- 1 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.4562/2020 (MV-I) BETWEEN: RAMESH S/O THIMMANNA AGED 23 YEARS AGRICULTURIST PERMANENT R/O ATTIMAGE VILLAGE HOSADURGA TALUK NOW R/O LOKADOLALU VILLAGE HOLALKERE TALUK-577526. …APPELLANT (BY SRI. PRAJWAL M.M. ADV., FOR SRI. R. SHASHIDHARA, ADV.,) AND: 1. N. SIDDARAMAPPA S/O NINGAPPA MAJOR OWNER OF THE SIDDARAMESHWAR BUS BEARING KA-18/B-5265 R/O N H 206, BASAVESHWARA CIRCLE KADUR TOWN CHIKKAMAGALORE DISTRICT-577548. 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD., M.M.K. COMPLEX, AKKAMAHADEVI ROAD DAVANAGERE-577001. …RESPONDENTS (BY SRI. C. SHANKAR REDDY, ADV., FOR R2 NOTICE TO R1 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED 04.02.2020 PASSED IN MVC NO.1170/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, MACT, HOLALKERE, 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/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 04.02.2020 passed in MVC.No.1170/2017 by the Senior Civil Judge and JMFC, & MACT, Holalkere, (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. Sri.Prajwal M.M., learned counsel for Sri.R.Shashidhara, learned counsel for the appellant- claimant submits that the Tribunal has committed grave - 3 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 error in assessing the income of the claimant-injured at Rs.6,000/- per month by ignoring the evidence on record. It is submitted that though the doctor has assessed disability at 23.59%, the Tribunal erred in assessing the disability at 7%. It is further submitted that the award of compensation by the Tribunal on all other heads is also on the lower side and hence, he seeks to re-assess the same appropriately by allowing this appeal. 4. Per contra, Sri.C.Shankar Reddy, learned counsel for the respondent-Insurance supports the impugned judgment and award of Tribunal and submits that the appellant-claimant has failed to produce any evidence with regard to the income before the Tribunal. It is submitted that the assessment of disability by the Tribunal is 1/3rd of the disability assessed by the doctor. It is further submitted that the award of compensation by the Tribunal under all heads is just and proper and there is no scope for enhancement. Hence, he seeks to dismiss the appeal. - 4 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 5. I have heard the arguments of the learned counsel appearing on both the sides and meticulously perused the material available on record. 6. The parties to the proceedings do not dispute that in a road accident that occurred on 22.06.2017, the appellant-claimant sustained grievous injury and fracture to his left ankle and he was provided treatment at the Government Hospital. In order to prove the claim, the appellant-claimant examined himself as PW1 and the doctor as PW2 and got marked the documents as per Exs.P1 and P10. The respondent-Insurance Company got examined RW1 and got marked the documents as per Exs.R1 and R2. The Tribunal awarded total compensation of Rs.1,50,720/-. It is not in dispute that the appellant- claimant has failed to produce any evidence with regard to his income. Hence, his income is notionally re-assessed at Rs.11,000/- per month placing reliance on the notional income chart prepared by the KSLSA. The appellant was - 5 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 aged about 20 years as on the date of accident, the appropriate multiplier would be 18, which has been rightly considered by the Tribunal. The doctor has assessed the disability at 23.59% of the appellant-injured by considering the nature of injury suffered by him and treatment provided to him, I am of the considered view that if the disability assessed by the doctor is at 23.59%, then 1/3rd of the same would be approximately 8%. Hence, the disability of the appellant-claimant is reassessed at 8%. Thus, the appellant-claimant is entitled to compensation under the head of loss of future earning due to the permanent disability as under: Rs.11,000 x 12 x 18 x 8% = Rs.1,90,080/-. 7. Taking note of the nature of the injury suffered as per Ex.P5 - wound certificate and Ex.P8 - inpatient hospital register and disability certificate - Ex.P9, I am of the considered view that the compensation is required to be re-assessed appropriately. Accordingly, the appellant would be entitled to a compensation of Rs.45,000/- - 6 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 towards loss of amenities; Rs.33,000/- (Rs.11,000 x 3) towards loss of income during laid up period; Rs.40,000/- towards pain and suffering and Rs.20,000/- towards attendant charges, nourishment & diet food and conveyance charges. Thus, the appellant would be entitled to modified compensation as under: Thus, the appellant-claimant shall be entitled to a total compensation of Rs.3,28,080/- as against Rs.1,50,720/- awarded by the Tribunal. 8. In the result, this Court proceeds to pass the following: ORDER HEADS AMOUNT (in Rs.) Loss of future earnings due to permanent disability 1,90,080 Pain & suffering 40,000 Loss of amenities in life 45,000 Loss of income during laid up period 33,000 Attendant charges, nourishment & diet food and conveyance charges 20,000 Total 3,28,080 - 7 - HC-KAR NC: 2026:KHC:15721 M.F.A. No.4562/2020 a) Appeal is 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 a total compensation of Rs.3,28,080/- as against Rs.1,50,720/- 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. e) The entire compensation amount shall be released in favour of the appellant- claimant. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 21