- 1 - HC-KAR NC: 2026:KHC:26612 MFA No. 90 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. 90 OF 2020 (MV-I) BETWEEN: SRI BORAIAH @ ETTINA BORAIAH S/O BORAIAH @ GUNDA MUDUGA BORAIAH AGED ABOUT 43 YEARS R/O GONUR VILLAGE CHITRADURGA TALUK AND DISTRICT-577 501 …APPELLANT (BY SRI. KANTHARAJAPPA M.G., ADVOCATE) AND: 1. SYED ANWAR S/O OBEDULLA AGE MAJOR R.C. OWNER OF SRE BUS BEARING NO.KA-17-A-4898 R/O NAYAKANAHATTY CIRCLE MAIN ROAD, NAYAKANAHATTI CHALLAKERE TALUK CHITRADURGA DISTRICT-577 501 2. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD. BRANCH OFFICE JAGALUR MAHALINGAPPA COMPLEX P.B ROAD, CHITRADURGA TOWN-577 501 …RESPONDENTS (BY SRI. K. KISHORE KUMAR REDDY, ADVOCATE FOR R2, R1 - SYED ANWAR SERVED AND UNREPRESENTED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26612 MFA No. 90 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 13.11.2018, PASSED IN MVC NO.1384/2016, ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, CHITRADURGA, 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 1. The claimant, being dissatisfied with the compensation of Rs.63,000/- 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 20,000/- 2. Loss of amenities and unhappiness 20,000/- 3. Loss of income during laid up period 8,000/- 4. Disability head 15,000/- Total 63,000/- - 3 - HC-KAR NC: 2026:KHC:26612 MFA No. 90 of 2020 4. The Tribunal, on analysis of medical evidence, has recorded a finding that although the fractures are grievous in nature, since the disability suffered by the claimant would not affect the loss of his future income, the claimant would be entitled for compensation under the head 'disability' and not under the head 'loss of future earnings'. In my view, the finding of the Tribunal does not require any interference. However, having regard to the nature, gravity of the injuries suffered by the claimant, he would be entitled to a sum of Rs.50,000/- under the head 'disability', as against the sum of Rs.15,000/- awarded by the Tribunal. 5. 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 2016, would be Rs.9,500/-. 6. As a consequence, the claimant would be entitled to Rs.28,500/- (9,500 X 3 months) as against Rs.8,000/- awarded by the Tribunal towards loss of income during laid up period. - 4 - HC-KAR NC: 2026:KHC:26612 MFA No. 90 of 2020 7. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 9. 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 20,000 30,000 2. Loss of amenities and unhappiness 20,000 30,000 3. Loss of income during laid up period 8,000 28,500 4. Disability head 15,000 50,000 Total 63,000 1,38,500 10. Thus, the claimant is held entitled to the total compensation of Rs.1,38,500/- as against Rs.63,000/-, along - 5 - HC-KAR NC: 2026:KHC:26612 MFA No. 90 of 2020 with interest at the rate of 6% per annum from the date of petition till its realization. 11. 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.: 53