- 1 - HC-KAR NC: 2026:KHC:23697 MFA No. 7851 of 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. 7851 OF 2019 (MV-I) BETWEEN: SMT. YASHODAMMA W/O KADRIVELU AGED ABOUT 57 YEARS VEGETABLE VENDOR R/O.CHOWDAMMA STREET SHANTHINAGAR, KALLUDODDI CHIKKAMAGALURU DISTRICT - 577 101. …APPELLANT (BY SRI VINOD GOWDA, ADVOCATE) AND: 1. SRI ANIL KUMAR S/O SRI K. CHANDRU AGED ABOUT 39 EYARS FRIDGE MECHANIC R/O HIREKOLALE ROAD CHIKKMAGALURU - 577 101. 2. SRI SHRUDEEP S/O SRI ARCHANA KUMAR AGED ABOUT 28 YEARS R/O SOLAR AGENCY UPPAHALLI CHIKKAMAGALURU - 577 101. 3. THE BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD. SULTANS, K.T.STREET CHIKKAMAGLURU - 577 101. …RESPONDENTS (BY SRI R. JAI PRAKASH, ADV., FOR R-3; R-1 SERVED & UNREPRESENTED V/O DT:20.02.2023 NOTICE TO R-2 IS DISPENSED WITH) Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23697 MFA No. 7851 of 2019 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.06.2019 PASSED IN MVC No.326/17 ON THE FILE OF THE MACT, 1ST ADDITIONAL SENIOR CIVIL JUDGE, JMFC, CHIKKAMAGALURU, 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 This appeal is filed by the injured challenging the judgment and award dated 19.06.2019 passed in MVC No.326/2017 by the Motor Accident Claims Tribunal, Chikkamagaluru (for short, 'Tribunal'). 2. Heard Sri Vinod Gowda, learned counsel appearing for the appellant and Sri.R.Jaiprakash, learned counsel appearing for respondent No.3. 3. This appeal is filed by the injured mainly on the ground that the Tribunal has failed to consider the oral and documentary evidence and failed to award any compensation under the head of loss of income due to - 3 - HC-KAR NC: 2026:KHC:23697 MFA No. 7851 of 2019 disability and also not awarded compensation on some of the heads. 4. In order to prove the claim, the appellant examined himself as PW.1, got examined Dr.Venkatesh B.S. as PW.2 and got marked Exs.P1 to P33. Respondent examined RW.1 and RW.2 and got marked Exs.R1 to R3. The Tribunal on appreciation of the evidence awarded total compensation Rs.92,249/- with interest @ 6% p.a. 5. The appellant was aged about 55 years at the time of accident and she met with road accident on 18.05.2017 and claimed to be a vegetable vendor. However, the appellant failed to establish the income before the Tribunal. Hence, her income is notionally assessed at Rs.11,000/- p.m. and disability at 4% to the whole body by considering the oral evidence of doctor as well as disability certificate. The Tribunal has failed to award any compensation under the head of loss of income during laid up period and amenities and awarded meager - 4 - HC-KAR NC: 2026:KHC:23697 MFA No. 7851 of 2019 compensation on some of the heads. The same is required to be reassessed. Thus, the appellant - claimant would be entitled to modified compensation as under: 6. Thus, the appellant-claimant shall be entitled to a total compensation of Rs.1,92,129/- as against Rs.92,249/- awarded by the Tribunal. 9. 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 19.06.2019 passed in MVC.No.326/2017 by HEADS AMOUNT (in Rs.) Pain and suffering 50,000/- Loss of amenities 40,000/- Attendant, food and extra nourishment 20,000/- Loss of future income due to disability (Rs.11,000 x 12 x 11 x 4%) 58,080/- Medical Bill 2,049/- Loss of income during laid up period (Rs.11,000 x 2) 22,000/- TOTAL 1,92,129/- - 5 - HC-KAR NC: 2026:KHC:23697 MFA No. 7851 of 2019 the Tribunal is modified to an extent that the appellant-claimant would be entitled to total compensation of Rs.1,92,129/- as against Rs.92,249/-. iii) The enhanced compensation shall carry interest at the rate of 6% p.a. from the date of petition till its realisation. v) Respondents are directed to deposit the compensation amount before the Tribunal within a period of 6 weeks from the date of receipt of certified copy of this judgment. vi) The entire compensation amount shall be released in favour of the claimant. vii) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE DKB List No.: 1 Sl No.: 11