- 1 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 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.4920 OF 2022(MV-I) BETWEEN: R. RAVI RAI NOW AGED ABOUT 40 YEARS S/O LATE RAJU R/O ABBADA HOUSE BOBBEKERI, KANIYIOOR VILLAGE PUTTUR TALUK DAKSHINA KANNADA DISTRICT PIN-574 201 …APPELLANT (BY SRI. PRASANNA K., ADVOCATE) AND: 1. DR AJITH K NOW AGED 46 YEARS S/O DR. K .GOPALAKRISHNA R/O KUDMARAUBETTU HOUSE PAMPETHADY POST AND VILLAGE SULLIA TALUK DAKSHINA KANNADA DISTRICT PIN-574239 2. THE MANAGER THE UNITED INDIA INSURANCE CO.LTD PRABHU BUILDING OPP ARUNA TALKIES MAIN ROAD, PUTTUR PUTTUR TALUK DAKSHINA KANANDA DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 of 2022 PIN-574201 …RESPONDENTS (BY SRI. A RAVISHANKAR, ADVOCATE FOR R2 VIDE ORDER DATED 17.04.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.06.2022 PASSED IN MVC NO.1865/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND JMFC AND MEMBER, MACT, PUTTUR D.K, 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.3,69,000/- 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 50,000/- 2. Loss of future income 2,52,000/- - 3 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 of 2022 3. Medical expenses 10,000/- 4. Loss of income during the laid up period 24,000/- 5. Conveyance, food, nourishment, attendant charges 18,000/- 6. Loss of amenities in life 15,000/- Total 3,69,000/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10%. 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 fracture of shaft of right femur and also both bones of mid shaft of the right leg. 6. Since the Doctor has assessed the disability at 50% to the whole body, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3rd of the same, which would be 16%. Accordingly, the disability suffered by the claimant would be at 16%. 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/-. Since there is no credible - 4 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 of 2022 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 2019, would be Rs.14,000/-. 8. As the claimant was aged 36 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,03,200/- (14,000 x 12 x 15 x 16%) towards 'loss of future income'. 9. In view of the nature of the injuries suffered by the claimant, it would be appropriate to take the laid up period as 3 months instead of 2 months. Thus, the amount of Rs.24,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000/- X 3). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 of 2022 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.50,000/- towards attendant and other incidental charges, as against the sum of Rs.18,000/- awarded by the Tribunal. 13. The sums awarded as medical expenses at Rs.10,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 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 50,000 1,00,000 2. Loss of future income 2,52,000 4,03,200 - 6 - HC-KAR NC: 2026:KHC:25771 MFA No. 4920 of 2022 3. Medical expenses 10,000 10,000 4. Loss of income during the laid up period 24,000 42,000 5. Conveyance, food, nourishment, attendant charges 18,000 50,000 6. Loss of amenities in life 15,000 25,000 Total 3,69,000 6,30,200 15. Thus, the claimant is held entitled to the total compensation of Rs.6,30,200/- as against Rs.3,69,000/-, 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.: 40