- 1 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 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.3081 OF 2020(MV-I) BETWEEN: SRI. LAKSHMAN K S/O KEMPANNA AGED ABOUT 28 YEARS, R/AT LAKKENAHALLI NEAR MINI WATER TANK K.G LAKKENAHALLI, LAKSHMIPURA BENGALURU-562 123 …APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. SRI. KRISHNAPPA S/O YALLAPPA MAJOR R/AT KENCHUGANAHALLI VILLAGE BIDADI HOBLI, RAMANAGARA TALUK RAMANAGARA DISTRICT 2. THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., OFFICE AT NO.121, 9TH FLOOR THE ESTATE DICKENSON ROAD, F.M. KARIYAPPA COLONY BENGALURU-42 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 24/02/2023 NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 of 2020 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.14.03.2019 PASSED IN MVC NO.5573/2017 ON THE FILE OF THE XIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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 claimant, being dissatisfied with the compensation of Rs.3,24,000/- 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 50,000/- 2. Loss of future income 75,000/- 3. Medical expenses 1,43,000/- 4. Loss of income during the laid up period 16,000/- - 3 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 of 2020 5. Conveyance, food, nourishment, attendant charges 10,000/- 6. Loss of amenities in life 30,000/- Total 3,24,000/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered global neurological disability to the extent of 15%. 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 following injuries: i. Contusion over left temporal reason ii. Abrasion over right hand iii. Abrasion over the left arm iv. Left ATP Acute SDH with heamorrhagic v. Left Fronto temparo Peratal calvarial defect 6. Since the Doctor has assessed the permanent global neurological disability at 59%, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability at 17%. Accordingly, the disability suffered by the claimant would be at 17%. - 4 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 of 2020 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 2017, would be Rs.11,000/-. 8. As the claimant was aged 26 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,81,480/- (11,000 x 12 x 17 x 17%) towards 'loss of future income'. 9. In view of the nature of the injuries suffered by the claimant, it would be appropriate to take the laid up period as four and half months instead of 2 months. Thus, the amount of Rs.16,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.49,500/- (11,000/- X 4.5). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 of 2020 Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities, as against the sum of Rs.30,000/- awarded by the Tribunal. 12. The sums awarded towards diet and conveyance at Rs.10,000/- do not call for modification and hence confirmed. 13. As it is submitted by the learned counsel for the claimant that although the claimant has submitted further bills, the same has not been considered by the Tribunal, I deem it appropriate to award a further sum of Rs.7,000/- in addition to what has been granted by the Tribunal towards medical expenses i.e., Rs.1,43,000/-. Thus, the claimant is entitled for a sum of Rs.1,50,000/- towards medical expenses. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:26478 MFA No. 3081 of 2020 15. Thus, the claimant is held entitled to the total compensation of Rs.7,15,980/- as against Rs.3,24,000/-, 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 HKV/List No.: 1 Sl No.: 64 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 50,000 75,000 2. Loss of future income 75,000 3,81,480 3. Medical expenses 1,43,000 1,50,000 4. Loss of income during the laid up period 16,000 49,500 5. Conveyance, food, nourishment, attendant charges 10,000 10,000 6. Loss of amenities in life 30,000 50,000 Total 3,24,000 7,15,980