- 1 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 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. 6468 OF 2019 (MV-I) BETWEEN: SRI. RAGHAVENDRA POOJARY S/O SHEENA POOJARY AGED ABOUT 29 YEARS R/O DODDA BASAVANA KALLU MOODU GILIYARU, NIRONI BETTU GILIYARU VILLAGE, UDUPI TALUK. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI. SURESH NAIK S/O ANNAYYA NAIK AGED ABOUT 26 YEARS R/O MUDURI 76TH HALADI VILLAGE, KUNDAPURA TALUK. 2. THE UNITED INDIA INSURANCE CO.LTD. BRANCH OFFICE:SHRI LAXMI NARASIMHA COMPLEX, OPP. KSRTC DEPOT., NH-66, VODERAHOBLI, KUNDAPURA, REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2; R1 SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.02.2019 PASSED IN MVC NO.3/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 20.02.2019 passed in MVC No.3/2018 by the M.A.C.T., Udupi (Sitting at Kundapura), Kundapura (for short, ‘Tribunal’). 2. Heard Sri. Nagaraj Hegde, learned counsel for the appellant and Sri. Ravish Benni, learned counsel for respondent No.2. 3. It is not in dispute that the appellant met with an accident on 05.02.2017. This appeal is filed on the ground that the Tribunal has committed an error in assessing the income and disability and awarded the meager compensation on all other heads. It is contented that the charge sheet is filed against the rider of the - 3 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 offending vehicle. However, the Tribunal incorrectly recorded the finding with regard to the contributory negligence. 4. Insofar as the finding of contributory negligence is concerned, the Tribunal has appreciated the evidence of PW.1-injured and looked into the charge sheet material, recorded the finding on contributory negligence. The evidence on record indicates that the width of the road was 20 feet and the accident has occurred in the middle of the road. The claimant has deposed that on the right side of the road there was a 15 feet distance. Admittedly, the charge sheet is filed against the rider of the offending vehicle. Taking note of the fact that the injured also ought to have rode his motorbike on his left side of the road, as the accident has occurred in the middle of the road and considering the said aspect, the Tribunal has recorded the finding that the appellant has also contributed to the accident to the extent of 20% and the said finding, in my - 4 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 view is in consonance with the evidence on record and the same does not call for any interference. 5. Insofar as quantum of compensation is concerned, the Tribunal has awarded total compensation Rs.2,55,264/- by considering the income of the injured at Rs.9,000/- and by assessing the disability at 7%. It is to be noticed that PW.2 has deposed that the claimant has suffered 14% disability in respect to the right lower limb and as per Ex.P4 - wound certificate, the appellant has sustained fracture of 4th and 5th Metatarsal right foot, fracture of 4th PPX right foot and extensor tendon injury. 6. Considering the aforesaid injuries and fractures and taking note of the fact that the appellant was provided treatment as an inpatient, I am of the considered view that the assessment of disability by the Tribunal is just and proper, which is in strictly consonance with the evidence of PW.2. Admittedly, the appellant pleaded that he is a Yakshagana artist and used to earn more than Rs.15,000/- per month. However, no cogent and - 5 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 acceptable evidence is placed before the Tribunal. Hence, his income is notionally assessed at Rs.11,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. 7. Having re-assessed the income and taking note of the aforesaid fractures, I am of the considered view that the compensation awarded by the Tribunal on all other heads are required to be enhanced appropriately and the same is re-assessed as under: HEADS AMOUNT (in Rs.) Pain & suffering 50,000.00 Medical expenses 32,244.00 Loss of income during laid up period (Rs.11,000 x 3 months) 33,000.00 Loss of future income due to disability (Rs.11,000 x 12 x 17 x 7%) 1,57,080.00 Loss of amenities 50,000.00 Food, nourishment, conveyance and attendant charges 25,000.00 Total 3,47,324.00 - 6 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 8. Thus, the claimant-appellant shall be entitled to a total compensation of Rs.3,47,324/-. The claimant- appellant would be entitled to 80% of the compensation which would be Rs.2,77,859/- as against Rs.2,55,264/- awarded by the Tribunal. The finding of the Tribunal on contributory negligence is upheld. 9. 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 20.02.2019 passed by the Tribunal in M.V.C.No.3/2018 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.2,77,859/- (i.e., 80% of Rs.3,47,324/-) as against Rs.2,55,264/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:21415 MFA No. 6468 of 2019 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. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 3