- 1 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3928 OF 2021(MV-I) BETWEEN: SMT. JAYANTHI W/O K. LAVA POOJARY AGED ABOUT 46 YEARS R/O KELAKERI, KONI VILLAGE KUNDAPURA TALUK UDUPI DISTRICT …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. DR. SHRIKANTH SHETTY S/O VITTAL SHETTY AGE IN MAJOR R/O NO.66/1, SRI LATHA STORE AMASEBAILU VILLAGE KUNDAPURA TALUK 2. THE NATIONAL INSURANCE CO LTD BRANCH OFFICE. KUNDAPURA SRI SAI CENTRE, 2ND FLOOR Y.M SHETTY ROAD KUNDAPURA REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.02.2020 PASSED IN MVC NO. 567/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERSU, 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.5,62,250/- 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 2,15,040 3. Medical expenses 1,30,174 4. Future medical expenses 25,000 - 3 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 5. Loss of income during the laid up period 32,000 6. Conveyance, food, nourishment, attendant charges 40,000 7. Loss of amenities in life 20,000 Total 5,62,250 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 48% to the whole body. 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 dislocated fracture of right humerus bone, compound comminuted fracture of left leg, Tibia bone and fracture of left ankle medial mallelous bone. 6. Since the Doctor has assessed the disability to the whole body at 48%. Having regard to the nature and gravity of the injuries sustained by the claimant, it is just and proper to assess the disability at 19%. Accordingly, the disability suffered by the claimant would be at 19% - 4 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 7. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 2018, would be Rs.12,500/-. 8. As the claimant was aged 45 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,99,000/- (12,500 x 12 x 14 x 19%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.32,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.50,000/- (12,500 X 4). 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 11. Having regard to the nature of the injury suffered on the claimant, its continues effect on the health of the claimant and her future treatment the claimant would be entitled to a sum of Rs.30,000/- towards 'Future Medical Expenses' as against the sum of Rs.25,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.1,30,174/- The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains 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 1,00,000 2. Loss of future income 2,15,040 3,99,000 3. Medical expenses 1,30,174 1,30,174 - 6 - HC-KAR NC: 2026:KHC:26203 MFA No. 3928 of 2021 4. Future medical expenses 25,000 30,000 5. Loss of income during the laid up period 32,000 50,000 6. Conveyance, food, nourishment, attendant charges 40,000 40,000 7. Loss of amenities in life 20,000 30,000 Total 5,62,250 7,79,174 15. Thus, the claimant is held entitled to the total compensation of Rs.7,79,174/- as against Rs.5,62,250/-, 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 CR/List No.: 1 Sl No.: 48