- 1 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 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.9562/2018 (MV-I) BETWEEN: SRI. MANJUNATH S/O SHAMBUGOWDA AGED ABOUT 38 YEARS R/O KELAGALALE VILLAGE MALLIPATTNA HOBLI ARAKALGUD TALUK HASSAN DISTRICT-573102. …APPELLANT (BY SMT. NITHYA H.J. ADV., FOR SRI. RAVIKUMAR N.R. ADV.,) AND: 1. SRI. DINESHA S/O MANJASHETTY AGED MAJOR R/AT DOOR NO.115, SALAGAME SALAGAME POST, SALAGAME HOBLI HASSAN TALUK & DISTRICT-573201. 2. THE MANAGER ORIENTAL INSURANCE COMPANY LTD., BRANCH OFFICE DIVISIONAL OFFICE S.S. COMPLEX, SUBASH SQUARE HASSAN TALUK & DISTRICT-573201. …RESPONDENTS (BY SRI. S.Y. SHIVALLI, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W V.C.O. DTD:09.04.2025) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25/08/2016, PASSED IN MVC NO.69/2015, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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 claimant injured challenging the judgment and award dated 25.08.2016 passed in M.V.C.No.69/2015 by the Senior Civil Judge and Motor Accident Claims Tribunal, Arkalgud (for short, ‘the Tribunal’). 2. Smt.Nithya H.J., learned counsel appearing for Sri.Ravikumar N.R., learned counsel for the appellant submits that the Tribunal has committed a grave error in awarding a meager compensation of Rs.97,000/- to the claimant. It is submitted that the Tribunal has not - 3 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 awarded any compensation under the head of loss of amenities and awarded a meager compensation under heads of food, conveyance charges and attendant charges by ignoring the oral evidence of the injured and other documentary evidence on record. Hence, she seeks to enhance the compensation awarded by the Tribunal appropriately by allowing the appeal. 3. Per contra, Sri.S.Y.Shivalli, learned counsel for respondent No.2 supports the impugned judgment and award of the Tribunal and submits that the claimant has failed to prove the disability. Hence, considering the oral and documentary evidence, the Tribunal was fully justified in awarding the just compensation to the claimant and there is no scope for any enhancement. 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.2 and meticulously perused the material available on record. - 4 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 5. It is to be noticed that the claimant met with a road accident on 21.01.2013 and sustained injuries as evident from Ex.P7-wound certificate. The wound certificate indicates that injury Nos.1 and 4 are grievous in nature and the claimant was inpatient in the hospital for a period of 12 days. The medical evidence on record indicates that the claimant sustained injury on left haemopneumothorax, right pneumothorax and abrasions over the left foot and left wrist joint. The income of the claimant is not proved before the Tribunal. Hence, his income is notionally re-assessed at Rs.8,000/- p.m. placing reliance on the notional income chart prepared by Karnataka State Legal Services Authority. 6. Considering the injuries suffered by the claimant and the evidence of CW-1, I am of the considered view that the compensation awarded by the Tribunal is required to be enhanced appropriately. Hence, the same is re-assessed as under: - 5 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 HEADS AMOUNT (in Rs.) Pain and suffering 60,000 Medical expenses 30,000 Food, nourishment, attendant charges and conveyance 20,000 Loss of income during laid up period (8000 x 3) 24,000 Loss of amenities 60,000 Total 1,94,000 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.1,94,000/- as against Rs.97,000/- 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 25.08.2016 passed by the Tribunal in M.V.C.No.69/2015 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.1,94,000/- as against Rs.97,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:21715 M.F.A. No.9562/2018 c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued 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.: 21