- 1 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 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.7423/2018 (MV-I) BETWEEN: SRI. MAHESHA S/O CHANDRAHASA @ PAPANNA AGED ABOUT 25 YEARS R/AT KANDEGALA VILLAGE MALAVALLI TALUK MANDYA DISTRICT. &APPELLANT (BY SMT. ANUSHA, ADV., FOR SMT. SUGUNA R. REDDY, ADV.,) AND: 1. SRI. SUBBEGOWDA .D S/O JAVARAYI GOWDA MAJOR IN AGE R/AT KANDEGALA VILLAGE MALAVALLI TQ MANDYA DISTRICT. 2. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD BRANCH OFFICE, V.V. ROAD MANDYA. &RESPONDENTS (BY SRI. A.N. KRISHNASWAMY, ADV., FOR R2 R1 SERVED AND UNREPRESENTED) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29/01/2016, PASSED IN MVC NO.1447/2014, ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, MALAVALLI, 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 injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 29.01.2016 passed in MVC.No.1447/2014 by the Senior Civil Judge and MACT, Malavalli, (for short, 8Tribunal9). 2. Smt.Anusha, learned counsel for Smt.Suguna R.Reddy, learned counsel for the appellant submits that this appeal is filed seeking for higher compensation mainly on the ground that the assessment of the income as well as the disability by the Tribunal is on the lower side. It is contented that the Tribunal has not awarded any compensation under the head of loss of income during the - 3 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 laid up period and loss of amenities. It is also contented that the award of compensation by the Tribunal under other heads is also on the lower side, hence, seeks to allow the appeal. 3. Sri.A.N.Krishnaswamy, learned counsel for the respondent-Insurance Company defends the judgment and award of the Tribunal and submits that no proof of income is produced. It is submitted that the Tribunal considering the doctor's evidence has rightly assessed the disability and awarded with just compensation and there is no scope for enhancement, hence, seeks to dismiss the appeal. 4. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record. 5. It is to be noticed that the appellant met with a road accident on 28.09.2014 and sustained fracture of right leg tibia and fibula and got operated on 04.10.2014, got inserted rod, plate and screws and he was discharged - 4 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 from the hospital on 08.10.2014 with an advice for follow- up treatment. The appellant-injured examined himself as PW1 and examined Dr.Sujana Teja J.S., as CW1 and got marked Exs.P1 to P42. The perusal of the oral evidence of the appellant-claimant indicates that he has failed to produce any evidence with regard to the income. Hence his income is notionally re-assessed at Rs.8,500/- placing reliance on the notional income chart prepared by the KSLSA. The evidence of CW1 Doctor indicates that he has assessed the disability to the extent of 28.4% to the right leg. Considering the said aspect and taking note of the injuries suffered and treatment provided, the disability of the appellant-injured is re-assessed at 10% to the whole body. Hence, the appellant is entitled to compensation under the head of loss of future income due to disability as under: Rs.8,500 X 12 X 18 X 10% = Rs.1,83,600/-. - 5 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 6. Admittedly, the Tribunal has not awarded any compensation under the head of loss of amenities and loss of income during the laid up period, I am of the considered view that the appellant is entitled to compensation under the aforesaid heads and the compensation under other heads is also required to be re-assessed appropriately. 7. Hence, the appellant would be entitled to compensation of Rs.35,000/- towards pain & suffering; Rs.15,000/- towards food, nourishment, conveyance and attendant charges; Rs.35,000/- towards loss of amenities in life. The appellant would be entitled to Rs.25,500/- (Rs.8,500 X 3) towards the loss of income during laid-up period. The compensation awarded by the Tribunal towards medical expenses and future medical expenses is unaltered. 8. Thus, the appellant would be entitled to modified compensation as under: - 6 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,49,100/- as against Rs.2,11,640/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) Appeal is allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to a total compensation of Rs.3,49,100/- as against Rs.2,11,640/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 35,000 Medical expenses 45,000 Food, nourishment, conveyance and attendant charges 15,000 Future medical expenses 10,000 Loss of future income due to disability 1,83,600 Loss of amenities 35,000 Loss of income during laid up period 25,500 Total 3,49,100 - 7 - HC-KAR NC: 2026:KHC:21634 M.F.A. No.7423/2018 c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment excluding the interest for the delayed period of 861 days as per the order dated 01.08.2022. d) The 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 certified copy of this judgment. e) The entire compensation amount shall be released in favour of the appellant- claimant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 17