- 1 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 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.1900/2019 (MV-I) BETWEEN: SRI. R. SOMASHEKAR S/O LATE S. RAMU AGED ABOUT 34 YEARS R/AT. NELAMANE VILLAGE K. SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT. …APPELLANT (BY SMT. DHANALAKSHMI K, ADV.,) AND: 1. P. PAP RAJ S/O P. PAPASUNDARAM R/AT ELA-AI/JI METAGALLI, HEBBALU MYSORE-570003 (PLACED EX-PARTE). 2. THE MANAGER UNITED INDIA INSURANCE CO LTD NO.1134, DEVARU MANANINDAR AMBEDKAR ROAD CHAMARAJAPURAM MYSORE-570004. …RESPONDENTS (BY SRI. MALLIKARJUNA REDDY, ADV., FOR SRI. P.B. RAJU, ADV., FOR R2 V/O/DTD:22.11.2023, NOTICE TO R1 IS D/W) Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:16.09.2017 PASSED IN MVC NO.892/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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 16.09.2017 passed in MVC.No.892/2016 by the Principal Senior Civil Judge and MACT, Srirangapatna (for short 'the Tribunal'). 2. Heard Smt.Dhanalakshmi K., learned counsel appearing for the appellant, Sri.Mallikarjuna Reddy, learned counsel for Sri.P.B.Raju, learned counsel for respondent No.2 and meticulously perused the material available on record. 3. This appeal is filed by the injured appellant seeking for higher compensation mainly on the ground - 3 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 that the income as well as the disability assessed by the Tribunal are on the lower side and contrary to the evidence available on record. It is contented that the compensation awarded under other heads are also required to be enhanced appropriately by considering the evidence of the doctor and disability. 4. It is to be noticed that the appellant met with a road accident on 03.06.2016 and was initially admitted to Columbia Asia Hospital, Mysore, where he remained as an inpatient for a period of 5 days. Thereafter, again he was hospitalized and altogether he was an inpatient for a period of 11 days. It is averred that the injured appellant was working as a vegetable vendor, earning Rs.20,000/- per month. However, to substantiate the same, no evidence has been placed on record. In the absence of proof, his income is notionally reassessed at Rs.9,500/- per month by placing reliance on the notional income chart prepared by the KSLSA. - 4 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 5. Insofar as disability is concerned, CW1, Dr. J.S.Ajay Hegde has clearly deposed before the Tribunal that the appellant sustained a comminuted fracture of the distal shaft of femur, Grade-II compound, 5th MCP dislocation right knee, Diffuse traumatic brain injury. The doctor has opinioned that 70% of the fracture bone has been united, the remaining 30% has not united. CW1 in his evidence further deposed that the disability to the whole body would be 28%. However, the Tribunal without any justifiable reason considered the disability at 10% to the whole body. In my considered view, such assessment by the Tribunal is erroneous as the doctor who examined the injured has deposed before the Tribunal with regard to the disability that 70% of the fracture bone is united and 30% of the fracture remains ununited and that the whole body disability is 28%. Accordingly, the disability is reassessed at 28%. It is not in dispute that the claimant was aged about 32 years at the time of the accident; hence, the appropriate multiplier would be 16, which has - 5 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 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: 9,500/- x 12 x 16 x 28% = Rs.5,10,720/- 6. The award of compensation by the Tribunal under the heads of pain and suffering, medical expenses, future medical expenses and loss of amenities remains unaltered. However, having reassessed the disability, income, and keeping in mind the appellant has undergone surgery and was an inpatient for a period of 11 days, and also taking note of the oral and documentary evidence, 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. The appellant is entitled to the modified compensation as under: - 6 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 Thus, the appellant-claimant shall be entitled to total compensation of Rs.10,15,770/- as against Rs.6,17,950/- awarded by the Tribunal. 7. 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.10,15,770/- as HEADS AMOUNT (in Rs.) Pain & suffering 75,000 Loss of amenities 45,000 Medical expenses 3,06,550 Loss of income during laid-up period (Rs.9,500 X 3) 28,500 Loss of future income due to disability 5,10,720 Towards conveyance, attendant charges, food and nourishment 25,000 Towards future medical expenses 25,000 Total 10,15,770 - 7 - HC-KAR NC: 2026:KHC:23729 M.F.A. No.1900/2019 against Rs.6,17,950/- 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 excluding the interest for the delayed period of 421 days as per the order dated 22.11.2023. 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) The apportionment, deposit and disbursement shall be made as per the award of the Tribunal. f) Draw modified award accordingly. Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK, List No.: 1 Sl No.: 17