- 1 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3934/2024 (MV-I) BETWEEN: SRI. C. SHIVARAMU S/O CHALAVARAJU, AGED ABOUT 29 YEARS, R/AT KENCHAYYANADODDI VILLAGE, YELLEMALA POST, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT PIN-583 201. &APPELLANT (BY SRI. NARASIMHA MURTHY G V., ADVOCATE) AND: 1. SRI. ZAFARULLA S/O MOHAMMAD PEERA, AGED ABOUT 60 YEARS, DODDERI POST AND HOBLI, R/AT KOWDAHALLI VILLAGE AND POST, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT, PIN-583 201. 2. SRI. JOHAR PASHA S/O ABDUL SADIQ, AGED MAJOR, R/AT KOWDAHALLI VILLAGE AND POST, DODDERI POST AND HOBLI, KOLLEGALA TALUK, CHAMARAJANAGARA DISTRICT, PIN-583 201. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 3. THE MANAGER, THE UNITED INDIA INSURANCE COMPANY LTD., NO.305, ATCHAM LODGE, SOUTHERN EXTENTION, KOLLEGALA, CHAMARAJANAGAR DISTRICT, PIN-583 201. &RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R3, V/O DATED 08.11.2024 NOTICE TO R1 AND R2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.11.2023 PASSED IN MVC NO. 4/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., ADDITIONAL MACT, KOLLEGALA, 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 against the judgment and award dated 24.11.2023 passed by the Senior Civil Judge and Additional MACT, Kollegala, in MVC No.4 of 2017. 2. Injured claimant, aged 22 years, met with an accident on 26.05.2016 and filed claim petition claiming compensation of Rs.17,90,000/- with interest. The Tribunal considering the entire evidence on record granted Rs.7,25,318/- with interest - 3 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 at the rate of 6% per annum from date of petition till realisation. 3. Aggrieved by the said order, the claimant has preferred this appeal and contended that he was admitted in the hospital for 23 days. As per wound certificate, he sustained various injuries. He examined C.W.1-doctor and he assessed the disability as 50% to the whole body. The Tribunal granted meager amounts under the other heads, and interest is also to be enhanced to 18% per annum. Therefore, requested for enhancement of the compensation. 4. Heard the arguments of learned counsel for both sides. 5. Though the petitioner-claimant has stated that he was earning Rs.25,000/- per month as an agent and driver in Ola, he has not filed any income proof. He met with an accident in the year 2016 and thus, the Tribunal has rightly considered his notional income as Rs.9,500/- per month. The Tribunal has taken his age as 24 years as per the Adhar Card produced by the claimant and therefore, the multiplier is 18. The petitioner - 4 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 examined C.W.1-doctor. As per the evidence of C.W.1, petitioner sustained fracture of frontal bone on the right side with adjacent subgaleal hematoma. The doctor assessed disability to the whole body at 50% and the Tribunal taken one third of 50% disability as 17%. This Court finds no reason to interfere with the said disability. Thus, the loss of future earning capacity comes to Rs.3,48,840/-. The petitioner incurred Rs.2,82,478/- towards medical expenses and it is confirmed. 6. The petitioner was admitted in hospital for 23 days. Considering the nature of injuries, period of hospitalisation and the other relevant factors, this Court finds it reasonable to grant an amount of Rs.50,000/- for pain and suffering, Rs.25,000/- for loss of amenities and Rs.30,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 3 months. Therefore, Rs.28,500/- is granted under the head loss of income during the laid up period. The Tribunal granted Rs.5,000/- towards future medical expenses and it is confirmed. - 5 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 7. Thus, in all, the claimant is entitled for the compensation of Rs.7,69,818/- with interest at 6% per annum as against Rs.7,25,318/- awarded by the Tribunal. 8. The award of compensation passed by the Tribunal is modified as under: Heads Amount in Rs. 1. Loss of future income 3,48,840/- 2. Medical expenses 2,82,478/- 3. Pain and Suffering 50,000/- 4. Loss of amenities 25,000/- 5. Transportation, extra nourishment and attendant charges 30,000/- 6. Loss of earning during the laid up period 28,500/- 7. Future medical expenses 5,000/- Total 7,69,818/- 9. The Tribunal observed that there is no permit and thus, held that insurance company is at liberty to recover the same from the owner of the vehicle. Therefore, this Court finds - 6 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 it reasonable to direct the insurance company to pay the amount and they are at liberty to recover the same from owner of the vehicle. 10. In the result, the following order is passed: (i) Appeal is allowed in part. (ii) The claimant is entitled for the total compensation of Rs.7,69,818/- with interest at 6% per annum from the date of petition till the date of realization. (iii) The respondent insurance company has already deposited the awarded amount before the Tribunal, and therefore, they are directed to deposit the enhanced amount of Rs.44,500/- with interest at 6% per annum within one month from the date of this order. (iv) On such deposit, the claimant is permitted to withdraw the entire amount along with the interest accrued on it. - 7 - HC-KAR NC: 2026:KHC:1968 MFA No. 3934 of 2024 (v) The respondent-insurance company is at liberty to recover the compensation amount from the owner of the vehicle by due process of law. Sd/- (P SREE SUDHA) JUDGE CS CT:NR List No.: 1 Sl No.: 91