- 1 - HC-KAR NC: 2026:KHC:26654 MFA No. 628 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 628 OF 2020 (MV-I) BETWEEN: SMT. CHINNAMMA AGED ABOUT 67 YEARS W/O LATE PITHAN RESIDING AT NO. 109, 8TH MAIN, 3RD CROSS, NEAR RAGHAVENDRA TEMPLE KALIDASA LAYOUT, BENGALURU …APPELLANT (BY SRI. NAGARAJ A.C & P. RAMAMURTHY, ADVOCATES) AND: THE MANAGING DIRECTOR T.N.S.T.C.LTD., (SALEM) NO.12, RAMAKRISHNA ROAD, SALEM - 7. …RESPONDENT (BY SRI. B PURANDARA & SATHISH .H.K, ADVOCATES) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.11.2018 PASSED IN MVC NO. 7066/2017 ON THE FILE OF THE XXII ADDITIONAL SMALL CAUSES JUDGE AND XX A.C.M.M. AND MEMBER MACT, BENGALURU (SCCH-24), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26654 MFA No. 628 of 2020 THIS APPEAL, COMING ON FOR FINAL HEARING, 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.3,41,650/- 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 60,000 2. Loss of future income 84,000 3. Medical expenses 1,02,645 4. Loss of income during the laid up period 15,000 5. Conveyance, food, nourishment, attendant charges 30,000 6. Loss of amenities in life 50,000 Total 3,41,645 - 3 - HC-KAR NC: 2026:KHC:26654 MFA No. 628 of 2020 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 20% to the whole body. Having regard to the medical evidence, I am of the view that 20% disability is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.5,000/-. 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 2016, would be Rs.9,500/-. 6. As the claimant was aged 61 years, a multiplier of '7' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,59,600/- (9,500 x 12 x 7 x 20%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.15,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.28,500/- (9,500 X 3 months). - 4 - HC-KAR NC: 2026:KHC:26654 MFA No. 628 of 2020 8. Since the medical expenses of Rs.1,02,645/- awarded by the Tribunal being based on documentary evidence, the same is affirmed. 9. The sums awarded by the Tribunal under other heads remain unaltered. 10. 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 60,000 60,000 2. Loss of future income 84,000 1,59,600 3. Medical expenses 1,02,645 1,02,645 4. Loss of income during the laid up period 15,000 28,500 5. Conveyance, food, nourishment, attendant charges 30,000 30,000 6. Loss of amenities in life 50,000 50,000 Total 3,41,645 4,30,745 - 5 - HC-KAR NC: 2026:KHC:26654 MFA No. 628 of 2020 11. Thus, the claimant is held entitled to the total compensation of Rs.4,30,745/- as against Rs.3,41,645/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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