- 1 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2082 OF 2015 (MV-I) BETWEEN: SRI. RAJANNA S/O TAGADEGOWDA, AGED ABOUT 58 YEARS, RESIDINAG AT PALAHALLI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK MANDYA DISTRICT- 571 438. …APPELLANT (BY SRI. DIVAKARA P.S, ADVOCATE) AND: 1. SHETH AHAMED S/O NAZEER AHAMED MAJOR, RESIDING AT NO.9/C, CHAMUNDIVIHAR MYSORE - 570 010. 2. MANAGER, UNITED INDIA INSURANCE COMPANY INDIA, NO.442/3.4, 2ND FLOOR, CHAMARAJA DOUBLE ROAD, NEAR RAMASWAMY CIRCLE, MYSORE - 570 024. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 3. MARISWAMY S/O MARIYAPPA AGED ABOUT 48 YEARS, RESIDING AT PALAHALLI VILLAGE, BELAGOLA HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438. 4. MANAGER, THE UNITED INDIA INUSRANCE CO., LTD., NO.2911, SUNDER ARCADE, OPP SUBURB BUS STAND B.N. ROAD, MYSORE - 570 001. …RESPONDENTS (BY SRI. B.C SEETHARAM RAO, ADVOCATE FOR R2; VIDE ORDER DATED 06.03.2019, NOTICE TO R1 AND R3 IS DISPENSED WITH; VIDE ORDER DATED 05.04.2021, NOTICE TO R4 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.05.2014 PASSED IN MVC NO. 594/2012 ON THE FILE OF THE III ADDITIONAL DISTRICT & SESSIONS JUDGE, MANDYA (SITTING AT SRIRANGAPATNA), 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 - 3 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 ORAL JUDGMENT The Tribunal has passed the common award in M.V.C.No.592/2012 and M.V.C.No.594/2012 dated 29.05.2014 by the III Addl. District & Sessions Judge, Mandya (Sitting at Srirangapatna). But this MFA No.2082/2015 is filed by the claimant against the award of the Tribunal in M.V.C.No.594/2012. 2. The injured claimant met with an accident on 11.11.2010 and filed claim petition claiming compensation of Rs.9,00,000/-. But the Tribunal considering the entire evidence on record has granted an amount of Rs.1,46,400/- with interest at the rate of 6% per annum from date of petition till its realization. 3. Aggrieved by the said award, the petitioner preferred an appeal and mainly contended that the doctor has assessed the disability as 36%. But the Tribunal has taken the same as 6% as whole body disability instead of 12% and the petitioner was working as a driver of the Tractor and Tiller and earning an amount of Rs.9,000/- per - 4 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 month. But the Tribunal has taken Rs.6,000/- per month. The amounts granted under the other heads are also on the lower side and thus requested for enhancement of the compensation. Learned counsel for respondent No.2 contended that the Tribunal has rightly considered the medical evidence as the fractures are united and has taken the disability as 6% and it needs no interference. 4. Though the petitioner stated that he was a driver and earning an amount of Rs.9,000/- per month but he has not filed any income proof. As the petitioner met with an accident in the year 2010, his notional income is to be taken as Rs.5,500/- as per the chart prepared by the Karnataka State Legal Services Authority. As the claimant was aged 60 years as on the date of the accident, the appropriate multiplier applicable is '9'. The claimant has sustained fracture of Tibia and Fibula bones on his right leg. He has examined the doctor as CW.1. The Doctor - CW.1 has assessed the permanent disability as 36% towards particular limb. This Court finds it reasonable to - 5 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 take the disability as 1/3rd of 36% i.e., 12% instead of 6% as taken by the Tribunal. Hence, the 'loss of future earning capacity due to disability' comes to Rs.71,280/- Rs.5,500x12x9x 12%). The claimant was hospitalized for a period of 3 days. Therefore, this Court finds it reasonable to confirm Rs.18,200/- granted by the Tribunal towards 'medical expenses'. The doctor - CW.1 stated that he requires another surgery for removal of implants and suggested the estimated cost of the surgery is Rs.40,000/-. The Tribunal has granted an amount of Rs.30,000/- towards 'future medical expenses' and it is confirmed. Considering the nature of injuries sustained and period of hospitalization, this Court finds it reasonable to grant an amount of Rs.40,000/- towards 'pain and suffering'. This Court granting an amount of Rs.25,000/- towards 'loss of amenities' and Rs.30,000/- for 'transportation, extra nourishment and attendant charges' and the claimant might not have attended any other work at least for a period of 4 months, therefore, he is entitled - 6 - HC-KAR NC: 2026:KHC:4412 MFA No. 2082 of 2015 for compensation of Rs.22,000/- under the head of 'loss of income during laid up period'. The total compensation comes to Rs.2,36,480/-. Therefore, the claimant is entitled for enhanced compensation of Rs.90,080/- (Rs.2,36,480 - Rs.1,46,400). 5. The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.2 is directed to deposit the enhanced compensation amount of Rs.90,080/- with interest at the rate of 6% from the date of this order. On such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on it. Accordingly, the appeal is allowed-in-part. Sd/- (P SREE SUDHA) JUDGE KA, List No.: 1 Sl No.: 83