- 1 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO.101914 OF 2022 (MV-I) BETWEEN: SRI. KATHRIKI SHIVAKUMAR @ SHIVANANDA S/O. ESHAPPA, AGE. 31 YEARS, OCC. AGRICULTURIST-CUM-DRIVER, R/O. SHIVANANDANAGARA VILLAGE, H.B. HALLI TALUK, BALLARI DIST.-583212. …APPELLANT (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. ANJANEYA M., ADVOCATE) AND: 1. GIRIYAPPA P.BUDANOOR @ GIRIYAPPA, AGE. 30 YEARS, OCC. DRIVER OF KSRTC BUS BEARING NO.KA-34/F-601, R/O. HAGARIBOMMANAHALLI, H.B. HALLI TALUKA, DIST. BALLARI.-583212. 2. THE DIVISIONAL MANAGER, KSRTC HOSAPETE DIVISION, HOSAPETE, BALLARI DIST.-583202. …RESPONDENTS (SERVICE OF NOTICE TO R1 IS DISPENSED WITH; NOTICE TO R2 IS SERVED AND UNREPRESENTED) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFIED THE JUDGMENT AND AWARD DATED 18.02.2020 BY ENHANCING THE AWARD AMOUNT IN MVC NO.817/2018 PASSED BY THE SENIOR CIVIL JUDGE AND MEMBER MOTOR ACCIDENT CLAIMS TRIBUNAL-XIII, AT HAGARIBOMMANAHALLI, BY ALLOWING THIS APPEAL WITH COST IN THE ENDS OF JUSTICE AND EQUITY. Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in MVC No.817/2018 dated 18.02.2020 by the Senior Civil Judge and MACT-XII, Hagaribommanahalli (for short “the Tribunal”), the claimant is before this Court seeking enhancement of the compensation. 2. The Tribunal has awarded the compensation as per the table given below: Sl. No. Head Amount 1. Towards future loss of income : Rs. 3,67,200/- 2 Towards pain and agony : Rs. 60,000/- 3 Towards medical expenses actually incurred : Rs. 1,76,028/- 4 Towards traveling expenses : Rs. 25,000/- 5 Towards food and nourishment and attendant charges : Rs. 20,000/- 6 Towards loss of amenities and discomforts : Rs. 50,000/- 7 Towards loss of income during laid up period : Rs. 75,000/- Total : Rs. 7,73,228/- - 3 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 3. Learned counsel appearing for the appellant/claimant submits that the accident had occurred in the year 2017. The Tribunal ought to have taken the monthly income of the claimant as Rs.10,250/- but has taken Rs.7,500/-. It is submitted that the amount awarded by the Tribunal under the head of pain and suffering is unjust and unreasonable. It is submitted that the doctor has opined that the claimant has sustained the disability of 74%. The Tribunal ought to have taken 30% disability to the whole body but has taken 24% disability. It is submitted that the amount awarded by the Tribunal under the head of loss of amenities is also unjust and unreasonable and prays to enhance the compensation amount. 4. Though notice is served on the respondent No.2- Corporation, no vakalath is filed on their behalf. 5. Having heard the learned counsel appearing for the appellant, perused the material on record. 6. The appellant/claimant had sustained injuries i.e., bilateral limb externally rotated, right leg open wound with exposed soft tissue tibia end, fibular head exposed, grazed abrasion present both medical aspect of thigh, and swelling with - 4 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 tenderness left thigh and left parietal area cut lacerated wound and all the five injuries are grievous in nature and therefore, the amount of Rs.1,76,028/- awarded by the Tribunal under the head of medical expenses and of Rs.45,000/- towards incidental expenses (Rs.25,000/- towards traveling expenses and Rs.20,000/- food, nourishment, attendant charges etc.,) is just and reasonable and does not call for interference by this Court. 7. Coming to the monthly income of the claimant, the Tribunal has wrongly taken income of the claimant as Rs.7,500/- per month. Considering the chart prepared by the Karnataka State Legal Services Authority, as this is an accident of the year 2017, this court is taking the income of the claimant as Rs.10,250/- per month. 8. This Court has taken the monthly income of the claimant as Rs.10,250/- and therefore under the head of loss of income during the laid up period, the claimant is entitled to Rs.1,02,500/- (Rs.10,250 x 10). 9. Coming to the loss of future earnings, the doctor had assessed the disability as 74% and 1/3rd of it comes to 24.66%. This Court is taking 25% disability to the whole body. As the - 5 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 disability is reassessed as 25%, this Court is also granting future prospects of 40% to the claimant. The income of the claimant after adding 40% future prospects, would come to Rs.14,350/- per month (Rs.10,250 + Rs.4,100/-). Therefore, under the head of loss of future earnings due to disability, the claimant is entitled to Rs.7,31,850/- [Rs.14,350 x 12 (months) x 17 (multiplier) x 25% (disability)]. 10. Considering the multiple injuries and the disability sustained by the claimant, this Court is granting an amount of Rs.75,000/- towards loss of amenities and an amount of Rs.70,000/- towards pain and sufferings. 11. Further in the light of the law laid down by the Hon'ble Supreme Court in the case of V.MEKALA vs. M. MALATHI AND ANOTHER1, the claimant is entitled for an amount of Rs.10,000/- towards legal expenses. 12. Altogether, the claimant is entitled for an amount of Rs.12,10,378/- as against Rs.7,73,228/- awarded by the Tribunal. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 13. The claimant is therefore, entitled to the compensation under the following heads: Sl. No. Head Amount awarded by the Tribunal Amount awarded by this Court. 1. Towards loss of future income : Rs. 3,67,200/- 7,31,850/- 2 Towards pain and agony : Rs. 60,000/- 70,000/- 3 Towards medical expenses : Rs. 1,76,028/- 1,76,028/- 4 Incidental charges i.e., towards traveling expenses, food, nourishment, attendant charges etc., : Rs. 45,000/- 45,000/- 5 Towards loss of amenities and discomforts : Rs. 50,000/- 75,000/- 6 Towards loss of income during laid up period : Rs. 75,000/- 1,02,500/- 7. Towards legal expenses : Rs. 00/- 10,000/- Total : Rs. 7,73,228/- 12,10,378/- i. Accordingly, the Appeal is allowed-in-part, enhancing the compensation amount from Rs.7,73,228/- to Rs.12,10,378/-. ii. The enhanced amount shall carry interest at 6% p.a. from the date of petition till the date of realization. - 7 - HC-KAR NC: 2026:KHC-D:799 MFA No. 101914 of 2022 iii. The respondent - insurance company shall deposit the amount within a period of eight weeks from the date of receipt of copy of the judgment. On such deposit, the claimant is entitled to withdraw the entire amount without furnishing any security. iv. Registry is directed to send certified copy of the order passed by this Court forthwith without any delay. v. No costs. vi. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI YAN CT: UMD List No.: 1 Sl No.: 30