- 1 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 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.9840/2018 (MV-I) BETWEEN: SRI. SAYEED RAFSAN S/O LATE RIZWAN PASHA AGED ABOUT 23 YEARS OCC:FABRICATION R/AT NO.609, 29TH MAIN CORPORATION COLONY JAYANAGARA 9TH BLOCK BENGALURU-560069. &APPELLANT (BY SRI. SURESH M. LATUR, ADV.,) AND: 1. REBECCA MICHAEL NO.25, 7TH MAIN ROAD SHAMANNA GARDNER BENGALURU-560023. 2. MR. SHAIK ADNAN S/O SHAIK NOOR AHMEND NO.237, 8TH MAIN BYRASANDRA, JAYANAGAR BENGALURU-560011. 3. THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.89, 2ND FLOOR, S.V.COMPLEX Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 MADIVALA, KORAMANGALA BENGALURU-68. &RESPONDENTS (BY SRI. B. PRADEEP, ADV., FOR R3 R1 & R2 SERVICE OF NOTICE IS D/W V.C.O. DTD:21.09.2021) - - - THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.07.2018 PASSED IN MVC NO.1725/2017 ON THE FILE OF THE XXI ACMM & XXIII ASCJ, MACT, COURT OF SMALL CAUSES, BENGALURU [SCCH-25], 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 ORAL JUDGMENT This appeal is filed by the injured claimant challenging the judgment and award dated 16.07.2018 passed in M.V.C.No.1725/2017 by the XXI Additional Chief Metropolitan Magistrate and XXIII Additional Small Causes Judge and Motor Accident Claims Tribunal, Bengaluru (SCCH-25) seeking enhancement of compensation (for short, 8Tribunal9). 2. Sri.Suresh M.Latur, learned counsel for the appellant submits that the Tribunal has committed a grave - 3 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 error in assessing the income of the claimant as well as disability by ignoring the oral evidence of the claimant and PW-3. It is submitted that the award of compensation by the Tribunal on all other heads is also meagre as the claimant sustained fractures and was an inpatient in the hospital for a period of 25 days. It is further submitted that the claimant used to do fabrication work and earn more than Rs.15,000/- p.m. However, none of the evidence is considered by the Tribunal. Hence, he seeks to allow the appeal by enhancing the compensation. 3. Per contra, Sri.B.Pradeep, learned counsel for the respondent No.3 supports the impugned judgment and award of the Tribunal and submits that no evidence is placed before the Tribunal with regard to the income and hence, the Tribunal has rightly assessed the income of the claimant. It is submitted that the Tribunal, considering the nature of fractures suffered by the claimant and other medical evidence on record, has rightly assessed the disability and awarded just compensation and there is no - 4 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 scope for 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.3 and meticulously perused the material available on record. 5. It is not disputed that the appellant met with a road accident on 27.08.2016 and he was provided treatment at Sanjay Gandhi Hospital, Bangalore. Later he was shifted to Victoria Hospital, Bangalore, and was treated as an inpatient for a period of 25 days. In order to prove the claim, the petitioner examined himself as PW-1, other two witnesses as PW-2 and PW-3 and got marked Exs.P1 to P17. The respondent examined its official as RW-1 and got marked Exs.R1 and R2. Though the evidence of the injured claimant indicates that he was working as a fabricator, however, no proof of income is produced. Hence, his income is notionally assessed at Rs.9,500 p.m. as per the notional income chart prepared - 5 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 by the Karnataka State Legal Services Authority. The evidence of PW-3 clearly indicates that the appellant has sustained tenderness over right foot knee, crush injury to right foot, exposed muscle tender bone which are grievous in nature. 6. Considering the oral evidence of PW-3 and Ex.P4, I am of the considered view that the Tribunal, without any justifiable reason has assessed the disability at 10% which is required to be re-assessed at 15%. Having re-assessed the income and disability, the compensation on other heads is required to be assessed appropriately by considering the oral and documentary evidence on record. Having satisfied that the Tribunal has awarded a meagre compensation on some of the heads, the compensation is re-assessed as under: HEADS AMOUNT (in Rs.) Pain and suffering 45,000 Medical expenses 14,439 Loss of income during laid up period (9500 x 3) 28,500 Loss of future income due to - 6 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 disability (9500 x 12 x 18 x 15%) 3,07,800 Loss of amenities 40,000 Food, attendant charges and conveyance 25,000 Total 4,60,739 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.4,60,739/- as against Rs.2,83,300/- 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 16.07.2018 passed by the Tribunal in M.V.C.No.1725/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,60,739/- as against Rs.2,83,300/- awarded by the Tribunal. - 7 - HC-KAR NC: 2026:KHC:21714 M.F.A. No.9840/2018 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.: 23