IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 2686 OF 2024 (MV-I)

BETWEEN:

KRISHNA S/O CHAMARASAIAH AGED ABOUT 49 YEARS, R/AT NO.79, DARASAGUPPE VILLAGE, K SHETTAHALLI HOBLI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 438.

…APPELLANT (BY SRI. SREENIVASAN M.Y, ADVOCATE)

AND:

1. R. SRIDHAR S/O RAMALINGAIAH, MAJOR, Digitally signed R/AT NO. 11/3, HOSAKEREHALLI by WEST ROAD, BENGALURU - 560 300.

PADMASHR EE SHEKHAR DESAI Location: High 2. THE MANAGER Court of IFFCO TOKIYO GENERAL INSURANCE CO. LTD., Karnataka R/AT NO.846, NEW KANTHARAJ URS ROAD, AKSHAYA BANDAR, KUVEMPUNAGARA MYSURU - 570 005.

…RESPONDENTS (BY SRI. D. VIJAYA KUMAR, ADVOCATE FOR R2;

VIDE ORDER DATED 29.01.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2023 PASSED IN MVC NO.1394/2020 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, MACT, SRIRANGAPATNA, 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

This appeal is filed by the appellant/claimant under Section 173(1) of Motor Vehicles Act, 1988 challenging the judgment and award dated 17.11.2023 passed in MVC No.1394/2020 on the file of the Additional Senior Civil Judge and MACT, Srirangapatna, for enhancing the compensation.

2. Heard the arguments of learned counsel for the appellant and learned counsel for respondent No.2/Insurance Company. The ranks of the parties are retained as per Tribunal for the sake of convenience.

3. The petitioner/injured claimant met with an accident on 16.10.2020 and filed the claim petition before the Tribunal for compensation of Rs.20,00,000/-. The Tribunal considering the entire evidence on record granted an amount of Rs.7,03,200/- with interest at the rate of 6% p.a., from the date of filing the petition till the date of realization. Being aggrieved by the said order, this appeal is filed and mainly contended that the petitioner/injured has sustained a disability of 77%. But the Tribunal has erred in taking the disability at only 26% and has failed to consider the disability of 39% as stated by CW-1 as well as 1/3^rddisability of 34% as assessed by CW-2. As per the wound certificate, the petitioner sustained grievous injuries. He spent huge amount towards medical expenses and was hospitalised as an inpatient for six days and the amounts granted under the other heads are meagre.

Therefore, requested for enhancement of compensation.

4. The petitioner stated that he was working as a coolie and earning Rs.20,000/- per month, but he has not filed any income proof. As he met with an accident in the year 2020, his notional income is to be taken at Rs.14,500/- per month, as per the chart prepared by the Karnataka State Legal Services Authority. The petitioner/injured was aged 55 years, as per Ex.P.5 and the applicable multiplier is ‘11’. The petitioner/injured sustained the following injuries, as per Ex.P.5-wound certificate, which are grievous in nature:

1. Multiple abrasion over the face c nasal bleeding.

2. Pain and swelling over the lower 1/3^rd of left leg c deformity.

5. The petitioner/injured also examined two doctors as CW.1 and CW.2. The doctors stated that on examination of petitioner GCS=15/15 facial odema, left leg painful movement. CT Brain done on 16.10.2020 showed acute subdurial heamotoma with cerebral odema with fracture of facial bone, he was treated conservatively for head injury. It is also mentioned that the petitioner/injured complains of headache, giddiness, impaired memory, increased irritability, inability to work under sun light of head injury and assessed the disability at 39% to the whole body, as it is a neurological disorder. CW.2-Orthopedic Surgeon stated that he found that the tibia and fubula were fractured an