- 1 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.8934/2019 (MV-I) BETWEEN: SRI. SHRINATH ALIAS SREENATH ALIAS SHRINATHA RAO P.N. S/O PURSHOTHAMA RAO AGED ABOUT 45 YEARS R/O. SHANTHINAGARA HOUSE PADNOOR VILLAGE AND POST PUTTUR TLAUK, D.K. DISTRICT 574 201. …APPELLANT (BY SRI. RAJARAM S, ADV.,) AND: 1. PRASANNA UPADHYAYA S/O PADMANABHA UPADHYAYA AGED 22 YEARS R/O. NO.3-94, UGRANASHITHLU HOUSE KAVALAPADOOR VILLAGE KARINJA POST, BANTWAL TALUK DK DISTRICT 574265. 2. UNITED INDIA INSURANCE COMPANY LTD., BRANCH OFFICE : PRABHU BUILDING OPP. ARUNA TALKIES, MAIN ROAD PUTTUR TALUK, D.K. DISTRICT 574 201 POLICY NO.0708023116P100797283/1 VALID FROM 03.05.2016 TO 02.05.2017. …RESPONDENTS Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 (BY SRI. RAVISH BENNI, ADV., FOR R2 V/O/DTD:21.08.2024 NOTICE TO R1 D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.24.04.2019 PASSED IN MVC NO.2061/2017 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, D.K, MANGALURU SITTING AT PUTTUR, D.K. 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 appellant seeking for higher compensation challenging the judgment and award dated 24.04.2019 passed in MVC.No.2061/2017 by the V Additional District & Sessions Judge and Member Additional MACT, D.K. Mangaluru, sitting at Puttur, (for short 'Tribunal'). 2. Though this appeal is listed for admission, with the consent of learned counsel for the parties, it is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 3. Sri.Rajarama S., learned counsel for the appellant submits that the Tribunal has committed an error in assessing the disability of the injured appellant at 8%, which is contrary to the evidence on record. It is submitted that the Tribunal has erred in awarding meager compensation under the head of loss of amenities. Hence, he seeks to enhance the same appropriately by considering the evidence on record. 4. Per contra, Sri.Ravish Benni, learned counsel for contesting respondent supports the impugned judgment and award of the Tribunal and submits that the Tribunal without any evidence on record has assessed the income of the injured appellant at Rs.12,000/- per month, whereas, as per the notional income chart prepared by the KSLSA, the income should have been Rs.11,000/-. Hence, there is no merit in the appeal filed by the appellant/claimant and seeks to dismiss the appeal. - 4 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 5. I have heard the arguments on both sides and perused the material available on record. 6. It is to be noticed that in a road accident dated 19.01.2017, the appellant sustained following fractures: "1) type II open fracture 2/3 Left tibia and comminuted fracture. 2) Fracture proximal phalynx of the left great toe. 3) Fracture upper 1/3 of the left fibula bone." The appellant was provided treatment for the above fractures, which is evident from Ex.P17 to Ex.P20. In order to prove the disability, the appellant examined PW2 and also produced the medical records. The disability certificate at Ex.P20 indicates that the doctor assessed the disability at 10%. However, considering the evidence, the Tribunal has rightly assessed the disability at 8%, which does not call for any modification. The Tribunal taking note of the evidence on record has rightly awarded compensation under all heads except under the head of loss of amenities. In view of this, by confirming the - 5 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 impugned judgment and award of the Tribunal, an additional sum of Rs.30,000/- is awarded under the head of loss of amenities. Consequently, the appellant is entitled to a total compensation of Rs.40,000/- under the head of loss of amenities as against Rs.10,000/- originally awarded by the Tribunal. 7. The judgment and award of the Tribunal is modified to the aforesaid extent. The additional compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. 8. In modification of the impugned judgment and award of the Tribunal to the above extent, the appeal stands partly allowed. The respondent/insurer shall deposit the additional compensation amount with accrued interest before the Tribunal within six weeks from the date of receipt of certified copy of this judgment. On such - 6 - HC-KAR NC: 2026:KHC:13309 M.F.A. No.8934/2019 deposit, the same shall be released in favour of the appellant. Registry to draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 2 Sl No.: 6