- 1 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8638 OF 2014 (MV-I) BETWEEN: SRI. P.R. MANI AGED ABOUT 49 YEARS, S/O RAMAN, OCC:AGRICULTURIST AND TIMBER MERCHANT, R/O KAIMARA, NARASIMHARAJAPURA, CHIKMAGALUR DISTRICT - 577 124. …APPELLANT (BY SRI. S.V. PRAKASH, ADVOCATE) AND: 1. K SRINIVASA @ SRINIVASALU AGE: MAJOR, S/O K.CHENNANJANEYALU, DEVARAKADRA POST, MEHABOOBNAGAR - 509 204, ANDHRAPREADESH. DRIVER OF TIPPER LORRY BEARING REG.NO.AP-28-8508, DRIVING LICENCE NO.DLEA. PO. 2233222009 VALID FROM 07.02.2009 TO 02.10.2011. 2. V J JOHNSON MAJOR FLAT NO.95, TELECON NAGAR Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court Of Karnatka - 2 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 GOCHIBYLU, HYDREBAD ANDHRAPRADESH - 500 029, OWNER OF TIPPER LORRY NO. AP:28/Y--8508. 3. THE RELIANCE GENEAL INSURANCE CO.LTD. III FLOOR, 3RD STAREET, HIMAYATH NAGAR, HEDERABAD, ANDRAPRADESH - 500 029. …RESPONDENTS (BY SRI. H.C. BETSUR, ADVOCATE FOR R3; VIDE ORDER DATED 16.06.2016, NOTICE TO R1 AND R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2014 PASSED IN MVC NO.67/2010 ON THE FILE OF THE SENIOR CIVIL JUDGE, PRINCIPAL JMFC, MEMBER, ADDITIONAL MACT, TARIKERE, 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 This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 01.07.2014 passed in MVC - 3 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 No.67/2010 on the file of the Senior Civil Judge, Principal JMFC, MAMACT, Tarikere for enhancing the compensation. 2. Heard the arguments of the learned counsel for the appellant and learned counsel for respondent No.3/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience. 3. The petitioner/injured claimant had filed petition before the Tribunal for compensation of Rs.8,40,000/-. The Trial Court considering the entire evidence on record granted an amount of Rs.5,05,173/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realisation. Being aggrieved by the said order, this appeal is filed. 4. Learned counsel for the appellant contended that the petitioner/injured claimant met with an accident on 22.12.2009 and sustained grievous injuries. He was hospitalized for a period of 56 days and thereafter, he took treatment for two years and six months. The Tribunal has - 4 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 awarded meagre amount under the other heads. Though the petitioner had taken treatment for two months and follow-up treatment for more than three years, the Tribunal has granted loss of income during the laid-up period only for one month, which is erroneous. He was doing agricultural work as well as carrying timber work and was earning Rs.15,000/- per month. However, the Tribunal has assessed his monthly income at only Rs.4,500/- per month, which is on the lower side. The doctor assessed the disability at 60%. But in Ex.P.30, the disability was assessed at 75% by the Medical Board. The doctor has also stated that the petitioner underwent bone grafting and re-fixation of the fracture. As such, the petitioner could not involve himself in agricultural operations. Therefore, requested for enhancement of the compensation. 5. Learned counsel for respondent No.3– Insurance Company contended that the Tribunal has rightly taken 1/3rd of the disability assessed by the doctor - 5 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 and has also granted reasonable compensation under the other heads, which needs no interference. As there is no any income proof, the Tribunal has taken the income of the petitioner at Rs.150/- per day by relying upon the minimum wages. Since the accident occurred in the year 2009, the notional income is to be taken at Rs.5,000/- per month as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner was aged about 45 years at the time of the accident and the applicable multiplier is ‘14’. As per Ex.P.4–wound certificate, the petitioner/injured sustained the following grievous injuries: 1. Open fracture middle third right tibia. 2. Open fracture right femoral condoyle. 3. Fracture right fibula. 4. Laceration over left side forehead. 5. 3x1x8 cm laceration over left side forehead and laceration over upper lip. 6. The doctor assessed 60% disability and further stated that the petitioner is walking with the help of stick. - 6 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 Considering the nature of injuries and his occupation, this Court finds it reasonable to take his disability at 30% instead of 20% taken by the Tribunal. Therefore, the loss of future earning capacity comes to Rs.2,52,000/- (5,000x12x14x30%). The Tribunal has granted Rs.1,93,933/- towards medical expenses, as per Ex.P.8 and it is confirmed. Considering the nature of injuries, this Court finds it reasonable to enhance the pain and suffering to Rs.75,000/- and loss of amenities to Rs.30,000/-. The Tribunal has granted Rs.57,000/- towards food and extra nourishment, conveyance and attendant charges and this Court finds it reasonable to enhance the same to Rs.70,000/-. As he was hospitalized for a period of two months, he might not have attended any other work at least for a period of five months. Therefore, this Court finds it reasonable to grant an amount of Rs.25,000/- (5,000x5) under the head loss of income during laid up period. The Tribunal has granted Rs.23,040/- towards vehicle repair and it is confirmed. - 7 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 7. Thus in all, compensation awarded by this Court is as below: 8. Hence, the appellant-claimant is entitled for a total compensation of Rs.6,68,973/- along with interest at the rate of 6% p.a. 9. In the result, the following order is passed: Particulars Amount in Rs. Pain and suffering 75,000/- Medical expenses 1,93,933/- Loss of income during laid up period 25,000/- Loss of future earning capacity 2,52,000/- Loss of amenities 30,000/- Food and extra nourishment, conveyance and attendant charges 70,000/- Vehicle repair 23,040/- Total 6,68,973/- - 8 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 ORDER i. Appeal is allowed in part. ii. The judgment and award dated 01.07.2014 passed in MVC No.67/2010 on the file of the Senior Civil Judge, Principal JMFC, MAMACT, Tarikere, is modified. iii. The claimant is entitled to a sum of Rs.6,68,973/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.5,05,173/- granted by the tribunal. iv. Respondent No.3/Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, respondent No.3/Insurance Company is directed to deposit the enhanced compensation of Rs.1,63,800/- along with the interest at the rate of 6% within one month from the date of this order. - 9 - HC-KAR NC: 2026:KHC:3906 MFA No. 8638 of 2014 v. On such deposit, petitioner is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AMA List No.: 1 Sl No.: 62