HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.2159 OF 2021(MV-I) BETWEEN: MANJUNATHA S/O SUBRAMANYA, AGED ABOUT 29 YEARS, R/AT HASIDE VILLAGE, HALASULIGE POST, SAKLESHPURA TALUK, HASSAN DISTRICT. &APPELLANT (BY SRI. SHRIPAD.V.SHASTRI., ADVOCATE) AND: 1. KUMAR.S.R. S/O RANGEGOWDA, SHANKARANAHALLI VILLAGE, KATTAYA HOBLI, HASSAN DISTRICT. 2. RAJASHEKHAR REDDY T NO.37/6, PARVATHI NILAYA, GAJENDRA NAGARA, NEW TIMBER YARD LAYOUT, MUNESHWARA BLOCK, BENGALURU - 560 052. 3. MANAGER, TATA AIG GENERAL INSURANCE CO. LTD., MYSORE BRANCH, MYSORE POST AND DISTRICT. &RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R3; NOTICE TO R1 & R2-DISPENSED WITH V/O/DTD:15.02.2024) HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 2 THIS MFA FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DTD.16.01.2020 PASSED IN MVC NO.401/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, SAKALESHPUR, 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal seeks to challenge the Judgment and Award dated 16.01.2020 in M.V.C.No.401/2015 passed by the learned Senior Civil Judge and MACT, Sakaleshpur (hereinafter referred to as the 8Impugned Award9). By the Impugned Award, the learned Tribunal has awarded Rs.1,94,922/- to the appellant/claimant with interest at 9% per annum from the date of petition till its realisation. 2. This appeal has been filed by the appellant/claimant seeking an enhancement of the amounts awarded. Heard the learned counsel for the appellant/claimant and the HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 3 learned counsel for respondent No.3/Insurance Company. Notice to respondent Nos.1 and 2 has been dispensed with, by order dated 15.02.2024. 3. The brief facts that are relevant in the case are that the appellant/claimant was driving his auto rikshaw bearing Registration No.KA-46-3918 on 28.09.2014 when a Maruthi Swift VDI car bearing Registration No.KA-41-M- 8295 being driven in a rash and negligent manner, collided with the auto rikshaw. As result of the collision, the appellant/claimant sustained grievous injuries to his left leg, chest and multiple injuries to other parts of his body. The appellant/claimant contended that he had spent amounts on his treatment and that he had taken treatment as an out-patient based on which he filed a claim before the Tribunal. The respondent Nos.1 and 2 being the owner/driver of the offending vehicle, did not appear before the learned Tribunal and were proceeded exparte. The appeal was contested only by respondent No.3/Insurance Company. HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 4 4. Based on the pleadings between the parties, the following Issues were framed by the Learned Tribunal: <ISSUES 1. Whether the petitioner proves that he sustained injuries in the accident which was occurred on 28.09.2014 at about 5.00 p.m. near Padmaraja9s land ink Arehalli Road, Sakaleshpura Town, due to rash and negligent driving of the Car bearing No.KA-41-M-8295 by its driver? 2. Whether the petitioner is entitled for compensation? If so, to what amount? And from whom? 3. What award or order?= 5. The appellant/claimant got himself examined as PW.1 and examined his Doctor as PW.2 and also marked 31 documents as Exhibits P.1 to P.31. The respondents however did not lead any evidence. 6. Based on the evidence and the pleadings of the parties, the learned Tribunal found that the disability assessed by the Doctor was at 22% and assessed the functional disability of the whole body at 8%. Given that the petitioner was 26 years old, multiplier of 8179 was used HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 5 and the learned Tribunal calculated loss of future income at Rs.97,920/-. The learned Tribunal also gave compensation for pain and suffering, actual medical expenses, conveyance, loss of income during treatment period and loss of income due to permanent disability, in the following amounts: Sl.No. Heads of Compensation Amount (Rs.) 1 Towards Pain & Sufferings 25,000-00 2 Medical expenses 46,002-00 3 Conveyance, Attendant charges & food and nourishment expenses: (Rs.1,000/- x 14 days) 14,000-00 4 Loss of income during treatment period 12,000-00 5 Loss of income due to permanent disability 97,920-00 TOTAL 1,94,922-00 6.1 Thus, an amount of ¹1,94,922/- along with interest at 9% per annum was awarded. 