- 1 - HC-KAR NC: 2026:KHC:25770 MFA No. 4368 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.4368 OF 2020(MV-I) BETWEEN: M/S TATA AIG GENERAL INSURANCE CO.LTD. 2ND FLOOR, JP & DEVI JAMBUKESWAR ARCADE NO. 69 MILLERS ROAD, BENGALURU-560 052 REPRESENTED BY CHIEF MANAGER CLAIMS …APPELLANT (BY SRI. RAVI SHANKAR S SAMPRATHI., ADVOCATE) AND: 1. KUM. LAXMI D/O ANANDA ACHARYA AGEDA BOUT 21 YEARS R/AT MADIKETTU HOUSE MOODUBELLE POST UDUPI TALK & DISTRICT 2. SRI. ANIL KUMAR K S/O KRISHNAPPA AGED ABOUT 24 YEAS R/O CHODMAL, THUPPUR POST SHIVAMOGGA TALUK & DISTRICT …RESPONDENTS (VIDE ORDER DATED 09.07.2021, NOTICE TO R2 IS DISPENSED WITH NOTICE TO R1 IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 22.06.2020, PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25770 MFA No. 4368 of 2020 NO.744/2017, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, AWARDING COMPENSATION OF RS.5,16,797/- WITH INTEREST AT THE RATE OF 6 PERCENT P.A., FROM THE DATE OF THE PETITION TIL FULL AND FINAL REALIZATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The Insurer, being aggrieved by the award of compensation at Rs.5,16,797/- 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 60,000/- 2. Loss of future income 3,67,200/- 3. Medical expenses 29,597/- 4. Conveyance, food, nourishment, attendant charges 20,000/- 5. Loss of amenities in life 40,000/- Total 5,16,797/- - 3 - HC-KAR NC: 2026:KHC:25770 MFA No. 4368 of 2020 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 17%. 5. I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of open comminuted supracondylar fracture of right femur and right patellar fracture. 6. Since the Doctor has assessed the disability at 35% 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 11.66% rounded off to 12%. Accordingly, the disability suffered by the claimant would be at 12%. 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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:25770 MFA No. 4368 of 2020 Authority, which, for the accident of the year 2016, would be Rs.9,500/-. 8. As the claimant was aged 17 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,46,240/- (9,500 x 12 x 18 x 12%) towards 'loss of future income'. 9. In view of the nature of the injuries suffered by the claimant, I am of the opinion that the sums awarded under other heads by the Tribunal are just and proper. 10. 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 60,000 60,000 2. Loss of future income 3,67,200 2,46,240 3. Medical expenses 29,597 29,597 4. Conveyance, food, nourishment, attendant charges 20,000 20,000 6. Loss of amenities in life 40,000 40,000 Total 5,16,797 3,95,837 - 5 - HC-KAR NC: 2026:KHC:25770 MFA No. 4368 of 2020 11. Thus, the claimant is held entitled to the total compensation of Rs.3,95,837/- as against Rs.5,16,797/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. The Insurance Company is directed to deposit the amount of compensation, if not already deposited, within six weeks from the date of receipt of a certified copy of this judgment. 13. The amount in deposit shall be transmitted to the Tribunal for disbursement in terms of the award. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 47