- 1 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.2270/2019 (MV-I) BETWEEN: SMT. MEENA B.K. W/O NAGARAJU H.R. AGED ABOUT 43 YEARS R/O. MANJUNATHA NILAYA 5TH CROSS, BEHIND PETROL BUNK VIDYANAGAR, TIPTUR - 572 201 TUMKURU DISTRICT. …APPELLANT (BY SRI. V.B. SIDDARAMAIAH, ADV.,) AND: 1. THE DIVISIONAL MANAGER BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD., DIVISIONAL OFFICER GOLDEN HEIGHTS 4TH FLOOR, 59TH C CROSS 4TH M BLOCK, BANGALORE - 560 010 REP. BY ITS BRANCH MANAGER HASSAN. 2. SRI. HANUMANTHA RAJU S/O KARIHANUMAIAH AGED ABOUT 42 YEARS R/O NO. 636, JANATHA COLONY HEGGERE POST, TUMAKURU - 572 102 TUMAKURU DISTRICT. …RESPONDENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 (BY SRI. A.N. KRISHNASWAMY, ADV., FOR R1 V/O/DTD:01.09.2023, NOTICE TO R2 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:29.01.2019 PASSED IN MVC NO.867/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE & MACT, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT This appeal is filed by the injured appellant challenging the judgment and award dated 29.01.2019 passed in MVC.No.867/2017 by the III Additional District Judge and MACT, Hassan (for short ‘the Tribunal’). 2. Heard Sri.V.B.Siddaramaiah, learned counsel appearing for the appellant, Sri.A.N.Krishnaswamy, learned counsel for respondent No.1 and meticulously perused the material available on record. 3. This appeal is filed mainly on the ground that the assessment of the appellant’s disability and income are - 3 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 on the lower side and award of compensation under other heads is also required to be enhanced by considering the fact that the appellant sustained a chest injury and was hospitalized as an inpatient for a period of 9 days. 4. It is to be noticed that the appellant met with a road accident on 16.10.2016 and as per the claim petition she was aged about 42 years at the time of the accident, was working as a tailor and used to earn Rs.20,000/- per month. In order to prove the claim, the injured examined herself as PW1 and got marked Ex.P1 to Ex.P15 and also examined Dr. Gowrishankarswamy as CW1 and got marked Ex.C1 and Ex.C2. The Tribunal considering the oral and documentary evidence, awarded a total compensation of Rs.3,85,000/- with 6% interest per annum, directing the Insurance Company to pay the compensation amount and recover the same from the owner of the vehicle on the ground that the driver of the offending vehicle which was insured with the Insurance Company did not possess a valid and effective driving license. - 4 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 5. It is also to be noticed that although the appellant claimed a monthly income of Rs.20,000/- per month, no documentary evidence was produced to substantiate the same. In the absence of proof, income of the appellant is notionally reassessed at Rs.9,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. The evidence of CW1 along with wound certificate at Ex.P8 and discharge summary at Ex.P12 indicate that the appellant sustained the following injuries and fractures: “i) Fracture of the Rt.Acetabulam and left distal radious. ii) Abrasions on the face. iii) Injury to the left side of the chest.” 6. Keeping in mind the aforesaid injuries and oral evidence of the CW1, I am of the considered opinion that the ends of justice would be met by reassessing the disability at 10% as against 6% as determined by the Tribunal. It is not in dispute that the claimant was aged about 42 years at the time of the accident; hence, the - 5 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 appropriate multiplier would be 14, which has been rightly considered by the Tribunal. Having reassessed the income and disability of the appellant/claimant, the appellant/claimant is entitled to compensation under the head of loss of future income due to disability as under: 9,500/- x 12 x 14 x 10% = Rs.1,59,600/- 7. It is also noticed that the Tribunal has awarded compensation of Rs.85,000/- under the head of pain and suffering; however, no compensation is awarded under the head of loss of amenities. Hence, it would be appropriate to award Rs.15,000/- under the head of loss of amenities and excess amount of compensation awarded under the head of pain and suffering can be adjusted towards the amenities. 8. The award of compensation by the Tribunal under the heads of pain and suffering, medical expenses and future medical expenses remains unaltered. However, - 6 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 having reassessed the income, disability and taking note of the oral and documentary evidence, I am of the considered view that the compensation awarded by the Tribunal under other heads is required to be reassessed by appropriately enhancing the same. The appellant is entitled to the modified compensation as under: Thus, the appellant-claimant shall be entitled to total compensation of Rs.5,11,380/- as against Rs.3,85,000/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 85,000 Loss of amenities 15,000 Medical expenses 1,58,280 Loss of income during laid-up period (Rs.9,500 X 3) 28,500 Loss of future income due to disability 1,59,600 Towards conveyance, attendant charges, food and nourishment 25,000 Towards Future medical expenses 20,000 Miscellaneous expenditure 20,000 Total 5,11,380 - 7 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 9. The finding of the Tribunal with regard to the liability as well as the direction for pay and recovery is hereby affirmed. 10. In the result, this Court proceeds to pass the following: ORDER a) Appeal stands allowed in part. b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.5,11,380/- as against Rs.3,85,000/- awarded by the Tribunal. c) The compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. - 8 - HC-KAR NC: 2026:KHC:23730 M.F.A. No.2270/2019 d) The 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 certified copy of this judgment and the Insurance Company is at liberty to recover the same from respondent No.2/owner of the vehicle. e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) The Registry is directed to transmit the records to the Tribunal forthwith. g) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 18