- 1 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 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. 8040 OF 2019 (MV-I) BETWEEN: SALEEM PASHA W/O AKRAM PASHA AGED ABOUT 23 YEARS R/AT BHARATH NAGARA NEAR SATHAGALLI DEPOT, MYSURU NOW R/AT C/O NAGARAJU, NERALAKERE, S.R. PATNA TALUK MANDYA DISTRICT. &APPELLANT (BY SRI. GIRISH S, ADVOCATE FOR SRI. MANJUNATH N.D, ADVOCATE) AND: 1. THIMMEGOWDA H S/O HONNAGIRIGOWDA AGED ABOUT MAJOR R/AT NO. 944/1177, MYSURU ROAD, NEAR VIJAYA BANK, NES EXTENSION, MALAVALLI TOWN, MANDYA DISTRICT. 2. THE DIVISIONAL MANAGER THE NEW INDIA ASSURANCE CO. LTD., CHAMUNDIPURAM, MYSURU. &RESPONDENTS (BY SRI. B.R. VENKATESH KAMATH, ADVOCATE FOR R2; VIDE ORDER DATED 03.02.2023, NOTICE TO R1 DISPENSED WITH) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.06.2019 PASSED IN MVC NO.904/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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 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 01.06.2019 passed in MVC No.904/2018 by the Court of Additional Senior Civil Judge, M.A.C.T., Srirangapatna (for short, 8Tribunal9). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. 3. Heard Sri.Girish S. for Sri. Manjunath N.D., learned counsel for the appellant and Sri.B.R.Venkatesh Kamath, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 4. Learned counsel appearing for the appellant submits that that the Tribunal has committed grave error in assessing the income and disability by ignoring the fact that the injured was doing Granite Nozing work and used to earn at least Rs.20,000/- per month. It is submitted that PW.2 has assessed the disability at 61.1%. However, the Tribunal without any reason reduced it to 20% and awarded meager compensation. Hence, he seeks to allow the appeal. 5. Per contra, learned counsel for respondent No.2 who supports the impugned judgment and award of the Tribunal submits that the disability is rightly assessed by the Tribunal taking note of the fact that the appellant has fully recovered and he has not undergone any surgery after the injuries. Considering the said fact, the 20% disability is assessed and awarded just compensation and there is no scope for enhancement. Hence, he seeks to dismiss appeal. - 4 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 6. It is to be noticed that the appellant met with a road accident on 10.06.2018. It is averred that he was doing granite nozing work and used to earn Rs.20,000/- per month. However, no evidence is placed before the Tribunal with regard to the said assertion. Hence, his income is notionally re-assessed at Rs.12,500/- per month placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. It is to be noticed that PW.2 has deposed before the Tribunal with regard to the disability and he has clearly stated that the appellant has sustained disability to the extent of 61.1%. It is to be noticed that the same doctor examined the injured after so many days of discharge from the hospital. Exhibit.P6 wound certificate indicates the following injuries: i) Multiple grazed Abrasion over right elbow and right pelvic region. ii) Small heorhagic contusion in right temporal parietal diffuse cerebral odema. - 5 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 7. Considering the oral evidence of PW.2, Exhibit. P6-wound certificate and other medical evidence on record, it is to be noticed that the appellant has suffered mild memory impairment and sustained head injuries. PW.2 has stated that he has followed prescribed manual to evaluate the disability and come to a conclusion. Considering the oral evidence of PW.2 and nature of injuries suffered, I am of the considered view that interest of justice would be met, if the disability is assessed at 25% to the whole body. 8. Having re-assessed the income, disability and taking note of the fact that the appellant was inpatient for a period of 9 days in the hospital, initially he was provided treatment at NIMHANS Hospital, Bengaluru and thereafter, K.R.Hospital, Mysuru, compensation on all other heads are required to be re-assessed appropriately and accordingly, the same is re-assessed as under: - 6 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 9. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.9,45,495/- as against Rs.5,00,995/- awarded by the Tribunal. 10. 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 01.06.2019 passed by the Tribunal in M.V.C.No.904/2018 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.9,45,495/- as against Rs.5,00,995/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 50,000.00 Medical bills 1,07,995.00 Loss of income during laid up period (Rs.12,500 x 3 months) 37,500.00 Loss of future income due to disability (Rs.12,500 x 12 x 18 x 25%) 6,75,000.00 Loss of amenities 50,000.00 Food, nourishment, conveyance and attendant charges 25,000.00 Total 9,45,495.00 - 7 - HC-KAR NC: 2026:KHC:21425 MFA No. 8040 of 2019 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. f) Registry shall transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 10