- 1 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 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.101450/2021 (MV) BETWEEN: LOKESWARAPPA N. @ LOKESH N. S/O. HANUMANTHAPPA N., AGED ABOUT 53 YEARS, OCC. AGRICULTURIST, R/O. JAJARAKALLU VILLAGE, D HIREHAL MANDALAM, RAYADURGA TALUK, ANANTHAPUR DISTRICT-515865. - APPELLANT (BY SMT. SOUBHAGYA S.VAKKUND, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) AND: 1. RAVINDRA PRASAD K C @ RAVI, S/O. SUBRAMANYA SETTY, AGED ABOUT 48 YEARS, DRIVER OF THE CAR BEARING NO.KA-34/N-3260, R/O.#173, KUBERA NAGAR, K.K. PURA, RAMPURA, MOLKALMURU TALUK, CHITRADURGA DISTRICT-577555. 2. K.G. ANIL KUMAR, AGED ABOUT 53 YEARS, OWNER OF THE CAR BEARING NO.KA-34/N-3260, R/O. W.NO.30, C/O. TURPU RAMA REDDY, ALLIPURA POST, NEAR MARUTHI SHOW ROOM, BALLARI-583101. 3. THE DIVISIONAL MANAGER, M/S. NATIONAL INSURANCE COMPANY LIMITED, PARVATHI NAGAR, BALLARI-583101, BEARING POLICY NO.61030131/18/0003123 VALID FROM 05.07.2018 TO 04.07.2019. - RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R3 NOTICE TO R1 AND R2 IS DISPENSED WITH) Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173 (1) OF MOTOR VEHICLES ACT, PRAYING TO MODIFY THE JUDGMENT AND AWARD DATED 04.08.2021 PASSED IN MVC NO.124/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BALLARI, BY ENHANCING THE COMPENSATION FROM RS.1,29,585/- TO RS.15,00,000/- TO APPELLANT AND ETC. THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL JUDGMENT Aggrieved by the award passed in M.V.C. No. 1244/2018 dated 04.08.2021 by the learned II Addl. Dist. & Sessions Judge and AMACT, Ballari (for short, the ‘Tribunal’) the claimant is before this Court seeking enhancement of the compensation. The Tribunal has awarded the compensation as per the table given below. Sl. No. Head Amount 1. Towards medical expenses 52,165.00 2. Towards food, extra nourishment and medical attendant expenses 500.00 3. Towards conveyance charges 3,000.00 4. Towards loss on income during the treatment 470.00 5. Towards pain, suffering and mental agony 10,000.00 6. Towards loss of future income/ prospects 63,450.00 Total 1,29,585.00 - 3 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 2. Learned counsel appearing for the claimant submits that there is an amputation of the toe, and on all the heads the compensation that is awarded by the Tribunal is on the lower side. It is submitted that when the doctor had opined that the disability is 10% but the Tribunal had taken 5% as disability without any basis. The petitioner has lost 4th and 5th toe. Hence the claimant is before this Court seeking enhancement of the compensation. 3. Learned counsel appearing for the respondent No.3/Insurance Company submits that the Tribunal has taken the disability at 5%, but it ought to have taken the disability at 3%. As per the Workman Compensation Act, if there is loss of any toe, the disability is 3%. But the Tribunal had considered 5%. It is submitted that on all the other heads the compensation that is awarded by the Tribunal is just and reasonable and no enhancement is called for. 4. Having heard the learned counsels on either side, perused the entire material on record. There is an amputation of 4th and 5th toe. Considering the same, under the head of pain and suffering this Court is granting an amount of Rs.40,000/-. As - 4 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 regards to the medical expenses and incidental expenses there are no reasons to interfere with the award passed by the Tribunal and no enhancement is called for. Coming to the loss of income during the laid up period, considering that this accident had occurred in the year 2018, this Court is taking the income at Rs.11,750/- as per the chart prepared by the Karnataka state Legal Service Authority for three months it would comes to an amount of Rs.35,250/- (Rs.11,750/- x 3). Hence, towards loss of income during the laid up period this Court is granting an amount of Rs.35.250/-. 5. Coming to the loss of future income, as there is amputation of two toes i.e. 4th & 5th toe and the Doctor has opined that the disability is 10%. Without any basis, the Tribunal had taken 5% and this Court is taking the disability at 10%. Hence, this Court is granting an amount of Rs.1,26,000/- (Rs.11,750/- x12x9x10/100) towards loss of future income. Considering the disability, an amount of Rs.10,000/- is awarded towards loss of amenities. - 5 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 6. 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. 7. The claimant is therefore entitled for the compensation under the following heads: Sl. No. Particulars Award of Tribunal Award of High Court 1. Towards medical expenses 52,165/- 52,165/- 2. Towards food, extra nourishment, medical attendant expenses & conveyance expenses 3,500/- 3,500/- 3. Towards loss of income during the treatment 470/- 35,250/- 4. Pain and suffering 10,000/- 40,000/- 5. Loss of future income 63,450/- 1,26,900/- 6. Loss of amenities 00/- 10,000/- 7. Legal expenses 00/- 10,000/- Total 1,29,585/- 2,77,815/- 8. Altogether the claimant is entitled for an amount of Rs.2,77,815/-. 1 (2014) 11 SCC 178 - 6 - HC-KAR NC: 2026:KHC-D:751 MFA No. 101450 of 2021 9. Accordingly the appeal of the claimant is partly allowed by enhancing the compensation from Rs.1,29,585/- to Rs.2,77,815/-. i. The enhanced amount shall carry interest at 6% per annum from the date of petition till the date of realization. ii. The 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 amount without furnishing any security, as per the conditions imposed by the Tribunal. iii. Registry is directed to return the Trial Court records to the Tribunal, along with certified copy of the order passed by this Court forthwith without any delay. iv. No costs. v. Pending miscellaneous petitions, if any, shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD List No.: 1 Sl No.: 1