- 1 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE S.G.PANDIT AND THE HON'BLE MR. JUSTICE K. V. ARAVIND MISCELLANEOUS FIRST APPEAL No. 3084 OF 2024 BETWEEN: 1. KRISHNA SHETTY H. P., S/O. PUTTAIAH, AGED ABOUT 64 YEARS, R/AT No.4338/22/1, 1ST CROSS, A BLOCK, SUBRAMANYANAGAR, VTC, BANGALORE NORTH, SRIRAMPURAM, BENGALURU-560 021. …APPELLANT (BY SRI KUMARASWAMY B. N., ADVOCATE) AND: 1. JAGANATH H. K., S/O. KRISHNASWAMY IYENGAR, AGED ABOUT 85 YEARS, R/AT No.88, 20TH B MAIN ROAD, 1ST R BLOCK, RAJAJINAGAR, BENGALURU-560 010, (R.C. OWNER OF CAR BEARING REGISTRATION No. KA02 MP 7041) Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 2. IFFCO - TOKIO GENERAL INSURANCE CO. LTD., SHANTI TOWERS, 5TH FLOOR, No.141, 3RD MAIN, EAST OF NGEF LAYOUT, KASTURINAGAR, BENGALURU-560 043, (POLICY No.11480602 VALID FROM 03/08/2019 TO 02/08/2022) …RESPONDENTS (BY SRI KESHAVA MURTHY B., ADVOCATE FOR R1; SRI C. SHANKAR REDDY, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 03.10.2023 PASSED IN MVC No.302/2022 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, BENGALURU, (SCCH-7) 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 S.G.PANDIT and HON'BLE MR. JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE K. V. ARAVIND) Heard Sri. B. N. Kumaraswamy, learned counsel for the appellant, Sri. B. Keshava Murthy, learned counsel for respondent No.1 and Sri. C. Shankar Reddy, learned counsel for respondent No.2. - 3 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 2. This appeal is preferred by the claimant challenging the judgment and award dated 03.10.2023 passed in MVC No.302/2022 by the IX ACSJ and Addl. MACT, Bengaluru (hereinafter referred to as ‘the Tribunal’), seeking enhancement of compensation. 3. The claimant filed a petition seeking compensation for the injuries sustained in a road traffic accident that occurred on 01.07.2021, involving his scooter bearing Reg.No.KA-02-KA- 3261 and a car bearing Reg.No.KA-02-MP-7041 (hereinafter referred to as the “offending vehicle”). It is pleaded that when the claimant approached his scooter, which was parked on the extreme side of the road, the driver of the offending vehicle dashed against the parked scooter. Due to the impact, the claimant fell down and sustained grievous injuries. The accident is attributed to the rash and negligent driving of the driver of the offending vehicle. 3.1 It is further pleaded that the claimant was admitted to the hospital and was treated as an inpatient from 02.07.2021 to 02.08.2021. Owing to the injuries sustained, he suffered loss of earnings. It is stated that, as on the date of the accident, the - 4 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 claimant was aged 62 years and was earning Rs.20,000/- per month. 3.2 Respondent No.1, the owner of the offending vehicle, denied the allegations of negligence and contended that the driver of the offending vehicle was holding a valid and effective driving licence as on the date of the accident. 3.3 Respondent No.2, the insurer, while denying the averments made in the claim petition, contended that the driver of the offending vehicle was not holding a valid driving licence as on the date of the accident. It was further contended that the offending vehicle did not possess a valid fitness certificate and permit at the relevant point of time. Though the insurer admitted the subsistence of the policy, it was contended that there was a violation of the terms and conditions of the policy. 3.4 The claimant examined himself as PW.2. The Doctor was examined as PW.1, and the representative of Apollo Hospital, where the claimant had taken treatment, was examined as PW.3. The petitioner marked documents as Exs.P1 to P26. The - 5 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 respondents neither adduced any oral evidence nor produced any documentary evidence. 3.5 The Tribunal, upon consideration of the material on record, assessed the permanent disability at 15%. The Tribunal considered the age of the petitioner as 61 years, assessed his monthly income at Rs.15,000/-, and applied the multiplier of ‘7’. The Tribunal also ordered reimbursement of the medical expenses and awarded compensation towards pain and suffering, loss of earnings during the laid-up period, and loss of amenities. 