- 1 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.7769 OF 2024(MV-I) BETWEEN: KUMARA B S/O BETTEGOWDA, AGED ABOUT 40 YEARS, R/AT BOREMEGALAKOPPALU VILLAGE, CHINAKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT - 571 439 …APPELLANT (BY SRI. SREENIVASAN M.Y, ADVOCATE) AND: 1. DR GOPALAKRISHNA R S/O RAJAGOPALA S, MAJOR, R/AT SIR LAKSHMINARAYANA NILAYA, 1 STAGE, 1 PARALLEL 3RD CROSS, JAYANAGARA WEST, TUMAKURU - 572 101. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 2. THE MANAGER, ZUNO GENERAL INSURANCE CO. LTD., R/AT KAMALA ARCADE, 1 FLOOR, NEW NO.71, (OLD NO. 88/A) 26TH MAIN, 37TH B CROSS, JAYANAGARA 9TH BLOCK, BENGALURU - 560 069. …RESPONDENTS (BY SRI. A.N. KRISHNA SWAMY, ADVOCATE FOR R2, VIDE ORDER DATED 13.12.2024, NOTICE TO R1 IS DISPENSED WITH THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.08.2024 PASSED IN MVC NO. 1040/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND MACT, PANDAVAPURA, 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 - 3 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 ORAL JUDGMENT 1. This appeal is by the injured claimant against the judgment and award dated 01.08.2024 passed by the Tribunal in MVC No.1040/2023 seeking enhancement of compensation. 2. The case of the claimant is that when he was traveling as a pillion rider on 07.05.2023, he met with an accident and as such, he filed the claim petition claiming compensation of Rs.14,80,000/- with interest at the rate of 24% p.a. for the injuries sustained by him in the said accident. 3. The Tribunal, on assessment of the evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of future income 2,42,640 2. Pain and Sufferings 30,000 3. Nourishment and diet expenses 10,000 4. Attendance & conveyance charges 10,000 5. Loss of income during the laid up period 45,000 - 4 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 6. Loss of amenities 15,000 7. Medical bills 5,000 Total 3,57,640 4. Aggrieved by the aforesaid award, the claimant has preferred this appeal mainly contending that though he was earning Rs.30,000/- per month by doing agricultural and collie work, the Tribunal has assessed his income as Rs.14,979/-, which is on the lower side. He further contended that though as per the wound certificate - Ex.P2, the claimant has suffered fracture of right bennet (right wrist joint) and the Doctor has assessed the disability at 26% to the right upper limb, the Tribunal has assessed the disability at 9%, which is again on the lower side. He also contended that the amount awarded under the head loss of amenities is also on the lower side. Thus, he requested for enhancement of compensation. 5. On the other hand, the respondent-insurer contended that the Tribunal has rightly awarded the compensation - 5 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 and the same does not require any interference at the hands of this Court. 6. Heard the learned counsel appearing for both the parties and perused the materials on record. 7. It is seen that though the claimant has stated that he was earning Rs.30,000/- per month by doing agricultural and coolie work, he has not placed any material to substantiate his income. Since there is no credible documentary evidence to ascertain the actual monthly income of the claimant, it would be appropriate and prudent to adopt the notional income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2023, would be Rs.16,000/-. 8. Since the claimant was aged 40 years as on the date of accident as per Ex.P6 - aadhar card, the multiplier to be adopted would be "15". 9. Since the claimant has suffered fracture of right bennet (right wrist joint) and the Doctor has assessed the - 6 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 disability as 26% to the right upper limb, 1/3rd of the same would be 9%, which is just and proper and the same does not require any interference. 10. Thus, the claimant would be entitled to Rs.2,59,200/- (Rs.16,000/- X 12 X 15 X 9%) as compensation towards loss of future earnings. 11. As the Tribunal has taken the laid up period as three months and as the notional income has now been assessed as Rs.16,000/-, the claimant would be entitled for Rs.48,000/- (Rs.16,000/- X 3 months) as compensation towards loss of income during laid up period. 12. Having regard to the nature of injuries suffered and the period of hospitalization, it would be appropriate to award a sum of Rs.25,000/- as against Rs.15,000/- towards loss of amenities and a sum of Rs.30,000/- as against Rs.20,000/- towards nourishment, diet, attendant charges, conveyance etc. - 7 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 13. The compensation awarded under other heads i.e., Rs.30,000/- towards pain and sufferings and Rs.5,000/- towards medical bills, being just and proper, do not require any interference. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Loss of future income 2,42,640 2,59,200 2. Pain and Sufferings 30,000 30,000 3. Nourishment and diet expenses 10,000 4. Attendance & conveyance charges 10,000 30,000 5. Loss of income during the laid up period 45,000 48,000 6. Loss of amenities 15,000 25,000 - 8 - HC-KAR NC: 2026:KHC:1904 MFA No. 7769 of 2024 7. Medical bills 5,000 5,000 Total 3,57,640 3,97,200 15. Thus, the claimant is held entitled to the total compensation of Rs.3,97,200/- as against Rs.3,57,640/- awarded by the Tribunal, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurance Company is directed to deposit the amount of compensation awarded within a period of one month from today. On such deposit, the claimant is permitted to withdraw the same along with interest accrued on it. Draw the modified award accordingly. The appeal is accordingly allowed in part. SD/- (P SREE SUDHA) JUDGE PKS/List No.: 1 Sl No.: 68