- 1 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 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.6148 OF 2022(MV-I) BETWEEN: SRI SHIVANNA S/O LATE SHIVANANJAIAH AGED ABOUT 54 YEARS R/AT D.M.G HALLI VILLAGE YELAWALA HOBLI, MYSURU TALUK & DISTRICT-571 130 …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. SRI. CHANDRASHEKARA S/O NAGARAJACHARI AGED ABOUT 52 YEARS R/AT DODDA MARAGOWDANAHLALI VILLAGE YELAWALA HOBLI, MYSURU TALUK & DISTRICT- 571 130 2. SRI. BASAVARAJU S/O SUBBEGOWDA AGED ABOUT MAJOR R/AT D.NO.7, 4TH MAIN 2ND CROSS, JAYANAGARA MYSURU DISRICT-570 014 3. THE UNITED INDIA INSURANCE COMPANY LTD 'PADMALAYA' D.NO.1259, 2ND FLOOR VINOBA ROAD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 of 2022 SHIVARAMAPET MYSURU-570 001 …RESPONDENTS (BY SRI. B.A. RAMAKRISHNA, ADVOCATE FOR R3, VIDE ORDER DATED 05/04/2023, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.12.2021 PASSED IN MVC NO.1320/2018 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.4,56,600/- 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: - 3 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000 2. Loss of future income 1,71,600 3. Medical expenses 1,80,000 4. Future medical expenses 25,000 5. Attendant and traveling expenses 20,000 6. Food and nourishment 20,000 7. Loss of amenities in life 25,000 Total 4,81,600 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10%. 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 ORIF of left maxillary fracture + closed reduction of nasal bone and fixation of fronto-orbital depressed fracture. - 4 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 of 2022 6. Since the Doctor has assessed the intellectual disability at 25% (IQ-70, borderline level), it would be just and appropriate to assess the disability at 18%. Accordingly, the disability suffered by the claimant would be at 18% 7. The Tribunal has determined the monthly income, notionally at Rs.11,000/-, which, in my opinion, is just and proper. 8. As the claimant was aged 50 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,08,880/- (11,000 x 12 x 13 x 18%) towards 'loss of future income'. 9. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.33,000/- (11,000 X 3 months) towards 'loss of income during the laid up period'. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 of 2022 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to Rs.50,000/- towards 'Food and nourishment and attendant and traveling expenses' as against Rs.40,000/- awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.1,80,000/- being based on documentary evidence, do not call for modification and hence confirmed. 14. 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 40,000 50,000 2. Loss of future income 1,71,600 3,08,880 - 6 - HC-KAR NC: 2026:KHC:26652 MFA No. 6148 of 2022 3. Medical expenses 1,80,000 1,80,000 4. Future medical expenses 25,000 30,000 5. Loss of income during the laid up period --- 33,000 6. Food and nourishment, attendant and traveling expenses 40,000 50,000 7. Loss of amenities in life 25,000 40,000 Total 4,81,600 6,91,880 15. Thus, the claimant is held entitled to the total compensation of Rs.6,91,880/- as against Rs.4,81,600./-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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 CR/List No.: 1 Sl No.: 51