4. Sri. B.N. Kumaraswamy, learned counsel for the appellant submits that the appellant has suffered disability to the extent of 70%, and that the Tribunal has erred in assessing the disability at only 15%. It is further contended that, as per Ex.P17, the medical expenses incurred amount to Rs.22,57,738/-. Out of the said amount, the insurer has disputed only a sum of Rs.69,000/-. However, the Tribunal has committed an error in awarding merely Rs.5,00,000/- towards hospital and medical expenses. - 6 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 5. Sri C. Shankar Reddy, learned counsel appearing for respondent No.2–insurer, submits that, having regard to the evidence on record, the Tribunal is justified in assessing the disability at 15%. Learned counsel further submits that, based on the medical bills duly proved, the Tribunal has awarded a sum of Rs.5,00,000/- towards hospital and medical expenses, and the same is proper and justified. It is further contended that the compensation awarded by the Tribunal is just and reasonable, and therefore, no interference is warranted in the present appeal. 6. We have considered the submissions of learned counsel for the parties and perused the appeal papers and the record. 7. Firstly, we shall deal with the assessment of disability. 7.1 PW.1, the Doctor, has deposed with regard to the neurological disability suffered by the claimant and has assessed the same in the range of 40% to 70%. The whole body disability is assessed at 40% to 50%. Though PW.1 was subjected to extensive cross-examination by the insurer, - 7 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 nothing has been elicited to discredit his testimony or to establish any material contradiction. 7.2 Further, the medical records on record substantiate the assessment of disability as deposed by PW.1. Ex.P4 — the discharge summary — indicates the presence of haemorrhage and other complications. For the sake of convenience, the relevant portion of the case summary is extracted hereinbelow. "Mr. KRISHNA SETTY HP, 61 years gentleman, a known case of ischaemic heart disease-recent inferoposterior wall Myocardial infarction, S/P PTCA + stenting to LAD and RCA (23/04/21) came to hospital with alleged history of road traffic accident on 01/07/2021. His vitals showed pulse of 100/minute, BP-130/70mmHg, EMV-E4,V1,M6 He had bleeding from right forearm, mild confusion, aphasia. CT scan brain showed Multiple haemorrhagic contusions, subarachnoid haemorrhage and left convexity extra-axial haemorrhage as described with left convexity calvarial fracture, No evidence of aneurysm or arteriovenous malformation. Neurosurgery Dr Arun L.Naik and team was consulted for the same and advised neuromonitoring, ryles tube insertion. He was admitted in Neuro ICU. His vitals were monitored. Repeated CT scan brain was done which revealed changes compared with prior CT brain study dated 2nd July 2021-Multiple brain haemorrhagic contusions in bilateral frontal and left temporal region with perilesional edema. There is interval increase in size of the left temporal haemorrhagic contusions with reduction in density of the haemorrhage. There is interval increase in oedema surrounding the other contusions. There is interval increase in mass effect with partial effacement of the left lateral ventricle. No significant increase in midline shift. Subarachnoid hemorrhage in left frontoparietotemporal region-marginally increased as compared to the prior. He was initaited on IV antibiotics. In view of pooling of - 8 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 secretions, to prevent aspiration pneumonia tracheostomy was done. Gradually he was shifted to ward as there was no deterioration. Patient had high fever, decreased sensorium, low BP hence he was shifted back to ICU-initiated on inotropes. Culture showed gram negative bacilli under process, antibiotics were escalated to Polymyxin, metrogyl and targocid was initiated, 1 pint PRBC was transfused. Gradually patient was shifted from ICu to ward. Limb and chest physiotheray was continued. Dr Prasanna (Gastro) was consulted and PEG insertion done in view of pooling of secretions. His vitals were monitored. Patient was discharged with vitals stable." Ex.P5 is the discharge summary issued by the Department of Neurology, which also records the presence of haemorrhage. 