- 1 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1683/2020 (MV-I) BETWEEN: RAMESH S/O LATE SANGAPPA AGED 42 YEARS OCC: BUSINESS OWNER AND DRIVER OF MARUTHI OMNI VEHICLE BEARING REG NO.KA-17/P-3615 PERMANENT R/O HANAGAWADI VILLAGE HARIHARA TALUK-577 601 DAVANAGERE DISTRICT. …APPELLANT (BY SRI. R. SHASHIDHARA, ADV.,) AND: 1. EXPRESS ROADWAYS PVT LTD KAMLAGUPTHA, R/AT NO.5-64/182 S.NO.603,PASAMAMLA PEDDAAMBERPET VILLAGE HAYATHNAGARA TELANGANA-500 070 II ADDRESS EXPRESS ROADWAYS PVT. LTD. PLOT NO.1, 9TH BLOCK NO.42 DOUBLE ROAD, AUTONAGAR HYDRABAD-500070 ANDRA PRADESH. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 2. THE MANAGER DHDFC ERGO GENERAL INSURANCE CO. LTD. 2ND, 4TH FLOOR BEING OFFICE, NO.401 AND 402 KUCHIKULLA HOUSE IN HIMAYATHNAGARA HYDRABAD-500 070 ANDRA PRADESH. …RESPONDENTS (BY SRI. H.S. LINGARAJ, ADV., FOR R2 V/O/DTD:04.01.2023, NOTICE TO R1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.08.2019 PASSED IN MVC NO.71/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, VI MACT, DAVANAGERE, 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 challenging the judgment and award dated 20.08.2019 passed in MVC.No.71/2018 by the II Additional Senior Civil Judge and VI MACT, Davanagere, (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 2. Though this appeal is listed for admission, with the consent of the learned counsel for the parties, it is taken up for final disposal. 3. Sri.R.Shashidhara, learned counsel appearing for the appellant submits that the Tribunal has committed a grave error in assessing the income of the injured appellant at Rs.9,000/- per month, hence he seeks to reassess the same at Rs.11,000/- per month as per the notional income chart prepared by the KSLSA. It is submitted that the Tribunal has awarded meager compensation under the heads of pain and suffering, loss of amenities and other conventional heads, hence he seeks to reassess the same and enhance the compensation by considering the oral and documentary evidence available on record. Accordingly, he seeks to allow the appeal. 4. Per contra, Sri.H.S.Lingaraj, learned counsel for respondent No.2 supports the impugned judgment and - 4 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 award of the Tribunal and submits that the appellant has failed to produce the evidence with regard to his income. In the absence of such proof, the Tribunal has rightly assessed the income at Rs.9,000/- per month, considered the disability at 5% and awarded just and reasonable compensation. It is submitted that there is no scope for enhancement of compensation. Accordingly, he seeks to dismiss the appeal. 5. I have heard the arguments on both the sides and meticulously perused the material on record. 6. The parties to the proceedings do not dispute that the appellant met with a road accident on 12.04.2017 and sustained comminuted fracture of 5th Metacarpal bone of left hand. The records indicate that there were internal fixation with K wire to the left hand and the doctor opined that the appellant has developed deformity around 5th Metacarpal region causing weak grip strength and restriction in movement. The Tribunal has therefore, - 5 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 assessed the disability at 18%. The Tribunal, taking into consideration the nature of injuries and the treatment provided, assessed the disability at 5% to the whole body. However, considering the evidence of PW4, 1/3rd of the 18% would be 6%. Accordingly, this Court reassesses the disability at 6% to the whole body. Admittedly, no evidence has been produced with regard to the income of the injured appellant, hence his income is notionally assessed at Rs.11,000/- per month by placing reliance on the notional income chart prepared by the KSLSA. It is not in dispute that the claimant was aged about 41 years at the time of the accident; therefore, the 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: Rs.11,000 X 12 X 14 X 6% = Rs.1,10,880/-. - 6 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 7. The Tribunal awarded a sum of Rs.41,031/- towards medical expenses, which is unaltered. However, taking note of the oral evidence of appellant/claimant, the testimony of PW4, and other medical evidence available on record, 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. Accordingly, The appellant is entitled to the modified compensation as under: Thus, the appellant-claimant shall be entitled to total compensation of Rs.2,84,911/- as against Rs.1,50,631/- awarded by the Tribunal. HEADS AMOUNT (in Rs.) Pain & suffering 40,000 Loss of amenities 40,000 Medical expenses 41,031 Loss of income during laid-up period (Rs.11,000 X 3) 33,000 Loss of future income due to disability 1,10,880 Towards conveyance, attendant charges, food and nourished food 20,000 Total 2,84,911 - 7 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 8. 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.2,84,911/- as against Rs.1,50,631/- awarded by the Tribunal. c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment. 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. - 8 - HC-KAR NC: 2026:KHC:16537 M.F.A. No.1683/2020 e) On such deposit, the Tribunal shall release the entire enhanced compensation amount in favour of the appellant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 14