- 1 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 3594 OF 2015 (MV-I) BETWEEN: VINAYKUMAR S/O NARAYANAPPA, AGED ABOUT 29 YEARS, R/AT 5TH CROSS, R.P.ROAD, NANJANGUD, MYSURU DISTRICT. …APPELLANT (BY SRI. P. MAHESHA, ADVOCATE) AND: 1. ANAND S/O PUTTALINGA, AGED ABOUT 28 YEARS, R/AT CHAMALAPURA STEET, MADARAKEREI, NANJANGUD TOWN, MYSURU DISTRICT - 571 301. 2. H.R. VENAKTESH S/O LATE RAMEGOWDA, AGED ABOUT 48 YEARS, LAKSHMI NILAYA, 9TH CROSS, 2ND MAIN, ASHOKANAGARA, TUMKUR TOWN AND DISTRICT - 572 120. Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 3. THE ORIENTAL INSURANCE COMPANY LTD., JAYADEVA HOSTEL BUILDING, B.H.ROAD, TIPTUR - 572 201, TUMKUR DISTRICT. …RESPONDENTS (BY SRI. S.Y. SHIVALLI, ADVOCATE FOR RESPONDENT NO.3; SERVICE OF NOTICE TO R2 IS D/W V/O DT.29.08.2019; R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.12.2014 PASSED IN MVC NO.30/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, AND MACT, NANJANGUD, 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 1. This appeal is filed against the judgment and award dated 20.12.2014 passed in MVC No.30/2012 by the Senior Civil Judge & JMFC and MACT at Nanjangu, (for short 'the - 3 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 Tribunal') wherein the claimant has filed claim petition claiming enhancement of compensation. 2. For the sake of convenience, the parties shall be referred to as per their ranking and status before the Tribunal. 3. Heard the arguments of learned counsel for both the parties and perused the materials on record. 4. Brief facts of the case are as under: The claimant met with an accident on 07.04.2008 and sustained grievous injuries. The injured claimant filed claim application claiming compensation of Rs.14,05,000/- with interest from the date of accident till the date of realization for the injuries sustained by him in the motor vehicle accident. The Tribunal considering the oral and documentary evidence on record granted an amount of Rs.1,65,000/- with interest at the rate of 6% per annum from the date of petition till the date of its realization. 5. Aggrieved by the said order, the appellant has preferred this appeal contending that he spent huge amount for medical expenses, he was inpatient for a period of 11 days and - 4 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 he sustained grevious injuries. He was examined by the doctor, the doctor assessed the permanent disability to the whole body of 30%. But the trial Court has not considered the same and no amount is granted under the head of loss of future earning capacity. The amounts granted under other heads are meager and hence requested for enhancement of the compensation. 6. Learned counsel for respondents stated that as a doctor he has not assessed the disability. The question of granting compensation under head of loss of future income does not arise. Doctor stated that he is recovered. 7. It is stated that the petitioner was a coolie, but he has not stated about his income and not filed any proof of income. As he met with an accident in the year 2008, his notional income to be taken as Rs.4,500/- as per the chart prepared by the Karnataka Legal Services Authority. His aged is mentioned as 20 years in the wound certificate and 22 years in the discharge summary and in the medical certificate his age is shown as 22 years. Therefore, this court finds it reasonable to consider his age as 22 years and the multiplier as 18. - 5 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 8. So as per the wound certificate, petitioner sustained injuries and in the discharge summary it is mentioned as “X-ray and MRI revealed reduced C5-6 subluxation with disc bulge with unstable fragmant with laminar fracture, under C5-6 direction with fusion with C5-7 Titanium plate with graft harvested from the iliac crest”. 9. Petitioner met with an accident on 07.04.2018 and he examined the doctor on 16.10.2014. Doctor stated that initially he treated conservatively and then referred to Apollo Hospital for further management. He was diagonised as ‘C6 blunt (Port RTA) and C5 – C6 disc prolapse’. He was also treated by other consultants i.e., Anaesthesia Physician, Neurosurgeons, dermatologist. As per the expert there is complete fusion and patient has no neurological illness. 10. By the time doctor examined the petitioner, the wounds are healed as such he has not assessed any disability and thus question of assessing disability does not arise. Considering the nature of injuries sustained by petitioner, this Court finds it reasonable to grant an amount of Rs.60,000/- for loss of pain and suffering, Rs.50,000/- for medical expenses, - 6 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 Rs.25,000/- for loss of amenities, Rs.10,000/- for future expenses and the petitioner might not have attended any other work for a period of 4 months as he met with an accident and sustained fracture, loss of income during laid up period is (4,500 x 4) Rs.18,000/- and Rs.30,000/- for transportation, extra nourishment and attendant charges. The compensation is enhanced from Rs.1,65,000/- to Rs.1,93,000/- Accordingly, I pass the following: ORDER 1. The appeal is allowed. 2. The judgment and award dated 20.12.2014 passed in MVC No.30/2012 by the Senior Civil Judge & JMFC and MACT at Nanjangud is modified. 3. The appellant is awarded a total compensation of Rs.1,93,000/- as against the compensation awarded by the Tribunal at Rs.1,65,000/-. Therefore, The appellant is entitled for an enhanced compensation of Rs.28,000/- along with interest at 6% p.a., from the date of filing the petition, till its realization. 4. So Insurance Company already deposited the awarded amount before the Tribunal. Therefore, respondent No.3 - 7 - HC-KAR NC: 2026:KHC:5605 MFA No. 3594 of 2015 is directed to deposit the enhanced compensation of Rs.28,000/- with interest at the rate of 6% p.a., within a period of one month from the date of this order. 5. The petitioner is permitted to withdraw the entire amount along with interest accrued on it. Draw the award accordingly. Sd/- (P SREE SUDHA) JUDGE LL List No.: 1 Sl No.: 54