7.3 By order dated 23.10.2025, the appellant was referred for examination before a Medical Board at the National Institute of Mental Health and Neurosciences (NIMHANS), Bengaluru. In compliance with the said order, the appellant was examined by a team of eight doctors constituting the Medical Board. The report of the Medical Board has been forwarded by the Medical Superintendent of NIMHANS under covering letter dated 04.12.2025. The assessment made by the Medical Board is as follows: "The Board, after examining the patient and having gone through all available medical records and after discussion during the medical board meeting, opines that Mr HP Krishna - 9 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 Shetty has a locomotor disability of 41%, cognitive disability of 69%, language disability of 26%. And hence he has a combined disability of 82% [eight two percentage) in relation to his whole body." 7.4 The Medical Board has assessed the combined disability at 82%. It has opined that the appellant suffers from locomotor disability to the extent of 41%, cognitive disability to the extent of 69%, and language disability to the extent of 26%. It is contended that the appellant was employed in a private concern and was earning Rs.20,000/- per month. However, the nature of avocation as on the date of the accident has not been established by cogent evidence. 7.5 Be that as it may, having regard to the multiple disabilities suffered by the appellant, particularly the neurological impairment, we deem it appropriate to assess the functional disability at 60% for the purpose of determining just compensation. 8. In the absence of cogent proof regarding income, the Tribunal was justified in assessing the notional income at Rs.15,000/- per month, having regard to the date of the accident, i.e., 01.07.2021, and the age of the appellant, which - 10 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 is taken as 61 years. The application of the multiplier ‘7’ is not in dispute. 8.1 Insofar as the medical expenses are concerned, as per Ex.P17, the total medical bills amount to Rs.22,57,738/-. Out of the said amount, a sum of Rs.69,000/- has been disputed by the insurer. The appellant has not adduced any evidence regarding the same. In the absence of supporting evidence with regard to the disputed amount, the appellant would not be entitled to the same. 8.2 The Tribunal has awarded a sum of Rs.5,00,000/- towards medical and hospital expenses. In view of Ex.P16 and Ex.P17, the appellant would be entitled to an additional sum of Rs.16,88,738/- towards medical and hospital expenses. The said claim stands substantiated by the documentary evidence on record. The loss of future income is calculated asunder: Rs.15,000/- X 12 X 7 X 60% = Rs.7,56,000/- 8.3 Accordingly, the compensation is recomputed as under: - 11 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 The claimant is entitled to a compensation of Rs.30,64,738/- as against Rs.8,09,000/- awarded by the Tribunal. 9. For the aforesaid reasons, the following: O R D E R (i) The appeal is allowed-in-part. (ii) The order in MVC No.302/2022 passed by the IX ASCJ, Small Causes and Addl. MACT, Bengaluru dated 03.10.2023 is modified by enhancing the compensation to Rs.30,64,738/- as against Rs.8,09,000/- awarded by the Tribunal. Sl No. Heads Of Income Compensation by Tribunal in Rs. Enhanced Compensation in Rs. 1. Towards loss of future earnings 1,89,000/- 7,56,000/- 2. Towards pain and suffering 60,000/- 60,000/- 3. Towards medicine and hospital bill 5,00,000/- 21,88,738/- 4. Towards loss of earning during rest period and attendant charges 30,000/- 30,000/- 5. Towards loss of amenities 30,000/- 30,000/- Total Compensation 8,09,000/- 30,64,738/- Enhanced Compensation 22,55,738/- - 12 - HC-KAR NC: 2026:KHC:6130-DB MFA No. 3084 of 2024 (iii) The rate of interest, deposit and apportionment is maintained. (iv) The compensation awarded under other heads namely pain and suffering, loss of earning during rest period and attendant charges, loss of amenities is maintained. (v) Draw modified decree accordingly. Sd/- (S.G.PANDIT) JUDGE Sd/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 34