- 1 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 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.1728 OF 2020(MV-I) BETWEEN: A.E MAYURA VARMA S/O ESHWARAPPA A.M. AGE 41 YEARS AGRICULTURIST AND DIARY FARMING R/O BIKKONAHALLI VILLAGE 577301. KOMMANALU POST, SHIVAMOGGA DISTRICT & TALUK …APPELLANT (BY SRI. PRASAD B.S, ADVOCATE) AND: 1. SHIVAYOGI S/O PARASAPPA AGE 41 YEARS R/O MAHADEVAIAH EXTN, SHIRALAKOPPA-577428 SHIKARIPURA TALUK SHIVAMOGGA DISTRICT. 2. SHABBIR AHAMED S/O MIR AZEEZ AHAMED AGE 56 YEARS R/O K.R.PURAM, SHIVAMOGGA-577201. 3. THE BRANCH MANAGER NATIONAL INSURANCE CO.LTD., S.S. COMPLEX, B.H.ROAD SHIVAMOGGA-577 201. …RESPONDENTS (BY SMT. GOWHAR UNNISA, ADVOCATE FOR R3) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.09.2019 PASSED IN MVC NO.78/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-8, SHIVAMOGGA, 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 1. The claimant, being dissatisfied with the compensation of Rs.4,76,181/- 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 40,000/- 2. Loss of future income 80,640/- 3. Medical expenses 3,23,541/- 4. Loss of income during the laid up period 12,000/- - 3 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 5. Conveyance, food, nourishment, attendant charges 20,000/- Total 4,76,181/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 8%. 5. I have perused the evidence of the Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of right femur and open fracture of right tibia. 6. Since the Doctor has assessed the permanent disability at 23% to the right lower limb, the Tribunal has rightly assessed the disability at 1/3rd of the same, which would be 8% to the whole body. Accordingly, the disability suffered by the claimant would be at 8%. 7. The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 - 4 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 Authority, which, for the accident of the year 2016, would be Rs.9,500/-. 8. As the claimant was aged 41 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,27,680/- (9,500 x 12 x 14 x 8%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.12,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.19,000/- (9,500/- X 2). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.20,000/- towards loss of amenities. 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 - 5 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 Rs.30,000/- towards attendant and other incidental charges, as against the sum of Rs.20,000/- awarded by the Tribunal. 13. The sums awarded as medical expenses at Rs.3,23,541/-, 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 40,000 60,000 2. Loss of future income 80,000 1,27,680 3. Medical expenses 3,23,541, 3,23,541 4. Loss of income during the laid up period 12,000 19,000 5. Conveyance, food, nourishment, attendant charges 20,000 30,000 6. Loss of amenities in life - 20,000 Total 4,76,181 5,80,221 - 6 - HC-KAR NC: 2026:KHC:25768 MFA No. 1728 of 2020 15. Thus, the claimant is held entitled to the total compensation of Rs.5,80,221/- as against Rs.4,76,181/-, 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.: 3