- 1 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4352/2020 (MV-I) BETWEEN: BHARATH B.C. S/O CHANDRU B.E. AGED ABOUT 24 YEARS R/AT BALLUPETE AMBEDKAR NAGAR VILLAGE BELAGODU HOBLI SAKALESHPUR TALUK HASSAN DISTRICT-573102. NOW R/AT C/O NIRVANAIAH KARJUVALLI VILLAGE PALYA HOBLI, ALUR TALUK HASSAN DISTRICT-573 201. &APPELLANT (BY SRI. NINGARAJA M.N. ADV.,) AND: 1. IMRAN H.B. S/O BUDENSAB AGED ABOUT 43 YEARS R/AT. CHINNALLI VILLAGE K. HOSAKOTE HOBLI ALUR TALUK HASSAN DISTRICT-573102. 2. THE BRANCH MANAGER THE NATIONAL INSURANCE CO.LTD. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 HASSAN BRANCH SREE MANJUNATHESHWARA COMPLEX BUS STAND ROAD HASSAN-573201. &RESPONDENTS (BY SMT. MANJULA N. TEJASWI, ADV., FOR R2 V/O/DTD:27.03.2023 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.08.2019 IN MVC NO.1697/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND ADDITIONAL MACT, HASSAN, 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 02.08.2019 passed in MVC.No.1697/2017 by the II Additional District & Sessions Judge & Additional MACT, Hassan, (for short, 8Tribunal9). 2. Though this appeal is listed for orders, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 3. Sri.Ningaraja M.N., learned counsel for the appellant submits that the Tribunal has failed to assess the income of the injured correctly as the injured was doing timber business and used to earn more than Rs.20,000/- per month. It is submitted that as per the wound certificate at Ex.P-6, three injuries are grievous injuries and other injuries are simple in nature. However, the disability assessed by the Tribunal at 10% is on the lower side. It is further submitted that no compensation is awarded under the head of loss of amenities and the award of compensation under all other heads is also on the lower side. Hence, he seeks to enhance the compensation appropriately by allowing the appeal. 4. Smt.Manjula N.Tejaswi, learned counsel for the respondent-Insurance Company supports the judgment and award of the Tribunal and submits that the appellant has failed to produce any evidence before the Tribunal regarding the income, hence the Tribunal has rightly - 4 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 assessed the income of the injured at Rs.6,000/- per month. It is submitted that the Tribunal, taking note of the nature of injuries suffered and the fractures, it has assessed the disability at 10%, which is proper, and the award of compensation under all other heads is also as per the evidence on record, thus, there is no scope to enhance the compensation. Hence, she seeks to dismiss the appeal. 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record including the Tribunal records. 6. The parties to the proceeding do not dispute that the appellant met with a road accident on 24.07.2017 and sustained fracture of tibia left and fracture of fibula left and deep laceration wound left foot with tendon injury and abrasion back, which is evident from the wound certificate as per Ex.P6. In order to prove the claim, the injured-claimant examined himself as PW1 and also examined Dr.Abdul Basheer as PW2 and got marked the - 5 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 documents as per Exs.P1 to P13. The respondent did not adduce any evidence. It is to be noticed that the appellant was in-patient in the hospital for a period of 7 days and undergone surgery. Considering the said aspect, the Tribunal has rightly assessed the disability of the injured- claimant at 10%. Hence, the same is unaltered. 7. Insofar as income of the injured-claimant is concerned, admittedly, the claimant has failed to produce any acceptable evidence before the Tribunal to prove the income, in the absence of the same, the income of the appellant-claimant is re-assessed notionally at Rs.11,000/- per month placing reliance on the notional income chart prepared by the KSLSA. The appellant was aged about 19 years as on the date of accident, the appropriate multiplier would be 18, which has been rightly considered by the Tribunal. Hence, the appellant is entitled to compensation under the head of loss of future earning due to disability as under: Rs.11,000 X 12 X 18 X 10% = Rs.2,37,600/-. - 6 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 8. It is evident from the records that the appellant-claimant was admitted at Janapriya Hospital, Hassan on 24.07.2017 and discharged on 30.07.2017 and incurred substantial amount and suffered during the treatment period and post discharge. Considering these aspects, I am of the considered view that the compensation under other heads is also required to be re- determined appropriately. Hence, the appellant 9. Hence, the appellant would be entitled to compensation of Rs.33,000/- (Rs.11,000 X 3) towards the loss of income during laid-up period; Rs.20,000/- towards food, nourishment and conveyance charges; and Rs.40,000/- towards loss of amenities. The compensation awarded by the Tribunal towards pain and suffering, medical expenses and future medical expenses is unaltered. Thus, the appellant would be entitled to modified compensation as under: - 7 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.4,45,000/- as against Rs.3,43,000/- awarded by the Tribunal. 10. 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.4,45,000/- as HEADS AMOUNT (in Rs.) Pain & suffering 50,000 Medical expenses 49,330 Loss of income during laid-up period (Rs.11000 x 3) 33,000 Loss of future earning capacity due to disability 2,37,600 Future medical expenses 15,000 Food, nourishment and conveyance charges 20,000 Loss of amenities 40,000 Total 4,44,930 Rounded off to 4,45,000 - 8 - HC-KAR NC: 2026:KHC:15799 M.F.A. No.4352/2020 against Rs.3,43,000/- awarded by the Tribunal. 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. 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) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 2 Sl No.: 3