- 1 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 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.6142 OF 2022(MV-I) BETWEEN: IMRAN PASHA S/O BUDEN SAB AGED ABOUT 38 YEARS R/AT NO.300, RAZAK SAB PALYA BAGALUR, BENGALURU NORTH-562 149. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. RAJAGOPAL S/O MUNISHAMAIAH MAJOR RESIDING AT NO.37, 1ST CROSS WARD NO.16, WEAVERS A COLONY NELAMANGALA BENGALURU RURAL-562 123 2. THE MANAGER RELIANCE GENERAL INSURANCE CO LTD., NO.3, 1ST FLOOR, NORTH WING MANANDI PLAZA, ST. MARKS ROAD BENGALURU-560 001. …RESPONDENTS (BY SRI. H.S. LINGARAJU, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.02.2022 PASSED IN MVC NO. 3078/2019 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. 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.4,28,000/- 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 2,30,400/- 3. Medical expenses 1,07,600/- - 3 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 4. Loss of amenities 25,000/- 5. Conveyance, food, nourishment and attendant charges 10,000/- 6. Loss of income during laid up period 15,000/- 7. Future medical expenses 10,000/- Total 4,28,000/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% 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 following injuries: i. Fracture of 2nd, 3rd and 4th metatarsal of right foot. ii. Laceration over right foot. iii. Laceration over right ear. 6. Since the Doctor has assessed the permanent disability at 42% to the right lower limb and 14% to the whole body, the Tribunal has assessed the disability at 10% to the whole body. Having regard to the nature of the injuries - 4 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 sustained by the claimant and having perused the medical records, I deem it appropriate to assess the disability at 14%. Accordingly, the disability suffered by the claimant would be at 14%. 7. The Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,76,320/- (14,000 x 12 x 16 x 14%) towards 'loss of future income'. 9. As a consequence, the claimant would be entitled to a sum of Rs.42,000/- towards 'loss of income during the laid up period' (Rs.14,000/- X 3 months) as against Rs.15,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of 'amenities', as against the sum of Rs.25,000/- awarded by the Tribunal. 11. 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. 12. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.35,000/- towards 'conveyance, food and nourishment and attendant charges', as against the sum of Rs.10,000/- awarded by the Tribunal. 13. Since the claimant requires surgery for removal of implant, I deem it appropriate to award Rs.40,000/- towards 'future medical expenses' as against Rs.10,000/- awarded by the Tribunal. - 6 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 14. The sums awarded as 'medical expenses' at Rs.1,07,600/-, being based on documentary evidence, do not call for modification and hence confirmed. 15. 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 2,30,400 3,76,320 3. Medical expenses 1,07,600 1,07,600 4. Loss of income during the laid up period 15,000 42,000 5. Conveyance, food, nourishment, attendant charges 10,000 35,000 6. Loss of amenities in life 25,000 50,000 7. Future Medical expenses 10,000 40,000 Total 4,28,000 6,90,920 16. Thus, the claimant is held entitled to the total compensation of Rs.4,28,000-/- as against Rs.6,90,920/-, - 7 - HC-KAR NC: 2026:KHC:26610 MFA No. 6142 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 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 and thereafter, recover the same from respondent No.1. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 50