- 1 - HC-KAR NC: 2026:KHC:26609 MFA No. 4938 of 2022 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.4938 OF 2022(MV-I) BETWEEN: SRI. ALEEM K.M S/O ABDUL MUNAVAR AGED ABOUT 33 YEARS R/T #388, 12TH A CROSS ILLIYASNAGAR, J.P NAGAR POST BENGALURU-560 078 …APPELLANT (BY SRI. GURUDEV PRASAD K.T., ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO. LTD T.P CLAIMS HUB 5TH AND 6TH FLOOR KRUSHIBHAVAN HUDSON CIRCLE BENGALURU-560 002 BY ITS MANAGER 2. SMT. SUKANYA J.N W/O SHVIANNA R/A NO.162/133 NEAR DATTATREYA TEMPLE HOSAKEREHALLI, BSK 3RD STAGE BENGALURU-560 085 …RESPONDENTS (BY SRI. SHANKARA REDDY C & MUNIRAJA N.K, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26609 MFA No. 4938 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.03.2022 PASSED IN MVC NO. 4230/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR 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.2,79,716/- 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. Medical expenses 99,716 3. Loss of amenities in life 50,000 4. Future medical expenses 30,000 - 3 - HC-KAR NC: 2026:KHC:26609 MFA No. 4938 of 2022 5. Conveyance, food, nourishment, attendant charges 50,000 Total 2,79,716 4. The Tribunal has not awarded any sums towards loss of future income and loss of income during laid up period recording a finding that the claimant has been continued in service even after the accident and there is no difficulty for him to do earlier job. 5. I have perused the evidence of the Doctor-PW.3 and the wound certificate-Ex.P4. The same depicts that the claimant has suffered fracture of left clavicle, fracture LT with subrtochanteric extension right femur, fracture left acetabulum and fracture medial malleolus left ankle. In view of the same, I am of the opinion that since the claimant has suffered fracture and has been hospitalized for nearly 28 days, it would be just and appropriate to award "loss of income during laid up period". Thus, the claimant would be entitled to Rs.1,12,749/- (Rs.37,583 X 3 months). 6. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 4 - HC-KAR NC: 2026:KHC:26609 MFA No. 4938 of 2022 Rs.1,00,000/- towards 'loss of amenities', as against the sum of Rs.50,000/- awarded by the Tribunal. 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. 8. The sums awarded as 'medical expenses' at Rs.99,716/-, being based on documentary evidence, do not call for modification and hence confirmed. 9. The sums awarded under the head 'future medical expenses’ and 'conveyance, nourishment and attendant charges' 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 50,000 75,000 2. Medical expenses 99,716 99,716 3. Loss of amenities in life 50,000 1,00,000 - 5 - HC-KAR NC: 2026:KHC:26609 MFA No. 4938 of 2022 4. Future medical expenses 30,000 30,000 5. Conveyance, food, nourishment, attendant charges 50,000 50,000 6. Loss of income during laid up period - 1,12,749 Total 2,79,716 4,67,465 11. Thus, the claimant is held entitled to the total compensation of Rs.4,67,465/- as against Rs.2,79,716/-, 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 HKV List No.: 1 Sl No.: 37