- 1 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 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.483/2019 (MV-I) BETWEEN: SRI. PUTTMADAIAH S/O LATE DODDAMADAIAH AGED ABOUT 68 YEARS R/AT BASAVANAPURA VILLAGE CHAMARAJANAGARA TALUK AND DISTRICT-571440. …APPELLANT (BY SRI. MANJESH H.M. ADV.,) AND: 1. KAMALAKARA .M S/O MAHADEVA .M R/AT D NO.2025, 25TH CROSS K.P. AGRAHARA BHUVANESWARINAGARA BANGALORE-560071. 2. KUMAR H.S. S/O SINGEGOWDA R/AT D.NO.27, 2ND CROSS PATTEGARAPALYA MOODALAPALYA MAIN ROAD NEAR H K KALYANAMANTAPA BANGALORE-560071. 3. UNITED INDIA INSURANCE COMPANY LIMITED BRANCH OFFICE 111, 19/1 KALPANA COMPLEX, BIRDS ROAD Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 CANTONMENT, TRICHY. MYSORE BRANCH AT CHAMARAJA DOUBLE ROAD NEAR RAMASWAMY CIRCLE MYSORE-570005. …RESPONDENTS (BY SRI. B.C. SEETHARAMA RAO, ADV., FOR R3 R1 SERVICE OF NOTICE VIDE R(J) CIRCULAR 12.06.2021 COMPLETED DATED 25.11.2021 R2 DEEMED TO HAVE BEEN SERVED V.C.O.DTD:20.11.2023) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09/03/2017, PASSED IN MVC NO.151/2016, ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AND MACT, CHAMARAJANAGAR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL 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 09.03.2017 passed in MVC.No.151/2016 by the Principal District & Sessions Judge and MACT, Chamarajanagar (for short 'the Tribunal'). - 3 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 2. Heard Sri.Manjesh H.M., learned counsel appearing for the appellant, Sri.B.C.Seetharama Rao, learned counsel for respondent No.3 and meticulously perused the material available on record. 3. The injured appellant has filed this appeal seeking for higher compensation mainly on the ground that the Tribunal erred in not awarding any compensation under the heads of loss of future income due to disability and loss of amenities and awarded a meager compensation under other heads. It is to be noticed that the appellant met with a road accident on 01.11.2015 and was admitted to K.R. Hospital, Mysore, where he was an inpatient from 02.11.2015 to 07.12.2015. In order to prove the averments made in the claim petition, the appellant examined himself as PW1 and Dr. Neelanagowda Patil as PW2 and got marked Ex.P1 to P12. The respondent did not adduce any evidence. The Tribunal, considering the oral and documentary evidence on record, awarded a total - 4 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 compensation of Rs.2,04,700/- with interest @ 6% per annum. 4. The appellant claimed that he was an agriculturalist and was also doing milk vending business, earning Rs.1,50,000/- per annum plus Rs.5,000/- per month from the milk vending business. However, to substantiate the same, he has not produced any evidence. In the absence of proof of income, his income is notionally assessed at Rs.9,000/- per month by placing reliance on the notional income chart prepared by the KSLSA. PW2, the doctor in his evidence has deposed that the appellant had sustained fracture of hip joint and acetabulum bone as a result of the accident. The said evidence corroborates with Ex.P4, the wound certificate and other medical evidence on record. The records further indicate that the appellant was an inpatient for a period of 35 days. Taking note of the injuries sustained and oral evidence of PW2, who assessed the disability at 65% to the particular limb, I am of the considered view that it would be just an - 5 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 appropriate to assess disability at 20% to the whole body, which is approximately 1/3rd of the assessment of the doctor. It is not in dispute that the claimant was aged about 65 years at the time of the accident; hence, the appropriate multiplier would be 7, 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: 9,000/- x 12 x 7 x 20% = Rs.1,51,200/- 5. The award of compensation by the Tribunal under the heads of pain and suffering and medical expenses remains unaltered. However, having reassessed the income, disability and taking note of the oral and documentary evidence 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 - 6 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 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.4,13,400/- as against Rs.2,04,700/- awarded by the Tribunal. 6. 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 HEADS AMOUNT (in Rs.) Pain & suffering 50,000 Loss of amenities 50,000 Medical expenses 97,200 Loss of income during laid-up period (Rs.9,000 X 5) 45,000 Loss of future income due to disability 1,51,200 Towards conveyance, attendant charges, food and nourishment 20,000 Total 4,13,400 - 7 - HC-KAR NC: 2026:KHC:23731 M.F.A. No.483/2019 compensation of Rs.4,13,400/- as against Rs.2,04,700/- 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 excluding the interest for the delayed period of 547 days as per the order dated 20.11.2023. 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. 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.: 16