- 1 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.5578 OF 2019(MV-I) BETWEEN: SMT. SHYLAJA, W/O CHANNABASAVAIAH, AGED 38 YEARS, R/O MUDIGERE, KASABA HOBLI, GUBBI TALUK, TUMAKURU DISTRICT - 572 216. …APPELLANT (BY SRI. MOHIT, ADVOCATE) AND: 1. SRI. RAKESH N.H., S/O HANUMANTHAIAH, AGED 47 YEARS, BELLAVI HOBLI, TUMKURU TALUK, TUMKURU DISTRICT - 572 101. 2. UNITED INDIA INSURANCE CO. LTD., BRANCH AT JAYADEVA COMPLEX, B H ROAD, TUMKURU - 572 101, REPRESENTED BY ITS MANAGER. …RESPONDENTS (BY SRI.K.NAGARAJAIAH, ADVOCATE FOR R2; NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED 13.06.2025) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.12.2018 PASSED IN MVC NO.707/2017 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE & JMFC, ADDITIONAL MACT, GUBBI, 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 MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT 1. This appeal is filed by the injured challenging the judgment and award dated 07.12.2018 passed in M.V.C.No.707/2017 by the Additional Senor Civil Judge and Additional M.A.C.T, Gubbi (for short 'the Tribunal'). 2. Heard Sri.Mohit, learned counsel appearing for the appellant and Sri.K.Nagarajaiah, learned counsel appearing for respondent No.2. 3. The injured - claimant is in appeal mainly on the ground that the Tribunal has assessed the income at ₹8,000/- per month and he seeks to re-assess the same at ₹11,000/- per month. It is contented that the injured was inpatient for a period of seven days in the hospital and he - 3 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 was provided treatment. PW2 has assessed the disability at 36.3% to the right upper limb and 11.2% to the whole body. The Tribunal considering the income of the claimant at ₹8,000/- per month and disability at 11.2% has awarded total compensation ₹2,98,400/- with interest at the rate of 6% per annum. 4. Learned counsel for the respondent - insurance company would contend that the injured herself has claimed her income at ₹10,000/- per month. Hence, the notional income cannot be considered. He submits that the award of compensation is just and proper and no scope for enhancement. 5. The appellant met with the road accident on 25.02.2017 and sustained fracture of both forearm bones as per Exs.P4 and P8 and oral evidence of PW2, I am of the considered view that the compensation is required to be re-assessed by re-assessing the income of the injured at ₹11,000/- per month, placing reliance on the notional - 4 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 income chart prepared by the Karnataka State Legal Services Authority. Though the appellant claimed that she used to earn ₹10,000/- per month, such a statement cannot be held against her, when the Notional Income Chart itself indicates the income for the year 2017 is ₹11,000/- per month to the unskilled labour, I am of the view that the same is required to be re-assessed. Having re-assessed the income and taking note of the oral and documentary evidence, the compensation on the other heads are required to be enhanced marginally by retaining percentage of disability assessed by the Tribunal. Hence, the compensation is re-assessed as under: Heads Amount in rupees Medical expenses 60,000.00 Pain and suffering 45,000.00 Food, nourishment, attendant charges and conveyance 25,000.00 Loss of amenities 45,000.00 Loss of future earning due to disability (₹11,000/- x 12 x 15 x 11%) 2,17,800.00 - 5 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 Future medical expenses 20,000.00 Loss of income during the laid up period 33,000.00 TOTAL 4,45,800.00 6. Thus, the appellant-claimant shall be entitled to a total compensation of ````4,45,800/- as against `2,98,400/- awarded by the Tribunal. 7. In the result, this Court proceeds to pass the following: ORDER (i) The appeal is allowed in part. (ii) The impugned judgment and award dated 07.12.2018 passed by the Tribunal in M.V.C.No.707/2017 is modified to an extent that the appellant-claimant would be entitled to total compensation of ` ` ` ` 4,45,800/- as against `2,98,400/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:22430 MFA No. 5578 of 2019 (iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till realization. (iv) 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. (v) The rest of the judgment and award of the Tribunal with respect to apportionment, deposit and release shall remain unaltered. (vi) Registry to transmit the records back to the Tribunal. (vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE GH List No.: 1 Sl No.: 5