- 1 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 6529 OF 2025 (MV-I) BETWEEN: SRI. SHIVAKUMAR N. S/O NAGARAJ N AGED ABOUT 36 YEARS OCC: AQUAGUARD SALES AND SERVICE R/O 3RD MAIN 8TH CROS YALLAMMA NAGAR DAVENGERE. …APPELLANT (BY SMT. SUMITHRA G M AND SMT. SARITHA KULKARNI, ADVOCATES) AND: 1. M.P. NAGARAJ S/O PARAMESHWARAPPA M.S AGED ABOUT 49 YEARS OWNER OF THE OMINI VAN R/O MUTTUGADURU VILLAGE HOLALKERE TALUK CHITRADURGA DISTRICT-577 526. 2. N.U. SHIVAMARTHAPPA AGED ABOUT 53 YEARS R/O MUTTUGADURU, HOLALKERE TALUK CHITRADURGA DISTRICT-577 526. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 3. THE MANAGER RELIANCE GENERAL INSURANCE COMPANY LIMITED, S.M. TOWER, 2ND FLOOR 11TH MAIN ROAD, 3RD BLOCK JAYANAGARA, BENGALURU-560 041. …RESPONDENTS (BY SRI H C BETSUR, ADVOCATE FOR R3 V/O DTD. 12.03.2026, NOTICE TO R1 & R2 ARE D/W) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:01.07.2025 PASSED IN MVC No.281/2025 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V DAVANAGERE, 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 SHIVASHANKAR AMARANNAVAR ORAL JUDGMENT 1. This appeal is filed by the claimant seeking enhancement of compensation awarded in the judgment and award dated 01.07.2025 passed in MVC No. 281/2022 by the I Additional Senior Civil Judge and Additional MACT- V, Davanagere. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 3 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 2. Even though the appeal is listed for `Admission’ today, with the consent of the learned counsel appearing for appellant – claimant and learned counsel appearing for respondent No. 3 – Insurer it is taken up for disposal. 3. Appellant – claimant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident that occurred on 03.02.2022 due to the rash and negligent driving by the driver of Omni Van bearing registration No. KA-16-N- 0451. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Loss of Future Income on account of permanent Disability Rs.2,97,600-00 Pain and suffering 50,000-00 Loss of income during laid up period 20,000-00 Loss of amenities 20,000-00 Attendant charges, diet, nourishment and conveyance 20,000-00 Medical expenses 3,01,277-00 TOTAL 7,08,877-00 4. The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 4 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 realization and directed respondent No. 3 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal. 5. Heard learned counsel for appellant – claimant and learned counsel for respondent No. 3 – Insurer. 6. The accident occurred on 03.02.2022 and as on the date of accident appellant was aged 33 years. The Tribunal, considering the evidence of P.W.2 – Doctor, has rightly taken the disability to the whole body at 10% which is 1/3rd of the disability to the right lower limb, notional income at Rs.15,500/- per month, applied multiplier `16’. Therefore, the compensation awarded by the Tribunal towards `loss of income due to disability’ is just and proper. 7. Claimant had sustained the following injuries: a. Right distal thigh Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 5 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 b. Open wound with underlying bone exposed with bone loss over right distal thigh c. Tenderness present over distal third of right thigh d. Crepitus present over distal third of right thigh e. Abnormal mobility present over distal third of right thigh f. Range of movements restricted and painful at right hip and knee joint 8. Considering the said injuries, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.50,000/- is enhanced to Rs.80,000/- and compensation awarded towards loss of amenities in a sum of Rs.20,000/- is enhanced to Rs.50,000/-. 9. Considering the injuries sustained, claimant had to take rest for at-least 3 months. Therefore, claimant is entitled to loss of income during laid up period in a sum of Rs.46,500/- (Rs.15,500 X 3 months) as against Rs.20,000/- awarded by the Tribunal. Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 6 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 10. Claimant was admitted in the hospital for 67 days. Considering the same claimant is entitled to attendant charges, food and nourishment in a sum of Rs.67,000/- (Rs.1,000 X 67 days) as against Rs.20,000/- awarded by the Tribunal. 11. In view of the above, claimant is entitled to total compensation under various heads as under: Loss of Future Income on account of permanent Disability Rs.2,97,600-00 Pain and suffering 80,000-00 Loss of income during laid up period 46,500-00 Loss of amenities 50,000-00 Attendant charges, diet, nourishment and conveyance 67,000-00 Medical expenses 3,01,277-00 TOTAL 8,42,377-00 12. Considering the above aspects claimant is entitled to total compensation of Rs.8,42,377/- as against Rs.7,08,877/- awarded by the Tribunal with interest. Consequently, claimant is entitled to enhanced compensation of Rs.1,33,500/-. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA - 7 - HC-KAR CNR: KAHC010578532025 NC: 2026:KHC:54571 MFA No. 6529 of 2025 with interest from the date of petition till the date of realization. 13. In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.1,33,500/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Respondent No. 3 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. d) Appellant - claimant is entitled to release of entire enhanced compensation. (SHIVASHANKAR AMARANNAVAR) JUDGE LRS List No.: 2 Sl No.: 42 Ct.sm Digitally Signed By: SHIVASHANKAR BASAPPA AMARANNAVAR JUDGE, HIGH COURT OF KARNATAKA