- 1 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 5680 OF 2019 (MV-I) BETWEEN: SRI MANJUNATHA, S/O. LATE CHIKKA NARASAPPA, AGED ABOUT 43 YEARS, R/AT SADLI VILLAGE AND POST, VIA - PARESANDRA, SIDDLAGHATTA TALUK, CHICKBALLAPUR DIST. …APPELLANT (BY SRI SUGUNA R REDDY, ADVOCATE) AND: 1. M/S. A. T. ASSOCIATES, NO. 13/7, NEW SECRETARIAT COLONY, MAIN STREET, KILPAUK, CHENNAI CITY, TAMIL NADU-600 010. 2. THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LTD, ROOM NO. 9, HARIKRUPA TOWERS, 13/191-192, R.F. ROAD, ANANTHANPUR CITY AND DISTRICT, ANDRA PRADESH- 517 001. …RESPONDENTS (BY SRI B PRADEEP, ADVOCATE FOR R-1; V/O DATED 30.06.2025, NOTICE TO R-1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 20/06/2017, PASSED IN MVC NO.75/2013, ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, CHIKKABALLAPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured challenging Judgment and Award dated 20.06.2017 passed in M.V.C. No.75 of 2013 by the M.A.C.T., Chikubalapura (for short ‘the Tribunal’). 2. Heard Smt.Suguna R. Reddy., learned counsel appearing for the appellant and Sri.B.Pradeep., learned counsel for the respondent No.2. 3. This appeal is filed by the injured seeking enhancement of compensation, mainly on the ground that the income assessed by the Tribunal at Rs.6,000/- is contrary to the evidence on record, as the injured was working as a taxi driver. In order to prove the same, he has examined PW3 and produced the driving licence at Ex.P15. The employer has clearly deposed that the injured was being paid ₹8,000/- per month as salary and ₹100/- as batta. Hence, he seeks re-assessment of compensation by reassessing income as well as disability. - 3 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 4. Learned counsel appearing for the Insurance Company supports the judgment. It is to be noticed that the appellant met with a road accident on 11.06.2013 and sustained the following fractures; 1. Abrasion 16x4 cm over head 2. Abrasion 4x2 cm over left honel ring finger 3. Abrasion 6x2 cm over back of righ hand 5. A perusal of the records would indicate that the appellant was hospitalized for a period of 23 days and underwent surgery for the aforesaid fractures and injuries. In order to prove the disability, the appellant examined PW2, who opined that the disability to a particular limb is 54.22% and to the whole body is 19%. The Tribunal assessed the income at ₹6,000/- and the disability at 20%. 6. In my considered view, the disability assessed by the Tribunal does not call for interference, as it is based on the evidence on record. However, insofar as income is concerned, the appellant has clearly pleaded that he was - 4 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 working as a taxi driver, and in order to prove the same, he examined PW3 and got marked Ex.P15-driving licence. 7. Considering the facts and circumstances of the case, and keeping in mind the notional income chart prepared by the Karnataka State Legal Services Authority (KSLSA), I am of the considered view that the ends of justice would be met if the income of the injured is assessed at ₹9,000/- per month. Having re-assessed the income and taking note of the fact that the appellant was an inpatient for a period of 23 days, sustained fractures, and underwent surgery, the compensation under other heads also requires to be re-assessed and accordingly, it is re-assessed as under; HEADS AMOUNT (in Rs.) Pain & suffering 45,000.00 Medical bills 6,519.00 Loss of income during laid up period (Rs.9,000 x 4 months) 36,000.00 - 5 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 8. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.4,81,519/- as against Rs.2,71,319/- awarded by the Tribunal. 9. In the result, this Court proceeds to pass the following: ORDER a) The appeal is allowed in part. b) The impugned judgment and award dated 20.06.2017 passed by the Tribunal in M.V.C.No.75/2013 is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.4,81,519/- as against Rs.2,71,319/- awarded by the Tribunal. Loss of future income due to disability (Rs.9,000 x12x15x20%) 3,24,000.00 Loss of amenities 45,000.00 Food, nourishment, conveyance and attendant charges 25,000.00 Total 4,81,519.00 - 6 - HC-KAR NC: 2026:KHC:23159 MFA No. 5680 of 2019 c) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realisation. d) The respondent-Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of the certified copy of this judgment. e) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. f) Registry to transmit the records back to the Tribunal. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE SR List No.: 1 Sl No.: 4