- 1 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4272 OF 2017 (MV-I) BETWEEN: DEVARAJU S/O.JAVAREGOWDA, AGED ABOUT 52 YEARS, R/AT:HEGGADIHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. …APPELLANT (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. NINGARAJU T.R., S/O.RAMACHANDRA, AGED ABOUT 28 YEARS, R/AT:THYAVIHALLI VILLAGE, SHANTHIGRAMA HOBLI, HASSAN TALUK & DISTRICT - 573 201. 2. REGIONAL OFFICE HDFC ERGO GENERAL INSURANCE CO.LTD., NO.1/2, BUILDING NO.2, SHANKARANARAYANA BUIDLING, M.G.ROAD, BENGALURU - 560 001. …RESPONDENTS (BY R1 - SERVED AND UNREPRESENTED; SRI. D. VIJAYA KUMAR., ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2016 PASSED IN MVC NO.893/2015 ON THE FILE OF THE V Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT AT HASSAN AWARDING COMPENSAITON OF RS.1,83,000/- WITH INTEREST AT 9% P.A. FROM THE DATE OF PETITION TILL PAYMENT AND ETC. THIS APPEAL COMING ON FOR 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 owner of the vehicle, who is respondent No.1 before the tribunal against the judgment and award dated 01.08.2016 in MVC.No.893/2015 passed by the IV Additional District and Sessions Court and Additional M.A.C.T., Hassan, for reduction of compensation. 2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2. In spite service of notice, respondent No.1 remained ex-parte. 3. Respondent No.1, who is petitioner before the tribunal met with an accident on 10.01.2015. He filed claim petition before the tribunal claiming compensation of Rs.10,00,000/-. The tribunal considering the entire evidence on record, granted an amount of Rs.3,66,673/- with interest at the rate of 6% per annum. The tribunal assessed the contributory negligence on - 3 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 both the vehicles as 50% by each of them and accordingly, directed respondent No.1 to deposit Rs.1,83,000/- with interest at the rate of 9% per annum from the date of petition till realization and dismissed the case against respondent No.2 - Insurance Company. Being aggrieved by the said order, appellant/respondent No.1 has preferred this appeal mainly disputed the quantum of compensation on the ground that the petitioner examined by the doctor and assessed the disability as 22% to the whole body. The tribunal has considered entire 22% disability and amount granted under the other heads is excessive. Hence, appellant/respondent No.1 requested for reduction of the compensation. 4. Learned counsel for the appellant contended that respondent No.1/petitioner met with an accident on 10.01.2015. As per Ex.P5 - Wound Certificate, he sustained the following injuries: "Left radius and left shaft fracture, which was grievous in nature". 5. It is stated that respondent No.1/petitioner was working in a Bakery, an agriculturist and also doing milk - 4 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 vending business earning Rs.10,000/- per month, but he has not filed any income proof. The tribunal has taken his notional income as Rs.5,000/- per month and he has not preferred any appeal. The petitioner sustained permanent disability of limb as 22%. It is further observed that left radius and left ulna fracture is malunited. He requests another surgery for removal of the implants and the estimated cost is Rs.22,000/-. He was aged about 27 years as per Ex.P5 - Wound Certificate and Ex.P6 - Discharge summary, the multiplier is '17'. Therefore, this Court finds it reasonable to take 1/4th of 22% as 5%. Hence, the Loss of Future Income comes to Rs.5,000 x 12 x 17 x 5% = Rs.51,000/-. 6. The petitioner was hospitalized for a period of four(4) days. The tribunal has granted Rs.50,000/- towards pain and suffering, Rs.1,000/- towards attendant charges, Rs.69,273/- towards medical expenses and Rs.22,000/- towards future medical expenses, which needs no interference and are confirmed. 7. Thus in all, compensation reduced by this Court is as below: - 5 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 8. Hence, the appellant is liable to pay 50% of Rs.1,93,273/-, which is reduced from Rs.3,66,673/- as awarded by the tribunal. 9. In the result, the following order is passed: ORDER i) The appeal is allowed in-part. ii) The compensation awarded by the tribunal is reduced from Rs.3,66,673/- to Rs.193,273/-. Therefore, the appellant is liable to pay 50% of Rs.1,93,273/-. Particulars Amount in Rs. Loss of income due to disability 51,000.00 Pain and suffering 50,000.00 Attendant charges 1,000.00 Medical Expenses 69,273.00 Future Medical expenses 22,000.00 Total 1,93,273.00 - 6 - HC-KAR NC: 2026:KHC:6584 MFA No. 4272 of 2017 iii) The appellant has already deposited Rs.91,500/- before the tribunal, he is directed to deposit the balance amount along with interest at the rate of 6% per annum within a period of one month from the date of this order. The amount already deposited is to be transferred to IV Additional District and Sessions Court and Additional M.A.C.T., Hassan. iv) On such deposit, respondent No.1/petitioner is permitted to withdraw the entire amount along with accrued interest on the same. Sd/- (P SREE SUDHA) JUDGE PHM List No.: 1 Sl No.: 87