- 1 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 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.5296 OF 2020(MV-I) BETWEEN: SRI KADAPPA @ PUJARIKADAPPA S/O CHIKKAPPA AGED ABOUT 62 YEARS R/O 55, ADAVI GOLLARAHALLI VILLAGE CHITRADURGA TALUK-577 501 …APPELLANT (BY SRI. KANTHARAJAPPA M.G, ADVOCATE) AND: 1. SRI. CHANDRASHEKHARAPPA .S S/O SANNAPPA MAJOR, R.C. OWNER OF MOTORCYCLE BEARING REG. NO. KA -16-W-2528 R/O MANNEKOTE VILLAGE CHALLAKERE TALUK CHITRADURGA DISTRICT-577 501 2. THE BRANCH MANAGER NATIONAL INSURANCE CO LTD BRANCH OFFICE JAGALUR MAHALAINGAPPA TOWERS 1ST FLOOR, ABOVE H.D.F.C BANK B.D. ROAD CHITRADURGA TOWN-577 501 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, R1-CHANDRASHEKHARAPPA IS SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.02.2020 PASSED IN MVC NO.993/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE, MACT-V, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.1,66,800/- 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 8,000 2. Loss of future income 1,18,000 3. Medical expenses 10,000 - 3 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 4. Loss of income during the laid up period 18,000 5. Conveyance, food, nourishment, attendant charges 7,000 6. Loss of amenities in life 5,000 Total 1,66,800 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 30% to the particular limb. 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 neck of left femur. 6. Since the Doctor has assessed the disability to the whole body at 30%. Having regard to the nature and gravity of the injuries sustained by the claimant, it is just and proper to assess the disability at 10%. Accordingly, the disability suffered by the claimant would be at 10% 7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, - 4 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 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.11,00/-. 8. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,45,200/- (11,000 x 12 x 11 x 10%) 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.33,000/- (11,000 X 3). 10. 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.5,000/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.10,000/- The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 5 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 12. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.12,000/- towards loss of amenities, as against the sum of Rs.7,000/- awarded by the Tribunal. 13. 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 8,000 40,000 2. Loss of future income 1,18,000 1,45,200 3. Medical expenses 10,000 10,000 4. Loss of income during the laid up period 18,000 33,000 5. Conveyance, food, nourishment, attendant charges 7,000 12,000 6. Loss of amenities in life 5,000 30,000 Total 1,66,800 2,70,200 - 6 - HC-KAR NC: 2026:KHC:26222 MFA No. 5296 of 2020 14. Thus, the claimant is held entitled to the total compensation of Rs.2,70,200/- as against Rs.1,66,800/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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.: 40