- 1 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4146 OF 2024 (MV-I) BETWEEN: MOHAN KUMAR S/O LATE BASAVAIAH, AGED ABOUT 35 YEARS, R/O ANKIHALLI VILLAGE, BELURU TALUK, HASSAN DISTRICT-573215 PRESENTLY R/AT C/O MADHU, KHB QUARTERS, OPPOSITE NEW KSRTC BUS STAND, HASSAN-573201 …APPELLANT (BY SRI. RAVI M.M.,ADVOCATE) AND: 1. MAHANTH M P S/O M.R. PURNESH MURTHY, AGE MAJOR, R/O MEGALAPETE VILLAGE, MUDIGERE, CHIKKAMAGALUR DISTRICT-577132 (OWNER OF XENON RX PICK UP VEHICLE NO.KA-18-B-2715) 2. UNITED INDIA INSURANCE CO.LTD. CRESCENT ROAD, 1ST FLOOR, K.M. ROAD, CHIKKAMAGALUR-577101. REPRESENTED BY UNITED INDIA INSURANCE CO.LTD., VENKATESHWARA BUILDING, B.M. ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 HASSAN-573201 (POLICY NO.2414003120P114165055 VALID FROM 06.03.2021 TO 05.03.2022) …RESPONDENTS (BY SMT. GEETHA RAJ., ADVOCATE FOR R2) (V/O DATED.30.01.2025, NOTICE TO R1 IS DISPENSED WITH). THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2024 PASSED IN MVC NO. 1272/2021 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, HASSAN, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant against the judgment and award of the tribunal passed in MVC.No.1272/2021 dated 20.03.2024 by the Member, Additional M.A.C.T., Hassan. 3. The injured claimant, who is aged about 32 years, met with an accident on 09.03.2021 and filed a claim petition seeking compensation of Rs.10,00,000/-. - 3 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 The tribunal, after considering the entire evidence on record, granted a total compensation of Rs.3,71,629/- with an interest rate of 6% per annum from the date of petition till the date of realization. 4. Being aggrieved by the said judgment and award, the appellant-claimant has preferred the present appeal and mainly contended that he took treatment as an inpatient for 15 days and he spent more than Rs.2,00,000/- for treatment. The doctor assessed the disability as 20% permanent partial disability to the right lower limb. He was earning Rs.20,000/- per month. But the tribunal granted a meagre amount under all the heads, and thus he seeks for enhancement of the compensation. 5. Learned counsel for the respondents stated that the tribunal has rightly considered 1/3rd of 20% disability and it needs no interference. The amounts granted under other heads are also reasonable, and they may be confirmed. - 4 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 6. Though appellant/claimant stated that he was doing agriculture and earning Rs.20,000/- per month, he has not filed any income proof. As he met with the accident in the year 2021, his notional income is to be taken as Rs.15,000/- as per the chart prepared by the Karnataka State Legal Services Authority. He was aged 32 years, and the multiplier is 16. 7. The appellant/claimant has sustained the following injurious as per Ex.P7: 1. Dislocation right hip. 2. Deep laceration. right knee with exposing the bone. 3. Abrasion over right ankle. 4. Abrasion over left knee. Out of 4 injuries, 1 and 2 are grievous in nature, and the 3rd injury is simple in nature. 8. The appellant/claimant also examined the doctor, and the doctor assessed the disability at 20% and the tribunal has taken 1/3rd of the same as 7%, and it - 5 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 needs no interference. The loss of future income on account of permanent disability comes to Rs.15,000/- X 12 X 16 X 7% = 2,01,600. 9. The tribunal granted Rs.83,469/- towards medical expenses as per Ex.P9 and Ex.P10 and it is confirmed. He was hospitalized for a period of 11 days. Considering the nature of injuries, his occupation, age and other relevant factors. This court finds it reasonable to grant an amount of Rs.25,000/- for loss of amenities and life comforts as against Rs.10,000/- 10. Rs.30,000/- is granted as against Rs.12,000/- towards diet food, nourishment, conveyance, attendant charges and other incidental expenses and he might not have attended any other work at least for a period of 4 months. Therefore, Rs.15,000/- x 4 = Rs.60,000/- towards loss of future income during the laid up period as against Rs.28,000/-. The other amounts granted by the tribunal need no interference. - 6 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 11. The amount granted by tribunal for pain and suffering is confirmed. The total compensation comes to Rs.50,000/-+ +Rs.83,469/- + Rs.30,000/-+ Rs.2,01,600 + Rs.60,000/- + Rs.25,000/- = Rs.4,50,069/-. 12. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Pain and sufferings 50,000.00 2. Medical expenses 83,469.00 3. Diet Food, Nourishment, Conveyance and Attendant charges and other incidental expenses 30,000.00 4. Loss of future income on account of permanent disability 2,01,600.00 5. Loss of income during laid up period 60,000.00 6. Towards loss of amenities and Life Comforts 25,000.00 TOTAL 4,50,069/- - 7 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 13. The Tribunal has awarded the compensation of Rs.3,71,629/- but the appellant/claimant is entitled to total compensation of Rs.4,50,069/-. Compensation is enhanced from Rs.3,71,629/- to Rs.4,50,069/-. 14. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. ii. The judgment and award passed by the Tribunal in M.V.C. No.1272/2021 dated 20.03.2024 by the Member, Additional.M.A.C.T, Hassan is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.4,50,069/- along with interest @ 6% p.a. iii. Insurance company already deposited the award amount before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.78,440/- with interest within 1 month from the date of this order. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. - 8 - HC-KAR NC: 2026:KHC:1395 MFA No. 4146 of 2024 iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 60