- 1 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 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.5927 OF 2021(MV-I) BETWEEN: SRI. RANGASWAMY @ VENKATASWAMI AGED ABOUT 57 YEARS S/O. KENCHARANGAPPA, R/AT NO. 20, LINGAPURA, KUMBALAGUDU, GOLAHALLI, BENGALURU SOUTH, BENGALURU-560 060 …APPELLANT (BY SRI. VASANTHAPPA, ADVOCATE) AND: 1. SRI. SHIVARAJ .A S/O. ANAND, MAJOR BY AGE R/AT NO. 81, SHREE LEELA,1ST CROSS, BEHIND ANJANEYA TEMPLE, JAYANAGARA 6TH BLOCK, YEDIYUR, BENGALURU 560082 2. THE REGIONAL MANAGER, UNITED INDIA INSURANCE COMPANY LTD REGIONAL OFFICE, T.P HUB, 6TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, HUDSON CIRCLE, BENGALURU-560 027 …RESPONDENTS (BY SMT. HARINI SHIVANAND, ADVOCATE FOR R2, NOTICE TO R1 DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.02.2021 PASSED IN MVC NO.510/2018 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE, MACT, C/C. X ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU, (SCCH-16), 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.3,44,565/- 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 75,000 2. Loss of future income 1,83,600 3. Medical expenses 4,365 - 3 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 of 2021 4. Loss of income during the laid up period 25,500 5. Conveyance, food, nourishment, attendant charges 11,100 6. Loss of amenities in life 20,000 7. Future Medical expenses 25,000 Total 3,44,565 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 20.49% 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 fracture of both bones (Tibia and Fibula) of left leg (Comminuted, at the junction of proximal end third and middle one third), fracture of ribs with haemothorax left. Operation of closed reduction and internal fixation by MIPPO (Minimally invasive percutaneous plate and ostero synthesis) with PTLCP (Proximal tibial locking compression plate). - 4 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 of 2021 6. Having regard to the nature and gravity of the injuries sustained by the claimant and also having regard to the age of the claimant, the assessment of disability made by the tribunal at 19% is just and proper. Accordingly, the disability suffered by the claimant would be at 19% 7. The Tribunal has determined the monthly income, notionally at Rs.8,500/-. 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 2017, would be Rs.11,000/-. 8. As the claimant was aged 56 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,37,600/- (11,000 x 12 x 9 x 20%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.25,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.33,000/- (11,000 X 3 months). - 5 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 of 2021 10. The sum awarded as medical expenses at Rs.4,365/-, being based on documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 12. 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 75,000 75,000 2. Loss of future income 1,83,600 2,37,600 3. Medical expenses 4,365 4,365 4. Future medical expenses 25,000 25,000 5. Loss of income during the laid up period 25,500 33,000 6. Conveyance, food, nourishment, attendant charges 11,100 11,100 7. Loss of amenities in life 20,000 20,000 Total 3,44,565 4,06,065 - 6 - HC-KAR NC: 2026:KHC:26130 MFA No. 5927 of 2021 13. Thus, the claimant is held entitled to the total compensation of Rs.4,06,065/- as against Rs.3,44,565/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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.: 55