAGE, MOLKALMURU TALUK, CHITRADURGA DISTRICT-577 535. …APPELLANT (BY SRI R SHASHIDHARA, ADVOCATE) AND: 1. MOHAMMED NOORULLA, S/O ABDUL JABBAR T, AGED ABOUT 42 YEARS, DRIVER OF S.B.M.S. BUS BEARING NO.KA-16/B-1345, R/O CHELAGUDDA VILLAGE, CHITRADURGA DISTRICT-577 501. 2. C.AKKI REDDY, PROP OF BASAVESHWARA MOTOR SERVICES, Digitally signed by AASEEFA PARVEEN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 2ND CROSS, V.P.EXTENSION, CHITRADURGA. ANOTHER ADDRESS: SRI.SHARADA COMPLEX, 1ST FLOOR, OPP: KSRTC BUS STAND, P.B.ROAD, CHITRADURGA-577 501. 3. THE DIVISIONAL MANAGER, M/S ORIENTAL INSURANCE CO LTD, CHITRADURGA-577 501. …RESPONDENTS (BY SRI B.S UMESH, ADVOCATE FOR R-3; V/O DATED 26.07.2023, NOTICE TO R-1 DISPENSED WITH; V/O DATED 04.07.2024, NOTICE TO R-2 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.04.2018 PASSED IN MVC NO.539/2017 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE, AND ADDITIONAL MACT-IV, CHITRADURGA, 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 - 3 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 ORAL JUDGMENT This appeal is filed by the injured/claimant challenging the judgment and award dated 04.04.2018 passed in MVC No.539/2017 by the I Additional Senior Civil Judge and Additional Motor Accident Claims Tribunal- IV, Chitradurga (hereinafter referred to as the 'Tribunal'). 2. Heard Sri.R.Shashidhara, learned counsel for the appellant and Sri.B.S.Umesh, learned counsel appearing for respondent No.3-insurance company. 3. The injured/claimant filed this appeal seeking enhancement of the compensation for the injuries suffered by him in a road accident dated 03.08.2016. It is not in dispute between the parties that respondent No.3 - Insurance company is liable to pay the compensation. 4 In order to prove the claim, the appellant examined himself as PW.1 and examined Dr.Ambarish as PW.2 and got marked Ex.P1 to Ex.P13. - 4 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 5. The Tribunal considering the oral and documentary evidence awarded total compensation of Rs.3,94,739/- with interest at the rate of 6% per annum. It is to be noticed that the appellant sustained injuries to his right ankle, middle of left leg, fracture of right calcanium, fracture of lower 1/3rd of left leg both bones and two legs. PW.2 who has deposed before the Tribunal that the injured was provided treatment at VIMS Hospital, Bellary and thereafter at Venkat Kamineni Hospital, Bellary. The appellant was inpatient for a period of 8 days and as per PW.2, disability would be 30% to the right lower limb and 20% to the left lower limb. Considering the said evidence, the Tribunal assessed the disability at 15% by assessing the income at Rs.6,000/- per month. 6. Admittedly, the appellant has not raised any evidence with regard to the income. Hence, his income is notionally assessed at Rs.9,500/- by placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. - 5 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 7. Taking note of the oral evidence of PW.2 and other documentary evidence on record, I am of the view that it would be appropriate to assess 17% disability for the purpose of determination of compensation. Having re- assessed the income and disability, the compensation on other heads is also required to be re-assessed appropriately by considering the evidence on record. Hence, the compensation is re-assessed as under: Sl. No Description Amount 1 Loss of future earnings (Rs.9,500X12X16X17%) Rs.3,10,080 2 Medical expenses Rs.1,00,819 3 Food, attendant charges and conveyance charges Rs.25,000 4 Pain and sufferings Rs.45,000 5 Loss of amenities Rs.40,000 6 Loss of income during laid up period (Rs.9,500X3) Rs.28,500 Total Rs.5,49,399 - 6 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 8. In the result, I proceed to pass the following: ORDER (i) Appeal is allowed in part. (ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to total compensation of Rs.5,49,399/- as against Rs.3,94,739/- awarded by the Tribunal. (iii) The compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit. (iv) Respondent No.3-insurance company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of 6(six) weeks from the date of receipt of certified copy of this judgment. (v) Insofar as deposit and release of compensation is concerned, the award of the Tribunal is unaltered. - 7 - HC-KAR NC: 2026:KHC:21026 MFA No. 9795 of 2018 (vi) Registry to transmit the records forthwith to the Tribunal. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE NS CT:BR List No.: 1 Sl No.: 4