- 1 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 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. 4428 OF 2019 (MV-I) BETWEEN: K. HITHESHWARA @ K. HITHESHWAR, S/O E. KUMARASWAMY, AGED 26 YEARS, R/AT KADAVIGERE VILLAGE, KALLAMBELLA HOBLI, SIRA GATE, SIRA TALUK, TUMAKURU CITY. &APPELLANT (BY SRI. KIRANKUMAR, ADVOCATE) AND: 1. SWAMY R.S, S/O LATE RAMALINGAIAH AGED ABOUT 33 YEARS, R/AT VEDAGANGA NILAYA, PANDURANGANAGAR, TUMAKURU CITY. PERMANENT R/AT: MELEHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK. 2. THE BRANCH MANAGER IFFCO TOKIO GENERAL INSURANCE CO., LTD., Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 BRANCH OFFICE: MBAV MANSION, 1ST FLOOR, 3RD CROSS, ABOVE UCO BANK, GENERAL KARIYAPPA ROAD, M.G.ROAD, TUMAKURU CITY. &RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; VIDE ORDER DATED 30.10.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.01.2019 PASSED IN MVC NO.621/2018 ON THE FILE OF THE II ADDITIONAL JUDGE & MACT, TUMAKURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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 claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 02.01.2019 passed in MVC No.621/2018 by the Court of II Additional District Judge & MACT at Tumakuru (for short, 8Tribunal9). - 3 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 2. Heard Sri. Kirankumar, learned counsel for the appellant and Sri. B.Pradeep, learned counsel for respondent No.2. 3. The appellant met with a road accident on 18.02.2018 and the said accident occurred due to the actionable negligence of respondent No.1 and respondent No.2 is liable to pay the loss and damage suffered to the appellant. It is to be noticed that the appellant was hospitalized and provided treatment as an inpatient at Hemavathi Orthopedic and Trauma Center, Tumakuru and he was inpatient for a period of 7 days. It is averred that the appellant was painter and plumber by avocation and he used to earn Rs.25,000/- per month. It is contended that PW.2 has assessed the disability of the whole body at 12%. However, the Tribunal incorrectly assessed the disability at 10%. It is submitted that the assessment of disability on all other heads are required to be assessed appropriately. - 4 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 4. The aforesaid narrated facts are not in dispute between the parties. It is to be noticed that the appellant has failed to produce the proof of income before the Tribunal. Hence, his income is required to be assessed notionally at Rs.12,500/- placing reliance on the notional income chart prepared by the Karnataka State Legal Services Authority. PW2-doctor, considering the nature of treatment provided and injury suffered, has assessed the disability at 12% as the appellant sustained fracture to left leg and undergone surgery. Considering the said aspect, taking note of oral testimony of PW.2 and other medical evidence on record, it would be appropriate to assess the disability at 12%. 5. Having re-assessed the income, disability and taking note of the treatment provided, the compensation on all other heads are required to be enhanced appropriately by considering the oral and documentary - 5 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 evidence and accordingly, the same is re-assessed as under: 6. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.5,77,952/- as against Rs.3,54,250/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. HEADS AMOUNT (in Rs.) Pain & suffering 45,000.00 Medical bills 66,452.00 Food, nourishment, conveyance and attendant charges 30,000.00 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 12%) 3,24,000.00 Loss of amenities 45,000.00 Future medical expenses 30,000.00 Total 5,77,952.00 - 6 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 b) The impugned judgment and award dated 02.01.2019 passed by the Tribunal in M.V.C.No.621/2018 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.5,77,952/- as against Rs.3,54,250/- awarded by the Tribunal. 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. - 7 - HC-KAR NC: 2026:KHC:21414 MFA No. 4428 of 2019 f) Draw modified award accordingly. Sri. B. Pradeep, learned counsel is permitted to file vakalath within 3 weeks. Sd/- (VIJAYKUMAR A. PATIL) JUDGE KA List No.: 1 Sl No.: 2