- 1 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 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. 887 OF 2020 (MV-I) BETWEEN: SRI. SYED AFFROZ S/O SYED ANWAR AGED ABOUT 32 YEARS R/AT OPP GOVT. HIGH SCHOOL IJOOR, RAMANAGARA TOWN-562 109 …APPELLANT (BY SRI. TEJAS N, ADVOCATE) AND: 1. SRI MUDASIR PASHA S/O CHAND PASHA AGE MAJOR R/AT MASJID MOHALLA RAMANAGARA-562 109 2. THE UNITED INDIA INS. CO.LTD. THE MANAGER 1ST FLOOR, R.V.R COMPLEX OPP.LIC OFFICE BEHIND KSRTC BUS STAND IJOOR, RAMANAGARA TOWN-562 109 …RESPONDENTS (BY SRI. P.B RAJU, ADVOCATE FOR R2, VIDE ORDER DATED 07/09/2022, PAPER PUBLICATION IS ACCEPTED IN R/O R1 & R1 PLACED EX-PARTE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.09.2019 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 of 2020 NO. 212/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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.51,473/- 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. However, it is disputed that the driver of the offending vehicle had no valid and effective driving license at the time of accident. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000 2. Medical expenses 2,473 - 3 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 of 2020 3. Loss of income during the laid up period 5,000 4. Conveyance, food, nourishment, attendant charges 2,000 5. Loss of amenities in life 2,000 Total 51,473 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8.8% 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 undisplaced fracture of left medial malleolus and fracture of medial malleolus left ankle. 6. Since the Doctor has assessed the disability to the whole body at 8.8%, 1/3rd it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 3% 7. 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, - 4 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 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 2011, would be Rs.6,500/-. 8. As the claimant was aged 23 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.42,120/- (6,500 x 12 x 18 x 3%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.5,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.19,500/- (6,500 X 3 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.40,000/- 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:26657 MFA No. 887 of 2020 Rs.10,000/- towards loss of amenities, as against the sum of Rs.2,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.10,000/- as against the sum of Rs.2,000/- awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.2,473/-, 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 40,000 50,000 2. Loss of future income --- 42,120 3. Medical expenses 2,473 2,473 - 6 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 of 2020 4. Loss of income during the laid up period 5,000 19,500 6. Conveyance, food, nourishment, attendant charges 2,000 10,000 7. Loss of amenities in life 2,000 10,000 Total 51,473 1,34,093 15. Thus, the claimant is held entitled to the total compensation of Rs.1,34,093/- as against Rs.51,473/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. In view of the judgment of Hon'ble Apex Court in the case of Kaminiben & others vs. The Oriental Insurance Company Limited and others reported in 2026 LiveLaw (SC) 174, the respondent No.2/Insurance Company being the insurer of respondent No.1/owner of the offending vehicle shall first pay the compensation to the claimant and subsequently recover the same from respondent No.1. - 7 - HC-KAR NC: 2026:KHC:26657 MFA No. 887 of 2020 17. 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.: 56