- 1 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 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.1596 OF 2022(MV-I) BETWEEN: MR. A. EKANTHAPPA S/O LATE AJJAPPA, AGED ABOUT 39 YEARS, AGRICULTURIST, SUDARSHANA NILAYA, KSRTC DEPOT ROAD, CHITRADURGA-577 501. …APPELLANT (BY SRI. K. SHASHIKANTH PRASAD, ADVOCATE) AND: 1. MR. CHIKKANNA S/O.MR. GIDDERAPPA, MAJOR, OWNER OF TRACTOR TRAILOR, NO.KA-16/TB-2028-2029, NANNIVALA GOLLARAHATTY, CHALLAKERE-577 522. 2. THE MANAGER, IFFCO-TOKIO GENERAL INSURANCE CO. LTD., NO7/432, PCA & RD BANK BUILDING, LAWYER ROAD, KUVEMPU NAGAR, DAVANAGERE-577 002. …RESPONDENTS (BY SRI. E.I. SANMATHI, ADVOCATE FOR R2, R1 - CHIKKANNA SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.03.2018 PASSED IN MVC NO. 754/2017 ON THE FILE OF THE 1ST ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-IV, CHITRADURGA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.2,43,669/- 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 12,000/- 2. Loss of future income 1,45,152/- 3. Medical expenses 36,517/- 4. Loss of amenities, enjoyment of life and discounts 30,000/- - 3 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 5. Conveyance, food, nourishment, attendant charges 20,000/- Total 2,43,669/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 9%. 5. I have perused the evidence of the Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered left humerus shaft fracture. 6. Since the Doctor has assessed the disability at 30% to the left upper limb, the Tribunal has assessed the disability at 9% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it appropriate 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.6,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, - 4 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 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 2016, would be Rs.9,500/-. 8. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,82,400/- (9,500 x 12 x 16 x 10%) towards 'loss of future income'. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.30,000/- awarded by the Tribunal. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards 'pain and suffering' as against Rs.12,000/- 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 - 5 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 Rs.30,000/- towards 'loss of income during the laid up period'. 12. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.25,000/- towards conveyance, food and nourishment and attendant charges', as against the sum of Rs.20,000/- awarded by the Tribunal. 13. The sums awarded as medical expenses at Rs.36,517/-, being based on documentary evidence, do not call for modification and hence confirmed. 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 12,000 25,000 2. Loss of future income 1,45,152 1,82,400 3. Medical expenses 36,517 36,517 4. Loss of income during the laid up period - 30,000 - 6 - HC-KAR NC: 2026:KHC:26544 MFA No. 1596 of 2022 5. Conveyance, food, nourishment, attendant charges 20,000 25,000 6. Loss of amenities in life 30,000 40,000 Total 2,43,669 3,38,917 15. Thus, the claimant is held entitled to the total compensation of Rs.3,38,917/- as against Rs.2,43,669/-, 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.: 58