- 1 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL NO. 9 OF 2026 (MV-I) BETWEEN: SRI. MANJUNATH GONDA S/O. SOMAYYA GONDA, AGED ABOUT 37 YEARS, R/AT C/O. RAMESH P., MEKKE, JADKAL POST, BYNDOOR TALUK, UDUPI DISTRICT - 576 214. …APPELLANT (BY SRI. NAGARAJA H.R., ADVOCATE) AND: 1. SRI. NAGAPPA GONDA S/O. MASTI GONDA, AGE MAJOR, R/AT BESE KONAR, BHATKAL TALUK, U.K. DISTRICT - 581 320. 2. TATA AIG GENERAL INSURANCE CO., LTD., BRANCH OFFICE 1ST FLOOR, SUNNY CENTRE, NO.374, NEW KALIDASA ROAD, VIJAYANAGAR 1ST STAGE, MYSURU - 570 017. REP. BY ITS AUTHORIZED OFFICER. …RESPONDENTS (BY SRI. DR. J.S. HALA SHEETI, ADVOCATE FOR R2; VIDE ORDER DATED 06.01.2026, NOTICE TO R1 IS DISPENSED WITH) - 2 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2025 PASSED IN MVC NO.95/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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 This appeal is filed by the claimant seeking enhancement of compensation awarded in the Judgment and Award dated 09.07.2025 passed in MVC No.95/2022 by the Senior Civil Judge and Additional MACT, Kundapura. 2. The appellant/claimant made a claim petition seeking for award of compensation for the injury sustained by him in a road traffic accident occurred on 17.10.2021 contending that the accident occurred due to rash and negligent driving by the rider of motor cycle bearing registration No.KA-47/W-0828. 3. The Tribunal recorded the evidence adduced by the parties and upon appreciating the evidence on record, Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 assessed the compensation and awarded the compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future income due to permanent disability Rs. 3,02,000/- 2. Medical expenses Rs. 1,23,000/- 3. Pain and suffering Rs. 50,000/- 4. Loss of amenities and happiness in life Rs. 10,000/- 5. Loss of earning during laid- off period Rs. 34,000/- 6. Extra nourishment and nutrition Rs. 10,000/- 7. Food, conveyance and attendants charges during treatment Rs. 10,000/- 8. Future medical expenses Rs. 25,000/- Total Rs. 5,64,000/- 4. The Tribunal has also awarded the interest at the rate of 6% per annum from the date of petition till realisation and directed respondent No.2/insurer to pay the compensation awarded. The claimant has filed the present appeal seeking enhancement of compensation. 5. Heard the learned counsel for appellant and learned counsel for respondent No.2/insurer. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 6. The accident occurred on 17.10.2021 and as on the date of accident, the claimant was aged thirty six (36) years. Considering the said age, the Tribunal has rightly applied multiplier '15'. The notional income fixed for the year 2021 is Rs.15,000/- and the said income is to be taken as against Rs.12,000/- taken by the Tribunal. 7. The claimant has sustained the following injuries: a) Fracture of right leg tibia shaft bone b) Soft tissue injury over right ankle c) Head injury-Acute epidural hemorrhage and sub-dural hemorrhage. 8. Considering the said injuries, the compensation awarded towards pain and suffering in a sum of Rs.50,000/- requires to be enhanced to Rs.1,00,000/-, loss of amenities awarded in a sum of Rs.10,000/- requires to be enhanced to Rs.70,000/-. The claimant has been admitted in hospital for eight (08) days and therefore he is entitled to attendant, conveyance, food, nourishment etc. in a sum of Rs.8,000/- (Rs.1,000/- X 08 days) as Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 against Rs.10,000/- awarded towards extra nourishment and nutrition and Rs.10,000/- awarded towards food, conveyance and attendant charges. The claimant has to undergo surgery for removal of implants and therefore he is entitled to future medical expenses of Rs.30,000/- as against Rs.25,000/- awarded by the Tribunal. 9. P.W.2 - Doctor has examined the claimant, assessed his disability and stated that the claimant has sustained 32% disability to the right lower limb and Tribunal has taken the disability at 10%. In cases of disability to the lower limb, 1/3rd of the same is to be taken as disability to the whole body. Therefore, disability is to be taken at 10.66%, which is 1/3rd of 32%. The said disability is rounded off to 11%. Since the disability is less than 20%, the claimant is not entitled to future prospects. In view of the same, loss of future income is calculated as under: Rs.15,000/- X 12 X 15 X 11% = Rs.2,97,000/- Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 10. Considering the injuries sustained, the claimant has to take rest atleast for three (03) months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.45,000/- (Rs.15,000/- X 03 months) as against Rs.34,000/- awarded by the Tribunal. 11. Considering all the above aspects, the claimant is entitled to total compensation under various heads as under: Sl. No. Particulars Amount 1. Loss of future income Rs. 2,97,000/- 2. Food, nourishment, attendant and conveyance charges Rs. 8,000/- 3. Pain and sufferings Rs. 1,00,000/- 4. Loss of amenities Rs. 70,000/- 5. Loss of income during laid up period Rs. 45,000/- 6. Medical expenses Rs. 1,23,000/- 7. Future medical expenses Rs. 30,000/- Total Rs. 6,73,000/- 12. The claimant is entitled to total compensation of Rs.6,73,000/- as against Rs.5,64,000/- awarded by the Tribunal with interest. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 13. Consequently, the claimant is entitled to enhanced compensation of Rs.1,09,000/- (Rs.6,73,000/- - Rs.5,64,000/-) with interest at the rate of 6% per annum from the date of petition till realisation. 14. Respondent No.2/insurer is liable to pay the said enhanced compensation amount with interest. 15. In view of the above, the following: ORDER i) Miscellaneous First Appeal is allowed-in- part. ii) The appellant/claimant is entitled to enhanced compensation of Rs.1,09,000/- with interest at the rate of 6% per annum from the date of petition till realisation. iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 8 - HC-KAR CNR: KAHC010001272026 NC: 2026:KHC:51779 MFA No. 9 of 2026 iv) The appellant/claimant is entitled to release of entire enhanced compensation with interest. (SHIVASHANKAR AMARANNAVAR) JUDGE KLV List No.: 1 Sl No.: 25 Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA