- 1 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 406 OF 2015 (MV-I) BETWEEN: MR. SHASHIDHARA S/O JATHANNA MALEKUDIYA, AGED ABOUT 35 YEARS, R/AT HOIGE GADDE HOUSE, CHIBIDRE VILLAGE, KAKKINJA POST, BELTHANGADY TALUK, D.K PRESENTLY RESIDING AT KRUPA COMPOUND, NEAR UJJODI, MANGALORE TALUK-575 005. …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. THE NATIONAL INSURANCE CO. LTD., SHREE KSHETHRA DHARMASTHALA BUILDING, MAIN ROAD, PUTTUR, LOCAL ADDRESS: DIVISIONAL OFFICE, 2ND FLOOR, BHARATH BUILDING, P.M. RAO ROAD, MANGALORE-575 001, REPRESENTED BY ITS MANAGER. 2. MR. ABDUL RAHAMAN, S/O M. MOHAMMED, AGED ABOUT 54 YEARS, C/O SHALIMAR AGENCIES, GANDHINAGAR, SULLIA-574 239. …RESPONDENTS Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 (BY SRI. M.S. SRIRAM, ADVOCATE FOR R-1; R-2 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.06.2014 PASSED IN MVC NO.1522/2010 ON THE FILE OF THE III ADDITIONAL SENIOR CIVIL JUDGE, JMFC, MACT, MANGALURU, 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 MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT The Tribunal passed a common award in MVC No.1394/2010 and 1592/2010 dated 07.6.2014. This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 07.06.2014 passed in MVC NO.1522/2010 on the file of the III Additional Senior Civil Judge, JMFC, MACT, Mangaluru, D.K., for enhancing the compensation. - 3 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 2. Heard the arguments of the learned counsel for the appellant and respondent. The ranks of the parties are retained as per tribunal for the sake of convenience. 3. Injured claimant met with an accident on 17.05.2010 and filed claim petition claiming compensation of Rs.6,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.2,98,900/- with interest at the rate of 6% p.a. from the date of petition till realization. 4. Aggrieved by the said order, he preferred an appeal and mainly contended that petitioner sustained fracture of superior and inferior Rami of pubic bone on both sides, fracture of anterior column of right acetabulum, roof of the right acetabulum and fracture of right ilium and right sacral ala, which are grievous in nature. He was hospitalized for a period of 40 days. But the Tribunal granted meager amount under the other heads. He was working as a coolie and earning Rs.300/- per day. But the income of petitioner was taken as - 4 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 Rs.150/- per day. The doctor assessed the disability as 15%, but the Tribunal has taken only 5%. Therefore, requested for enhancement of the compensation. 5. The petitioner was working as a mason and earning Rs.150/- per day, he has not filed any income before. As he met with an accident in the year 2010, his notional income is to be taken as Rs.5,500/- per month as per the chart prepared by Karnataka State Legal Services Authority. The petitioner was aged 30 years and the multiplier taken is 17. In the disability certificate, doctor assessed the disability as 15% and it was also mentioned that he sustained urethra damage and thus catheter is to be inserted for passing urine, for his entire life. It is also observed by the Tribunal that he is still unmarried. Due to the disability sustained by him, he could not perform his marriage. Therefore, this court finds it reasonable to take the disability as 15% as per the medical evidence. Hence, the loss of future income comes to Rs.5,500 x 12 x 17 x 15% = Rs.1,68,300/-. Further, the Tribunal granted - 5 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 Rs.95,000/- towards medical expenses and it is confirmed. Considering the period of hospitalisation, nature of injuries sustained by the petitioner, his occupation, age and other relevant factors, this Court finds it reasonable to grant an amount of Rs.1,00,000/- for pain and suffering, Rs.50,000/- for loss of amenities and Rs.40,000/- for transportation, extra nourishment and attendant charges. The petitioner might not have attended any other work at least for a period of 6 months, Rs.33,000/- (Rs.5,500X6) is granted under the head loss of income during laid-up. Further, due to the injuries sustained in the accident, he could not perform marriage. Therefore, this Court also finds it reasonable to grant an amount of Rs.2,00,000/- under the head loss of future prospects of marriage. 6. Thus in all, components awarded by this court are as follows, - 6 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 Hence, the compensation granted by tribunal is enhanced from Rs. 2,98,900 /- to Rs. 6,86,800/- along with interest at the rate of 6% p.a. 7. In the result, the following order is passed: ORDER i. Appeal is allowed in part. Sl.Nos. Particulars Amount in Rs. 1 Loss of future income 1,68,300 2 Pain and suffering 1,00,000 3 Loss of amenities 50,000 4 Transportation, extra nourishment and attendant charges. 40,000 5 Loss of income during laid down period 33,000 6 Future medical expenses 95,000 7 Loss of future prospects for marriage 2,00,000 Total 6,86,300 - 7 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 ii. The judgment and award dated 07.06.2014 passed in MVC No.1522/2010 on the file of the III Additional Senior Civil Judge, JMFC, MACT, Mangaluru, D.K., is modified. iii. The claimants is entitled to a sum of Rs.6,86,300/- along with interest at 6% p.a., from the date of petition till the date of realization, instead of Rs.2,98,900/- granted by the tribunal. iv. Respondent/Insurance Company has already deposited the awarded amount before the tribunal. Therefore, respondent/Insurance Company is directed to deposit the enhanced compensation of Rs.3,87,400/- along with the interest at the rate of 6% within one month from the date of this order. - 8 - HC-KAR NC: 2026:KHC:7289 MFA No. 406 of 2015 v. On such deposit, claimant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE AKV List No.: 1 Sl No.: 49