7. The challenge in the present appeal by the learned counsel for the appellant/claimant, is on three grounds. Firstly, he submits that the award for loss of income was HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 6 not taken correctly since the accident happened in the year 2014. Secondly, he submits that inadequate amounts have been awarded for pain and suffering given the fact that there were two fractures which had to be fixed by surgery. Lastly, he contends that no amounts have been awarded for loss of amenities. 8. Learned counsel for respondent No.3/Insurance Company, on the other hand contends that the amounts that were awarded for pain and suffering as well as other non-pecuniary heads, is in accordance with law. However, he fairly concedes that the notional income for the year 2014 was Rs.8,500/- and that some amount would be required to be enhanced accordingly. 8.1. The question that arises for consideration before this Court is whether the compensation that has been awarded by the learned Tribunal is in accordance with law. 9. As stated above, so far as concerns the compensation, since the accident took place in the year HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 7 2014, the notional income was to be taken at Rs.8,500/- per month. Accordingly, the loss of income due to permanent disability would be: Head Amount Loss of income due to permanent disability 8500 x 12 x 8% x 17= Rs.1,38,720/- 9.1 The loss of income during treatment period also would get enhanced to Rs.8500 x 3 = Rs.25,500/-. 10. Learned counsel for the appellant/claimant fairly contends that no evidence has been produced for future medical expenses. Thus, no amounts have been granted. However, in view of the settled law, compensation towards loss of amenities is required to be given. In addition, given the fact that the appellant/claimant sustained multiple fractures of his left lower limb and also was hospitalised and had to undergo surgery for his accident, this Court deems it apposite to slightly enhance the amount towards HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 8 pain and suffering. Accordingly, the compensation awarded by the Tribunal is re-assessed as follows: Sl.No. Heads of Compensation Amount (Rs.) 1 Towards Pain & Sufferings 45,000-00 2 Medical expenses 46,002-00 3 Conveyance, Attendant charges & food and nourishment expenses: (Rs.1,000/- x 14 days) 14,000-00 4 Loss of income during treatment period 25,500-00 5 Loss of amenities 30,000-00 6 Loss of income due to permanent disability 1,38,720-00 TOTAL 2,99,222-00 Less: Awarded by Tribunal 1,94,922-00 Enhanced compensation 1,04,300-00 11. Hence, the appellant/claimant is entitled to total compensation of Rs.2,99,222/- along with interest at 9% per annum as awarded by the learned Tribunal from the date of petition till the date of realization. 12. Accordingly, the Court proceeds to pass the following: HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 9 ORDER (i) The appeal is allowed in part; (ii) The Impugned Judgment and Award dated 16.01.2020 in MVC No.401/2015 passed by the learned Senior Civil Judge and MACT, Sakaleshpur, is modified, to the extent that the claimants are entitled to enhanced compensation of Rs.1,04,300/- along with interest at the rate of 9% per annum in addition to Rs.1,94,922/- already awarded by the learned Tribunal. (iii) The remaining portion of the Impugned Award of the learned Tribunal remains undisturbed. (iv) The respondent No.3/Insurance Company shall deposit the enhanced compensation with interest applicable thereon, as awarded by the learned Tribunal, within a period of eight weeks from the date of receipt of a copy of this judgment; HC-KAR NC: 2026:KHC:20734 MFA No. 2159 of 2021 10 (v) On such deposit of compensation, the same shall be released in favour of the appellant/claimant, on filing of an appropriate application by the appellant/claimant for withdrawal of the enhanced amount. (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed to transmit a copy of this judgment to the concerned Tribunal. (viii) No order as to costs. Sd/- (TARA VITASTA GANJU) JUDGE KS List No.: 1 Sl No.: 29 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA