- 1 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 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.3922 OF 2021 MV-I) BETWEEN: SRI. R. GURRAPPA S/O B. GANGAPPA AGED ABOUT 34 YEARS R/AT SUDDAGUNDLAPALLI PEDDAPANJANI VEERAPALLIE ROYALPET, CHITTOR DISTRICT ANDHRA PRADESH-517 414 …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD MOTOR CLAIMS HUB NO.13, 6TH FLOOR NEW KRUSHI BHAVAN HUDSON CIRCLE BANGALURU- 560 001 BY ITS MANAGER 2. M/S THIRUMALA CABS PROP. MUTHYALA SUNIL KUMAR G-EXTEN NLG PO.PS NAHARLAGUN PAPUMPARE, ARUNACHAL PRADESH PIN- 791 110 …RESPONDENTS (BY SRI. MANJULA NEMICHANDRA TEJASWI, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.03.2018 PASSED IN MVC NO. 1179/2018 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII A.C.M.M. , MEMBER, M.A.C.T., MAYO HALL UNIT, BENGALURU (SCCH-19), 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.5,47,700/- 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 70,000 2. Medical expenses 3,691 3. Conveyance, food, nourishment, attendant charges 2,000 - 3 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 of 2021 4. Future Medical expenses 30,000 5 Loss of future income 4,32,000 6 Loss of amenities in life 10,000 Total 5,47,691 4. The Tribunal, on an analysis of the medical and other evidences, has concluded that the claimant has suffered disability to the right lower limb at 67% and permanent disability to the extent of 25% 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 lacerated wound near forehead, lacerated wound over forehead below 1st medial and lacerated wound over intero-surface of right leg. 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 25% is just and proper. Accordingly, the disability suffered by the claimant would be at 25% - 4 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 of 2021 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, 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 31 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,28,000/- (11,000 x 12 x 16 x 25%) towards 'loss of future income'. 9. Having regard to the nature and gravity of the injuries sustained by the claimant and its lasting effect it is just and proper to award a sum of Rs.33,000/- (11,000 X 3 months) under the head of 'loss of income during the laid up period'. 10. The sum awarded as medical expenses at Rs.3,691/-, being based on documentary evidence, do not call for modification and hence confirmed. - 5 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 of 2021 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 70,000 75,000 2. Loss of future income 4,32,000 5,28,000 3. Medical expenses 3,691 3,691 4. Future medical expenses 30,000 30,000 5. Loss of income during the laid up period -- 30,000 6. Conveyance, food, nourishment, attendant charges 2,000 10,000 7. Loss of amenities in life 10,000 25,000 Total 5,47,691 6,96,691 - 6 - HC-KAR NC: 2026:KHC:26236 MFA No. 3922 of 2021 13. Thus, the claimant is held entitled to the total compensation of Rs.6,96,691/- as against Rs.5,47,691/-, along with interest at the rate of 6% per annum from the date of petition till its realization. However, the claimant is not entitled for the interest during the delayed period. 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.: 47