- 1 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4077 OF 2022(MV-I) BETWEEN: SRI. HIRALAL S/O JAVAN RAM AGED ABOUT 46 YEARS, R/AT SANGAWAS SANGAWAS PALI RAJASTHAN-306 303 …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN., ADVOCATE) AND: 1. THE MANAGER NEW INDIA ASSURANCE CO.LTD., R.O.NO.22-B, UNITY BUILDING, ANNEX, MISSION ROAD / LALBAGH ROAD BENGALURU-27 2. PAVAN KUMAR S.N MAJOR R/AT NO.619, 9TH D MAIN ROAD, RPC LAYOUT, HAMPINAGAR, VIJAYANAGAR BENGALURU-560 040 …RESPONDENTS (BY SRI. G.S MARULAIAH., ADVOCATE FOR R1, VIDE ORDER DATED 10.04.2026, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.03.2022 PASSED IN MVC NO. 1890/2020 ON THE FILE OF THE JUDGE, COURT OF SMALL CAUSES MACT, BENGALURU SCCH-9 PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.10,12,471/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 1,00,000/- 2. Loss of future income 2,72,000/- 3. Medical expenses 5,24,311/- 4. Future medical expenses 20,000/- 5. Loss of income during the laid up period 36,000/- - 3 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 6. Conveyance, food, nourishment, attendant charges 40,000/- 7. Loss of amenities in life 20,000/- Total 10,12,471/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 21% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: i. Bilateral crescent fracture of pelvis. ii. Anterior SI joint dislocation right side (AO type C pelvic injury) with foot drop. iii. Extra peritoneal bladder injury. iv. Dermabrassion over right lower limb. v. Secondary infection. 6. Since the Doctor has assessed the disability for right lower limb to the extent of 63% and to the whole body at 21%, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability at - 4 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 19%. Accordingly, the disability suffered by the claimant would be at 19%. 7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2020, would be Rs.14,500/-. 8. As the claimant was aged 44 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,62,840/- (14,500 x 12 x 14 x 19%) towards 'loss of future income' . 9. As a consequence, the amount of Rs.36,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.58,000/- (14,500/- X 4). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 Rs.1,20,000/- towards 'pain and suffering' as against Rs.1,00,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 12. The sums awarded as medical expenses at Rs.5,24,311/-, being based on documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under the head conveyance, food and nourishment and attendant charges' and future medical expenses by the Tribunal, remain unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 1,00,000 1,20,000 - 6 - HC-KAR NC: 2026:KHC:25769 MFA No. 4077 of 2022 2. Loss of future income 2,72,160 4,62,840 3. Medical expenses 5,24,311 5,24,311 4. Future medical expenses 20,000 20,000 5. Loss of income during the laid up period 36,000 58,000 6. Conveyance, food, nourishment, attendant charges 40,000 40,000 7. Loss of amenities in life 20,000 40,000 Total 10,12,471 12,65,151 15. Thus, the claimant is held entitled to the total compensation of Rs.12,65,151/- as against Rs.10,12,471/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 35