HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MS. JUSTICE TARA VITASTA GANJU MISCELLANEOUS FIRST APPEAL NO.1228 OF 2020(MV-I) BETWEEN: SRI. RAGHU.H.M. S/O MUNIMAREGOWDA ALIAS DURGEGOWDA, AGED ABOUT 26 YEARS, R/AT HOSADURGA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST-562 117. …APPELLANT (BY SMT. NITHYA.V., ADVOCATE FOR SRI. PRAKASH.M.H., ADVOCATE) AND: 1. ORIENTAL INS. CO. LTD., NO.6, ANNAPOORNA COMPLEX, 30 FEET ROAD, 3RD BLOCK, KORAMANGALA, BENGALURU-560 034. REP. BY ITS MANAGER. 2. SRI. PUNEETH KUMAR S/O SHIVALINGEGOWDA, MAJOR, R/AT GARALAURA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DIST-562 117. …RESPONDENTS (BY SRI. S.V.HEGDE MULKHAND., ADVOCATE FOR R1; V/O DTD:31.03.2022, NOTICE TO R2 IS DISPENSED WITH) HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 2 - THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.10.2019 PASSED IN MVC NO.7333/2018 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES, BENGALURU, 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 MS. JUSTICE TARA VITASTA GANJU ORAL JUDGMENT 1. The present appeal has been filed under Section 173(1) of the Motor Vehicles Act, 1988, seeking to challenge Judgment and Award dated 24.10.2019 in MVC.No.7333/2018 passed by the Small Causes and Motor Accident Claims Tribunal at Bengaluru [hereinafter referred to as the “Impugned Judgment”]. 2. By the Impugned Judgement, the claim petition has been allowed and a sum of Rs.12,14,017/- has been granted along with 6% interest to the appellant/claimant, in addition, the appellant/claimant has also been granted future medical expenses. In addition, the Impugned HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 3 - Judgment states that the award on future medical expenses would not carry any interest. 3. By order dated 31.03.2022, service to respondent No.2 was dispensed with by this Court. 4. Learned counsel for the appellant/claimant submits that the challenge in the present appeal is on one ground alone. She submits that while awarding compensation, the income of the injured has been taken at the rate of Rs.8,000/-, whereas in terms of the notional income for the year 2018 was Rs.12,500/-. Learned counsel for the respondent does not dispute this contention and fairly concedes that the notional income for the year 2018 was Rs.12,500/-. 5. The brief facts relevant for this petition are that the appellant/claimant was riding his motorcycle bearing No.KA-42-Y-6355 on 18.11.2018 at about 12.30 p.m., when he reached Doddanna House, Neralehallidoddi Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 4 - District, a rider of another motorcycle bearing No.KA-42/Y- 9407 came from the other side without observing any traffic rules and regulations and collided with the appellant/claimant's vehicle. Due to the collision, the appellant/ claimant fell down sustained grievous injuries and had to be treated in the Kanakapura Government Hospital. Subsequently, the appellant/claimant was shifted to the BGS Global Hospital, where he took treatment as an inpatient for 19 days. It is the case of the appellant/claimant that at the time of the accident he was healthy and he was earning a sum of Rs.30,000/- by running a Non-Veg Restaurant/Hotel at Kodihalli and also doing agricultural works at Hosadura Village. However, due to the accident, he was unable to carry out his avocation nor his normal activities thereafter. 6. An FIR was registered in respect of the accident against the driver of the opposing vehicle and notices were issued to the respondent No.1 being the owner and respondent No.2 being the Insurance Company. Both the HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 5 - respondents appeared before the learned Tribunal and contested the matter. 7. Based on the contentions between the parties, the following issues were framed by the learned Trial Court: “1. Whether petitioner proves that on 18.11.2018 at about 12.30 p.m., he was riding his motorcycle bearing Reg.No.KA-42/Y-6355 slowly and cautiously by observing all traffic rules and regulations and when he reached near Doddanna house, Neralehallidoddi Village, Uyyamballi Hobli, Kanakapura Taluk, Ramanagara District, at that time, rider of the another motorcycle bearing No.KA-42/Y-9407 came from Mullahalli side towards Neralehallidoddi without observing any traffic rules and regulations in a rash and negligent manner and dashed the petitioner’s vehicle. Dule to the said impact, petitioner and fell down and sustained grievous injuries all over the body? 2. Whether petitioner is entitled for compensation? If so, how much and from whom? 3. What order or award?” 8. The appellant/claimant examined himself as PW.1 and examined a Doctor as PW.2. The respondent Nos.1 HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 6 - and 2 did not lead any evidence in their behalf. The learned Tribunal after examining the evidence of the parties, awarded compensation under the following heads: Sl.No Particulars Amount (Rs.) 1 Loss of future income 2,59,200/- 2 Pain and suffering 50,000/- 3 Medical expenses 7,84,817/- 4 Loss of income during laid up period 30,000/- 5 Food and nourishment, conveyance & attendant, charges 30,000/- 6 Loss of future amenity 50,000/- 7 Future medical expenses 10,000/- Total 12,14,017/- 9. It is not disputed by the parties that the national income for the year 2018 is Rs.12,500/-. Since the petitioner was 25 years old, the multiplier would be taken as ‘18’. The disability at 50% of the whole body is also not disputed by the parties. Since the notional income is required to be enhanced, the disability would be calculated as Rs.12,500/- X 12 X 15 X 18/100 = Rs.4,05,000/-. HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 7 - 10. Thus, the compensation awarded by the learned Tribunal is re-assessed in the following manner: Sl.No. Particulars Amount (Rs.) 01 Loss of future income 4,05,000/- 02 Pain and suffering 50,000/- 03 Medical expenses 7,84,817/- 04 Loss of income during laid up period 30,000/- 05 Food and nourishment, conveyance & attendant, charges 30,000/- 06 Loss of future amenity 50,000/- 07 Future medical expenses 10,000/- Total 13,59,817/- 11. The appellant/petitioner is entitled to total compensation of Rs.13,59,817/- along with interest at the rate of 6% per annum from the date of petition till the date of realization. 12. Accordingly, the Court proceeds to pass the following directions: ORDER (i) The appeal is allowed. HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 8 - (ii) The Impugned Judgment and Award dated 24.10.2019 in MVC No.7333/2018 passed by the Small Causes and Motor Accident Claims Tribunal at Bengaluru is modified to the extent that the appellant/claimant is entitled to enhanced compensation of Rs.1,45,800/- along with interest at the rate of 6% per annum from the date of petition till the date of realization, in addition to Rs.12,14,017/- that has been awarded by the Tribunal. (iii) The remaining portion of the Impugned Award of the Tribunal remains undisturbed. (iv) The Insurance Company shall deposit the enhanced compensation with interest at 6% p.a. within a period of eight weeks from the date of receipt of the judgment. (v) The amount in deposit by the Insurance Company before this Court shall be transmitted to the Tribunal within a week. HC-KAR NC: 2026:KHC:7487 MFA No. 1228 of 2020 - 9 - (vi) The Registry is directed to draw the modified Award accordingly. (vii) The Registry is directed transmit a copy of this judgment to the concerned Tribunal, along with its records. (viii) No order as to costs. (TARA VITASTA GANJU) JUDGE NR List No.: 1 Sl No.: 16 Digitally signed by TARA VITASTA GANJU Location: HIGH COURT OF KARNTAKA