- 1 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 8144 OF 2024 (MV-I) BETWEEN: KRISHNA M N @ KRISHNEGOWDA S/O NINGEGOWDA AGED ABOTU 33 YEARS, R/AT BANAKUPE, MUDALAKOPPALU VILLAGE HALEKOTE HOBLI, H N PURA TALUK HASSAN DIST RICT 573201 PRESENTLY RESIDING AT C/O AJAY T.R DEVAMMA BADAVANE, NEAR BUS STAND, CHANNAPATNA HASSAN- 573201 …APPELLANT (BY SRI. CHETHAN B., ADVOCATE) AND: 1. SANTHOSHA D K S/O D K KUMAR MAJOR R/AT DODDAKARADEVU VILLAGE DANDIGANAHALLI HOBLI C R PATNA TALUK HASSAN DISRICT 573201 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 2. THE BRANCH MANAGER NATIONAL INSURANCE CO., LTD., SHRI MANJUNATHESHWARA COMPLEX BUS STAND ROAD, P B NO. 112 HASSAN 573201 …RESPONDENTS (BY SRI. C.SHANKAR REDDY., ADVOCATE FOR R2; V/O DT.31.07.2025, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.06.2024 PASSED IN MVC NO.1328/2021 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, MEMBER, ADDITIONAL MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT Heard the arguments of both sides. 2. This appeal is filed by the appellant/claimant against the judgment and award of the tribunal passed in MVC.No.1328/2021 dated 13.06.2024 by the Principal Senior Civil Judge and CJM and Member, Additional M.A.C.T., Hassan. - 3 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 3. The injured claimant, who is aged about 30 years, met with an accident on 27.04.2021 and filed a claim petition seeking compensation of Rs.25,00,000/-. The tribunal, after considering the entire evidence on record, granted a total compensation of Rs.3,61,019/- with an interest rate of 7% per annum from the date of petition till realization. 4. Being aggrieved by the said judgment and award passed by the tribunal, the appellant has preferred the present appeal in which it is contended that the disability was not properly appreciated and the income of the appellant/claimant was not properly assessed, so the compensation granted is meagre. Therefore, requested for enhancement of the compensation. 5. Though appellant/claimant stated that he was working as a security guard at the Jockey Factory and earning Rs.35,000/- per month, but he has not filed any - 4 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 income proof. He was aged 39 years as per the wound certificate, and the multiplier applicable is 15. 6. The appellant/claimant sustained a fracture of patella right, 3rd, 4th, 5th metacorpal right as per the Ex.P6-wound certificate and he was examined by the doctor. The doctor assessed the disability as 10% to the whole body. 7. The tribunal has taken the income as Rs.11,473/-, This Court deems it appropriate to take the income as 15,000/- as he met with an accident in the year 2021, as per the chart prepared by the Karnataka State Legal Services Authority. So the loss of future earning capacity comes to Rs.15,000/-X12X15X10% = Rs.2,70,000/- as against Rs.2,06,519/-. 8. The tribunal granted Rs.1,08,000/- towards medical expenses as per Ex.P10 and it is confirmed. This Court finds it reasonable to grant an amount of Rs.50,000/- towards pain and suffering as against - 5 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 Rs.20,000/-. Rs.30,000/- towards loss of amenities and enjoyment of life as against Rs.5,000/- and also an amount of Rs.30,000/- for transportation, diet, nourishment, conveyance and attendant charges as against Rs.10,000/-. 9. He might not have attended any work for atleast for a period of three months. Therefore, this Court finds it reasonable to grant an amount of Rs.45,000/- towards loss of income during the laid up period as against Rs.11,500/- 10. The total compensation comes to Rs.50,000/-+ +Rs.1,08,000/- + Rs.30,000/-+ Rs.45,000/- + Rs.2,70,000 + Rs.30,000/- = Rs.5,33,000/-. 11. Thus, in all, the claimant is entitled for the following compensation: SL.NO. PARTICULARS AMOUNT (IN.RS.) 1. Towards Pain and suffering 50,000.00 - 6 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 2. Medical expenses 1,08,000.00 3. Diet, Nourishment, Conveyance and attendant charges 30,000.00 4. Towards loss of income during laid-up period 45,000.00 5. Loss of future income on account of permanent physical disability 2,70,000.00 6. Loss of amenities and enjoyment of life 30,000.00 TOTAL 5,33,000/- 12. The Tribunal has awarded the compensation of Rs.3,61,019/- but the appellant/claimant is entitled to total compensation of Rs.5,33,000/-. Therefore, compensation is enhanced from Rs.3,61,019/- to Rs.5,33,000/-. 13. Accordingly, I proceed to pass the following: ORDER i. The appeal is allowed-in-part. - 7 - HC-KAR NC: 2026:KHC:1397 MFA No. 8144 of 2024 ii. The judgment and award passed by the Tribunal in M.V.C. No.1328/2021 dated 13.06.2024 by the Principal Senior Civil Judge and CJM and Member, Additional. M.A.C.T., Hassan is hereby modified holding that the claimant is entitled for enhanced compensation of Rs.5,33,000/- along with interest @ 7% p.a. iii. Insurance company already deposited the award amount of Rs.3,61,019/- before the tribunal. Therefore, the Insurance Company is directed to deposit the enhanced compensation of Rs.1,71,981/- with interest within 1 month from the date of this order. On such deposit, appellant/claimant is permitted to withdraw the entire amount along with interest on the said amount. iv. Ordered accordingly. Sd/- (P SREE SUDHA) JUDGE RCK List No.: 1 Sl No.: 85