- 1 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4116/2020 (MV-I) BETWEEN: ZUBED BAIG ALIAS JUBER AGED ABOUT 22 YEARS R/O. AZAD NAGARA CHITRADURGA-577501. &APPELLANT (BY SRI. SPOORTHY HEGDE N, ADV.,) AND: 1. M/S. IFFCO-TOKIO GEN. INS. CO. LTD. BY ITS MANAGER SHARAVATHI NAGARA SHIVAMOGA-577401. 2. SATHISH KUMAR .G S/O GANGANNA K MAJOR, OWNER OF FORCE CRUISER NO.KA-16-D-1728 R/O BEHIND MASJID BURUJANAROPPA, HIRIYUR TQ CHITRADURGA DIST-577598. &RESPONDENTS (BY SRI. D. VIJAYKUMAR, ADV., FOR R1 V/O DTD:02.06.2022 NOTICE TO R2 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 31.10.2019 PASSED IN MVC NO.284/2019 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT-IV, CHITRADURGA, 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 31.10.2019 passed in MVC.No.284/2019 by the I Additional Senior Civil Judge & Additional MACT-IV, Chitradurga, (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.Spoorthy Hegde N., learned counsel for the appellant-injured and Sri.D.Vijaykumar, learned counsel for the respondent No.1-insurance company. - 3 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 4. Learned counsel for the appellant submits that the injured-appellant was working as a taxi driver and at the time of accident he was earning more than Rs.15,000/- per month. However, the Tribunal has erred in assessing the income at Rs.8,000/- per month. It is submitted that the Tribunal has awarded meager compensation under the heads of pain and suffering, loss of amenities, loss of income during laid-up period, which is required to be re-assessed by considering the fact that the appellant was in-patient for a period of 7 days and suffered four injuries and one fracture. Hence, he seeks to allow the appeal. 5. Per contra, learned counsel appearing for the respondent No.1-insurance company opposes the appeal and seeks to sustain the impugned judgment and award of the Tribunal. It is submitted that the appellant has failed to produce any proof of income. Hence, the Tribunal has rightly assessed the income at Rs.8,000/- per month. It is further submitted that the award of compensation by the - 4 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 Tribunal under the heads of food and nourishment, attendant charges, conveyance, is on a higher side and if that is considered, then the award of compensation on the heads of pain and suffering and loss of amenities can be adjusted towards the same. Hence, he seeks to dismiss the appeal. 6. I have heard the arguments of learned counsels appearing on both sides and meticulously perused the material available on record. 7. The only point that would arise for consideration in this appeal is : "Whether the judgment and award passed by the Tribunal calls for any interference?" 8. It is not in dispute that in a road accident that occurred on 01.01.2019, the appellant sustained four simple injuries as is evident from Ex.P7 and a fracture of right knee as per Ex.P11. The said injuries are further certified by PW3, who was examined before the Tribunal. - 5 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 The Tribunal accepted the avocation of the appellant- injured, but assessed the income at Rs.8,000/- per month. It is to be noticed that the appellant has failed to produce any proof of income before the Tribunal. Hence, this Court assesses the income of the appellant notionally at Rs.14,000/- per month placing reliance on the notional of income chart prepared by KSLSA. The appellant was aged about 21 years as on the date of accident, the appropriate multiplier would be 18, which has been rightly considered by the Tribunal. The Tribunal assessed the disability of the injured at 7% by considering the oral and documentary evidence, I do not find any error in assessment of the said disability. It is to be noticed that the appellant was provided treatment at Chitradurga Multi Specialty Hospital and he was in-patient for a period of 7 days. Considering the nature of injuries suffered and treatment provided to the appellant, I am of the considered view that the compensation on other heads are required to be enhanced appropriately. Hence, the - 6 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 appellant is entitled to the compensation under the head of loss of income due to disability as under: Rs.14,000 X 12 X 18 X 7% = Rs.2,11,680/-. 9. The appellant would be entitled to compensation of Rs.40,000/- towards pain and suffering; Rs.30,000/- towards loss of amenities; Rs.42,000/- towards loss of income during laid-up period. The compensation awarded by the Tribunal towards medical expenses, food & nourishment, attendant charges, conveyance and removal of implants remain unaltered. Thus, the appellant would be entitled to the modified compensation as under: HEADS AMOUNT (in Rs.) Loss of future income due to disability 2,11,680 Medical expenditure 40,136 Pain and suffering 40,000 Loss of amenities 30,000 Loss of income during laid up period (Rs.14,000 x3) 42,000 Food and nourishment 10,000 Attendant charges 10,000 - 7 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 Thus, the appellant-claimant shall be entitled to a total compensation of Rs.4,03,816/- as against Rs.2,37,096/- 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.4,03,816/- as against Rs.2,37,096/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per Conveyance 10,000 Removal of implants 10,000 Total 4,03,816 - 8 - HC-KAR NC: 2026:KHC:12872 M.F.A. No.4116/2020 annum from the date of petition till the date of payment. 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 certified copy of this judgment. e) The entire enhanced compensation amount shall be released in favour of the appellant-claimant. f) Registry to transmit the TCR to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR/List No.: 1 Sl No.: 27