- 1 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 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. 149 OF 2022 (MV-I) BETWEEN: SRI PRASHANTH R S/O RAGHUNATH SING V AGED ABOUT 42 YEARS R/AT HAROPURA VILLAGE GEJJIGANAHALLI POST BILIGERE HOBLI NANJANAGUD TALUK - 571 301 …APPELLANT (BY SRI. TEJAS N, ADVOCATE) AND: THE MANAGING DIRECTOR KARNATAKA STATE ROAD TRANSPORT CORPORATION K.H ROAD, SHANTHINAGAR BANGALORE - 560 027 …RESPONDENT (BY SRI. H.R. RENUKA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.09.2021 PASSED IN MVC NO. 4752/2019 ON THE FILE OF THE MEMBER, MACT, XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), 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:26858 MFA No. 149 of 2022 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.3,99,671/- rounded off to Rs.3,99,700/- 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 future earnings 2,95,680 3. Medical expenses 23,991 4. Future medical expenses 10,000 5. Loss of income during the laid up period 20,000 6. Conveyance, food, nourishment, attendant charges 10,000 - 3 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 of 2022 7. Loss of amenities in life 20,000 Total 3,99,671 Rounded off to 3,99,700 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 16% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has suffered following injuries: i) Subtrochanteric fracture of femur. ii) type 1 bone leg fracture with fracture of right medial malleoli. 6. Since the Doctor has assessed the disability at 61% to the right lower limb and 44% disability to the left lower limb and to the whole body at 32%, it would be just and appropriate to assess the disability at 32%. Accordingly, the disability suffered by the claimant would be at 32%. - 4 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 of 2022 7. The Tribunal has determined the monthly income, notionally at Rs.11,000/-. 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 2019, would be Rs.14,000/-. 8. Since the claimant has suffered 32% and is aged 41 years, 25% towards future prospects requires to be added to the income, which makes his income to be Rs.17,500/- (14,000 + 25%). 9. As the claimant was aged 41 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.9,40,800/- (17,500 x 12 x 14 x 32%) towards 'loss of future income' as against Rs.2,95,680/- awarded by the Tribunal. 10. Having regard to the disability suffered, it would be just and appropriate to treat the laid up period as three months. As a consequence, the claimant would be entitled to a sum of Rs.42,000/- (14,000 X 3 months) towards 'loss of income - 5 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 of 2022 during the laid up period' as against Rs.20,000/- awarded by the Tribunal. 11. Having regard to the injuries suffered by the claimant and the lasting effect of the injuries, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- and a sum of Rs.40,000/- towards 'loss of amenities' as against Rs.20,000/- awarded by the Tribunal. Further, the sum awarded towards Conveyance, food and nourishment is also enhanced to Rs.20,000/- as against Rs.10,000/- awarded by the Tribunal. 12. Having regard to the expenses incurred towards surgery for removal of implant, the claimant would be entitled to a sum of Rs.60,000/- towards future medical expenses, as against the sum of Rs.10,000/- awarded by the Tribunal. 13. The sum of Rs.23,991/- awarded towards medical expenses, being based documentary evidence, the same is affirmed. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 20,000 50,000 2. Loss of future income 2,95,680 9,40,800 3. Medical expenses 23,991 23,991 4. Future medical expenses 10,000 60,000 5. Loss of income during the laid up period 20,000 42,000 6. Conveyance, food, nourishment, attendant charges 10,000 20,000 7. Loss of amenities in life 20,000 40,000 Total 3,99,671 11,76,791 15. Thus, the claimant is held entitled to the total compensation of Rs.11,76,791/- as against Rs.3,99,700/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:26858 MFA No. 149 of 2022 16. The KSRTC 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 PKS List No.: 1 Sl No.: 76