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HC-KAR
NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

V/O DATED 19.08.2026, NOTICE TO R1 IS
DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:20.08.2024
PASSED IN MVC No.134/2019 ON THE FILE OF THE
ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI
(SITTING AT KUNDAPURA), 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 SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT

1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 20.08.2024 passed in MVC No. 134/2019
by the Additional District Judge and Additional MACT,
Udupi.

2. Even though the appeal is listed for `Admission’
today, with the consent of the learned counsel appearing
for appellant – claimant and learned counsel appearing for
respondent No. 2 – Insurer it is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

3. Appellant – claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident that occurred on
23.04.2018 due to the rash and negligent driving by the
driver of bus bearing registration No. KA-20-D-4575 in
which the petitioner was a passenger. The Tribunal after
recording evidence, appreciating the evidence on record,
assessed the compensation and awarded compensation
under different heads as under:

1 Loss of future income arising Rs.21,93,016/-
out of permanent disability
2 Loss of income during the Rs.20,615/-
period of treatment
3 Medical bill, conveyance,
nutrition and attending
charges
Rs.2,08,701/-
4 Loss of amenities due to Rs.30,000/-
disfigurement of face
5 Pain and suffering Rs.20,000/-
6 Future medical expenses Rs.1,80,000/-
Total Rs.26,52,332/-

4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimant
seeking enhancement of the compensation awarded, has
filed the present appeal.

5. Heard learned counsel for appellant – claimant
and learned counsel for respondent No. 2 – Insurer.

6. The accident occurred on 23.04.2018 and as on
the date of accident, the claimant was aged 29 years.
Considering the said age of the Tribunal has rightly applied
multiplier `17’.

7. The claimant had sustained the following
injuries:

a. Laceration measuring 6 X 1 cm X muscle deep
was present over the front of chin in midline
situated 0.5 cm above symphysisment

b. Abrasion, reddish 6 X 3 cm was present over the
back of right arm situated 3 cm above right elbow
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

c. Multiple lacerations over an area of 6 X 5 cm was
present over the back of right elbow, varying in
seizes from 1 X 1 cm X muscle deep to 0.5 X 0.1
cm X muscle deep

8. C.W.1 - Doctor has stated that the claimant had
sustained right parasymphyis, left condylar fracture and
dentoalveolar fracture. Considering the said injuries, the
compensation awarded by the Tribunal towards pain and
suffering in a sum of Rs.20,000 is enhanced Rs.90,000/-
and loss of amenities awarded in a sum of Rs.30,000/- is
enhanced Rs.70,000/-.

9. The claimant is stated to be working as an
Engineer in Infosys and he was admitted in the hospital for
31 days and therefore the claimant is entitled to loss of
income during laid up period for one month.

10. C.W.1 - Doctor who examined the claimant has
assessed his disability and stated that the claimant had
sustained 45% disability. The Tribunal has taken disability
at 22% to the whole body. Considering that the fractures
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

are sustained on the face, disability taken by the Tribunal
is just and proper.

11. Ex.P.17 is the salary certificate of the claimant.
The Tribunal considering the basic salary, DA, HRA and
medical allowance has taken a total salary of Rs.32,576/-.
The Tribunal has not considered Travelling Allowance of
Rs.2,647/- and bonus of Rs.2,920/-. Those two heads are
also to be added to the income of the claimant. Therefore
the monthly income of the claimant is Rs.38,143/-.

12. As claimant was aged 29 years, that he was in
employment, that he resigned from the job and relieved
with effect from 11.05.2018, he is entitled to loss of future
income due to disability and future prospects are to be
taken at 40% as against 50% taken by the Tribunal.

13. In view of the above, loss of future income due
to disability is calculated as under:
Rs.38,143 X 12 X 17 X 22% + 40% =
Rs.23,96,600/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
NC: 2026:KHC:59173
MFA No. 86 of 2025

CNR: KAHC010009332025

14. Claimant is entitled to loss of income during laid
up period in a sum of Rs.38,143/-.

15. The Tribunal has rightly awarded medical
expenses of Rs.2,08,701/- and future medical expenses of
Rs.1,80,000/-.

16. In view of the above, claimant is entitled to
total compensation under various heads as under:

1 Pain and suffering Rs.90,000/-
2 Loss of amenities Rs.70,000/-
3 Loss of income during laid Rs.38,143/-
up period
4 Medical expenses Rs.2,08,701/-
5 Future medical expenses Rs.1,80,000/-
6 Loss of income due to Rs.23,96,600/-
disability
Total Rs.29,83,444/-

17. Considering the above aspects claimant is
entitled to total compensation of Rs.29,83,444/- as
against Rs.26,52,332/- awarded by the Tribunal.
Consequently, claimant is entitled to enhanced
compensation of Rs.3,31,112/- with interest at the rate of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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NC: 2026:KHC:59173
MFA No. 86 of 2025

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6% p.a. from the date of petition till the date of
realization. Respondent No. 2 – Insurer is liable to pay the
said enhanced compensation with interest.

18. In view of the above, the following;
O R D E R

a) Appeal is allowed in part.

b) Appellant - claimant is entitled to enhanced
compensation of Rs.3,31,112/- with interest at the
rate of 6% p.a. from the date of petition till the
date of realization.

c) Respondent No. 2 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.

d) Appellant - claimant is entitled to release of entire
enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE

LRS
Ct:sm
List No.: 1 Sl No.: 26

SRI. MANJUNATH M ANGADI vs THE PARTNER