- 1 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 2034 OF 2026 (MV-I) BETWEEN: KRISHNA S/O KHADRINARASIMHIAH AGED ABOUT 34 YEARS. R/AT OLD RESIDENT OF MYLAKABBE VILLAGE, CN HALLI TALUK PRESENT RESIDENT OF NEAR S.R.S. HOUSE SHANTHINAGARA, TUMKURU-577 101. …APPELLANT (BY SRI MALLIKARJUN B RYAKHA, ADVOCATE) AND: 1. SAYED RASOOL S/O SYED IBRAHIM AGED ABOUT 55 YEARS R/AT OLD MELEKOTE ROAD VEERASAGARA TUMAKURU-577 101. 2. THE MANAGER CHOLA, MS. GEN, INSURANCE CO., LTD., OFFICE AT GOLDEN HEIGHTS COMPLEX Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 LEVEL SIX, 9TH FLOOR 9TH C, CROSS, RAJAJINAGARA, BENGALURU - 586 086. …RESPONDENTS (BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 18.3.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:17/10/2025 PASSED IN MVC No.1287/2018 ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE, TUMAKURU PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 17.10.2025 passed in MVC No. 1287/2018 by the II Additional Senior Civil Judge and MACT, Tumakuru. - 3 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 2. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident that occurred on 01.07.2018 due to the rash and negligent driving by the driver of TATA-407 vehicle bearing registration No. KA- 51-7196. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Sl.No. Different heads Amount 1. Compensation towards pain, shock and sufferings Rs.20,000/- 2. Compensation towards loss of amenities Rs.10,000/- 3. Compensation of loss of income during laid up period Rs.6,000/- 4. Compensation towards attendant charges, diet, conveyance etc. Rs.6,000/- 5. Compensation towards medicines and medical expenses Rs.1,49,910/- - 4 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 6. Compensation towards loss of future income Rs.2,24,400/- Total Rs.4,16,310/- 3. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. 4. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 2 – Insurer. 5. The accident occurred on 01.07.2018 and as on the date of the accident claimant was aged 26 years. Considering the same the Tribunal has rightly taken the multiplier `17’. Notional income fixed by the Karnataka State Legal Services Authority for the year 2018 is Rs.12,500/- and the said income is to be taken as against Rs.11,000/- taken by the Tribunal. Considering the evidence of P.W.2 the Tribunal has rightly taken the - 5 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 disability to the whole body at 10%. Considering the said aspects loss of future income is calculated as under: 12,500 X 12 X 17 X 10% = Rs.2,55,000/- 6. Claimant had sustained fracture shaft left femur and considering the same, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.20,000/- is enhanced to Rs.30,000/- and loss of amenities awarded by the Tribunal in a sum of Rs.10,000/- is enhanced to Rs.20,000/-. 7. Occupation of the claimant is stated to be Medical Representative. Considering the said occupation and fracture sustained by the claimant, he had to take rest for atleast 3 months and therefore, claimant is entitled to loss of income during laid up period in a sum of Rs.37,500/- (Rs.12,500 X 3 months) as against Rs.6,000/- awarded by the Tribunal. 8. Claimant was admitted in the hospital for 14 days. Therefore, he is entitled to attendant and - 6 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 conveyance charges in a sum of Rs.14,000/- (Rs.1,000 X 14 days) as against Rs.6,000/- awarded by the Tribunal. 9. The Tribunal has rightly awarded medical expenses based on the documents. 10. In view of the above, claimant is entitled to total compensation under various heads as under: Sl.No. Different heads Amount 1. Compensation towards pain, shock and sufferings Rs.30,000/- 2. Compensation towards loss of amenities Rs.20,000/- 3. Compensation of loss of income during laid up period Rs.37,500/- 4. Compensation towards attendant charges, diet, conveyance etc. Rs.14,000/- 5. Compensation towards medicines and medical expenses Rs.1,49,910/- 6. Compensation towards loss of future income Rs.2,55,000/- Total Rs.5,06,410/- - 7 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 11. Considering the above aspects claimant is entitled to total compensation of Rs. 5,06,410/- as against Rs.4,06,310/- awarded by the Tribunal. Consequently, claimant is entitled to enhanced compensation of Rs.90,100/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest. 12. In view of the above, the following; O R D E R a. Appeal is allowed in part. b. Appellant - claimant is entitled to enhanced compensation of Rs.90,100/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c. Respondent No. 2 – Insurer shall deposit the enhanced compensation amount with interest - 8 - HC-KAR CNR: KAHC010192962026 NC: 2026:KHC:49301 MFA No. 2034 of 2026 before the Tribunal within a period of six weeks from this day. d. Appellant - claimant is entitled to release of entire enhanced compensation amount with interest. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 1 Sl No.: 43 Ct.sm