- 1 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.90 OF 2024 (MV-I) BETWEEN: MR. ANNAPPA C S/O CHOWDAPPA AGED ABOUT 50 YEARS, R/O GADUGANAHALLI VILLAGE, AJJAMPURA TALUK, CHIKKAMAGALURU DISTRICT – 577 547 …APPELLANT (BY SMT.B.N.MANJULA FOR SRI R.C.NAGARAJA, ADVOCATES) AND: 1. MR. SRINIVASAPPA K S/O KARIYAPPA, AGE : 49 YEARS, R/O GANGASAMUDRA VILLAGE, CHANNAGIRI TALUK, DAVANAGERE DISTRICT – 577213 2. MR. T M GANESHAN S/O T M MARAPPA GOUNDER MAJOR, PROPRIETOR :VIJAYALAKSHMI TRANSPORT, ADIVALA, HIRIYUR TALUK CHITRADURGA DISTRICT – 572143 3. THE NEW INDIA ASSURANCE CO. LTD., VIJAYASHREE, DAVANAGERE ROAD, Digitally signed by MALATESH K C Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 CHITRADURGA REP. BY ITS BRANCH MANAGER – 577501 …RESPONDENTS (BY SMT.MANJULA N. TEJASWI, ADVOCATE FOR R3; R1 AND R2 SERVED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.12.2022 PASSED IN MVC No.220/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND PRL. JMFC, TARIKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant/injured claimant under Section 173(1) of Motor Vehicles Act, 1988, challenging the judgment and award dated 21.12.2022, passed in MVC No.220/2021 by the Senior Civil Judge and MACT., Tarikere for enhancing the compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.3. Respondent Nos.1 and 2 are served. - 3 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 3. The petitioner/injured claimant aged 48 years met with an accident on 26.01.2020. He was working as a driver and filed a claim petition claiming compensation of Rs.50,00,000/-. The Tribunal considering the entire evidence on record, granted Rs.7,67,553/- with interest at the rate of 6% per annum from date of petition till deposit of the award amount. Aggrieved by the said order, this appeal is filed. 4. The Tribunal granted lesser amount under the other heads. He was doing driving work and earning Rs.30,000/- per month and thus, requested for enhancement of the compensation. 5. Learned counsel for respondent No.3 submits that the doctor observed that there is physical impairment and assessed the disability as 70%. The Tribunal rightly considered the petitioner/claimant injured has only mild Neurophysiological and physical disability only to an extent of 20% to his whole body and it needs no interference. 6. Learned counsel further submitted that petitioner is working as a driver. It is not the case of the claimant that he - 4 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 has surrendered the driving licence and he is not in a position to drive at any point of time. The Tribunal rightly considered all the aspects and granted reasonable amount which needs no interference. 7. Though petitioner stated that he was earning Rs.30,000/- per month, he has not filed any income proof. He met with an accident on 26.01.2020. As per the guidelines of Karnataka State Legal Services Authority, his notional income is to be taken as Rs.14,500/- per month. The age of the petitioner was taken as 45 years basing on Ex.P6 - wound certificate. 8. Petitioner/claimant injured sustained the following injuries as per Ex.P6 and Ex.P12: “1. Head injury, 2. Left FTP SAH, contusion in frontal lobes, 3. Temporal lobe and left occipital lobe, and 4. Left tentorium SDH which are grievous in Nature” - 5 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 9. Petitioner examined Dr. Sathvik as C.W.1, who issued disability certificate under Ex.C5. Doctor in his evidence has stated as follows: “The petitioner was admitted to Nanjappa Hospital on 26.01.2020 at 10.00 p.m., on the history of RTA. The petitioner has sustained sutured wound over right parieto occipital region and other parts of the body…..He has examined the petitioner once again on 26.06.2022 for the purpose of assessing his disability and to that effect he has issued disability certificate dated 30.06.2022 which is produced under Ex.C.5. In Ex.C.5 disability certificate, it is stated that the petitioner is having mind intellectual disability.” 10. C.W.1 is a consultant neurosurgeon and he examined the petitioner and found the aforesaid injuries and gave the findings and finally observed that there is physical disability to the whole body at 70% which is permanent in nature. 11. Learned counsel for the petitioner contended as the disability is more, future prospects is to be added. 12. Admittedly Dr. Sathvik stated that petitioner was admitted in Nanjappa Hospital on 26.01.2020 at 10.00 p.m., - 6 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 and he sustained sutured wound over right parietal occipital region and other parts of the body. He was treated conservatively and discharged. 13. The doctor examined the petitioner again on 26.06.2022 for the purpose of assessing the disability and issued Ex.C5. Admittedly, he is a neurosurgeon and he assessed the neurological condition of the petitioner after considering the entire medical evidence on record. 14. The doctor has assessed several factors. In one factor he stated mild to moderate. The Tribunal has stated that petitioner himself gave evidence and he answered all the majority of the questions in the cross-examination. But at the time of speaking and answering the questions he was shivering. It was further observed that doctor has not stated that there is no chance of recovery and it would affect his work or profession. Therefore this Court finds it reasonable to take the disability as 30% and he is also entitled for future prospects at the rate of 25%. So the loss of future earning capacity comes to Rs.9,13,500/- (Rs.14,500x12x14x30+25%). He was hospitalized for a period of 21 days. Tribunal granted - 7 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 Rs.1,35,353/- towards medical expenses as per the relevant records and it is confirmed. This Court finds it reasonable to grant an amount of Rs.75,000/- for pain and suffering, Rs.30,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The Tribunal granted loss of income during laid up period as Rs.45,000/- and it is confirmed. 15. Thus in all, compensation awarded by this Court is as below, Particulars Amount in Rs. Loss of future income 9,13,500.00 Medical expenses 1,35,353.00 Pain and suffering 75,000.00 Loss of amenities 30,000.00 Transportation, extra nourishment and attendant charges 30,000.00 Loss of income during laid down period 45,000.00 Total 12,28,853.00 - 8 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 16. Hence, the appellant-claimant is entitled for a total enhanced compensation of Rs.12,28,853/- along with interest at the rate of 6% per annum. 8. In the result, the following order is passed: ORDER i. The appeal is allowed in part. ii. The judgment and award dated 21.12.2022 passed in MVC No.220/2021, by the Senior Civil Judge & MACT, Tarikere, is modified; iii. The claimant is entitled to a sum of Rs.12,28,853/- along with interest at 6% p.a., instead of Rs.7,67,553/- granted by the Tribunal, from the date of petition till the date of deposit of award amount. iv. Respondent No.3 – Insurance company is directed to deposit the amount within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:2298 MFA No. 90 of 2024 v. On such deposit, petitioner/injured claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE MR