- 1 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 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. 3781 OF 2021 BETWEEN: SMT. BIBI KAMARUNISA W/O MOHAMMED YUSUF AGED ABOUT 67 YEARS R/O SIRUR VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT …APPELLANT (BY SRI. NAGARAJA H.R, ADVOCATE) AND: 1. SRI. ANAND SHETTY S/O NARAYAN SHETTY AGE MAJOR R/O GAYADI MANE AARESIRUR. GOLIHOLE KUNDAPURA TALUK UDUPI DISTRICT 2. UNITED INDIA INSURANCE CO.LTD BRANCH OFFICE OPP. KSRTC DEPOT NH-66. VADERAHOBLI KUNDAPURA REP. BY ITS BRANCH MANAGER 3. SRI AASHIF KALU SAMAR S/O KURANI CHOWK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 AGE MAJOR R/O OPP. EESHABYA SHOP GOVINDAPURA JUNAGAD DISTRICT GUJARAT-362 265 4. NATIONAL INSURANCE CO.LTD DIVISIONAL OFFICE SHANKAR COMPLEX MASJID ROAD, UDUPI REP. BY ITS DIVISIONAL MANAGER …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, SRI. RAVISH BENNI, ADVOCATE FOR R4, NOTICE TO R1 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.10.2016 PASSED IN MVC NO. 1053/2013 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI (SITTING AT KUNDAPURA), KUNDAPURA, 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: - 3 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.65,000/- 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 30,000 2. Loss of future income 15,000 3. Medical expenses 5,000 4. Loss of income during the laid up period 10,000 5. Conveyance, food, nourishment, attendant charges 5,000 Total 65,000 - 4 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 12% 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 fracture of right humerus bone. Since the medical certificate and disability certificate produced by the claimant as per Exs.P9 and P10 discloses that there is 12% disability to the whole body, in my considered opinion, the disability suffered by the claimant would be 5%. 6. 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 2013, would be Rs.8,000/-. 7. As the claimant was aged 60 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be - 5 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 entitled to a sum of Rs.43,200/- (8,000 x 12 x 9 x 5%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.10,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.24,000/- (8,000 X 3 months). 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal. 10. 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.5,000/- awarded by the Tribunal. 11. Having regard to the injury sustained by the claimant and nature of treatment in the hospital, the claimant would be entitled to 'Medical expenses' at Rs.10,000/- as against the sum of Rs.5,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 12. Having regard to the nature of injury sustained by the claimant, its lasting effect and the future treatment, the claimant would also be entitled to future medical expenses Rs.25,000/-. 13. 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 30,000 40,000 2. Loss of future income 15,000 43,200 3. Medical expenses 5,000 10,000 4. Loss of income during the laid up period 10,000 24,000 5. Conveyance, food, nourishment, attendant charges 5,000 10,000 6. Future medical expenses ---- 25,000 Total 65,000 1,52,200 - 7 - HC-KAR NC: 2026:KHC:26337 MFA No. 3781 of 2021 14. Thus, the claimant is held entitled to the total compensation of Rs.1,52,200/- as against Rs.65,000./-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. The respondent No.2 - 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.: 45