- 1 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 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. 5983 OF 2017 (MV-I) BETWEEN: KALEGOWDA S/O. CHIKKEGOWDA, AGED ABOUT 50 YEARS, R/AT MARANAYAKANAHALLI, HOLENARASIPURA TALUK, HASSAN DISTRICT - 573 201. …APPELLANT (BY SRI. GIRISH B. BALADARE, ADVOCATE) AND: 1. THE MANAGER UNIVERSAL SOMPO GEN. INS. CO. LTD., UNIT 401, 4TH FLOOR, SANGAMA COMPLEX, 127, ANDERI KURLA ROAD, ANDERI EAST, MUMBAI - 400 059. REPRESENTED BY: THE MANAGER, UNIVERSAL SOMPO GEN. INS. CO. LTD., HASSAN, C.T. TRADE CENTRE, 1ST FLOOR, OPPOSITE C.T. HOSPITAL, KADIRI, MANGALURU - 575 003. 2. N.R. MUDALAGIRIGOWDA S/O. RAMEGOWDA, AGED ABOUT 40 YEARS, R/AT: NAMBIHALLI VILLAGE, DANDIGANAHALLI HOBLI, CHANNARAYAPATNA TALUK, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 HASSAN DISTRICT - 573 201. …RESPONDENTS (BY SRI. D. VIJAYKUMAR, ADVOCATE FOR R1; NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.02.2017 PASSED IN MVC NO.1348/2015 ON THE FILE OF THE 5th ADDITIONAL DISTRICT AND SESSIONS COURT AND ADDITIONAL MACT AT HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The V Additional District & Sessions Court and Addl. MACT at Hassan (hereinafter referred to as 'the Tribunal') has passed the common award in M.V.C.No.1348/2015 and M.V.C.No.1349/2015 dated 21.02.2017. 2. This M.F.A.No.5983/2017 is filed against the award of the Tribunal in M.V.C.No.1348/2015. 3. The injured claimant met with an accident on 25.05.2015 and filed the claim petition claiming compensation of Rs.10,00,000/-. But the Tribunal considering the entire evidence on record has granted an - 3 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 amount of Rs.50,000/- with 9% interest from the date of petition till its realization. 4. Aggrieved by the said award, this appeal is preferred, in which, it is mainly contended that, as the petitioner was not having valid driving license, the Tribunal assessed his contributory negligence as 40%. The claimant has sustained fractures which are grievous in nature. He was inpatient for 6 days. The doctor has assessed the disability as 8%. The petitioner was earning an amount of Rs.20,000/- per month. But the Tribunal without considering all these aspects has granted global compensation and thus requested for enhancement of the compensation. 5. The manner of accident shows that while the petitioner was riding the Motorbike, with registration No.KA- 13-L-5863 belonging to his son, on 25.05.2015, when he reached near Sreenivaspura Sugar Factory, one Maruthi Omni car belonging to the first respondent came in a rash and negligent manner and dashed the bike from - 4 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 the back side. As a result, he fell down and sustained injuries and was hospitalized. 6. Charge sheet was filed against the driver of the Car. But the Tribunal considered that the petitioner has no driving licence and thus fixed the contributory negligence on the petitioner as 40%, which is patently erroneous. If at all he has no driving licence, he should be punished with fine. But on that ground, contributory negligence cannot be assessed. Moreover, the car dashed the motorbike from the back side. As such, the question of contributory negligence on the petitioner does not arise and that the contributory negligence fixed by the Tribunal at the rate of 40% is set aside. 7. As per Ex.P7-wound certificate, the petitioner has sustained scratch wound on left knee and also fracture on his left Zygoma. It is stated that the first injury is simple and second injury is grievous in nature. The petitioner has examined the Doctor as PW.3. The Doctor- PW.3 has assessed the disability as 8% and the whole - 5 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 body disability as 3%. Though the petitioner stated that he was earning an amount of Rs.20,000/- per month but he has not filed any income proof. As the petitioner met with an accident in the year 2015, his national income is to be taken as Rs.9,000/- as per the chart prepared by the Karnataka State Legal Services Authority. As the claimant was aged 57 years as on the date of accident, the appropriate multiplier applicable is '11'. Therefore, the 'loss of earning capacity due to disability' comes to Rs.35,640/- (Rs.9000x12x11x3%). Considering the nature of injuries and hospitalization, this Court finds it reasonable to grant an amount of Rs.25,000/- under the head of 'pain and suffering', Rs.15,000/- under the head of 'loss of amenities' and Rs.15,000/- under the head of 'transportation and extra nourishments'. The Tribunal has granted an amount of Rs.42,000/- towards medical expenses as per the medical bills produced by the claimant under Ex.P11 and the same is confirmed. The petitioner might not have attended any other work at least for a - 6 - HC-KAR NC: 2026:KHC:4411 MFA No. 5983 of 2017 period of two months. Therefore, Rs.18,000/- under the head of 'loss of income during laid up period' is granted. The total compensation comes to Rs.1,50,640/-. Hence, the claimant is entitled for enhanced compensation of Rs.1,00,640/- (Rs.1,50,640 - Rs.50,000/-). 8. The Insurance company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.1-Insurance Company is directed to deposit the enhanced compensation amount of Rs.1,00,640/- with interest at the rate of 6% p.m. within a period of one month 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.: 2 Sl No.: 40