- 1 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 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.4026 OF 2021(MV-I) BETWEEN: SRI RAJASHEKARA S.N S/O NANJUNDAIAH AGED 35 YEARS R/O SARAGURU VILLAGE NANJANGUD TALUK MYSURU DISTRICT PIN-571 129 …APPELLANT (BY SRI. BHANU PRAKASH H.V.,ADVOCATE) AND: 1. SRI. S.S MANOHAR S/O SRI SIDDASHETTY AGED ABOUT 35 YEARS SARAGURU VILLAGE NANJANGUD TALUK PIN 571129 (DRIVER OF GOODS TEMPO VEHICLE BEARING NO. KA-11-3851) 2. SRI SHIVANNA S/O SIDDANAYAKA AGED ABOUT 50 YEARS RESIDING AT NO.76 SARAGURU VILLAGE NAGARLE POST-571 129 BILIGERE HOBLI NANJANGUD TALUK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 (OWNER OF GOODS TEMPO VEHICLE BEARING NO.KA-11-3851) 3. THE MANAGER RELIANCE INSURANCE COMPANY LTD FIRST FLOOR MYSURU TRADE CENTER OPPOSITE TO KSRTC BUS STAND MYSURU-570 001 (POLICY NO. 1403742334000004 FROM 26.04.2014 TO 25.04.2015) …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R3, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.06.2018 PASSED IN MVC NO.839/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, NANJANGUD, 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:26800 MFA No. 4026 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,98,244/- 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 25,000 2. Loss of future earnings on account of permanent disability 2,92,989 3. Medical expenses 55,255 4. Loss of amenities in life 25,000 Total 3,98,244 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 18% for the calculation of loss of future income. - 4 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 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 left thigh and right shoulder. 6. Since the Doctor has assessed the disability to the left lower limb at 55%, 1/3rd of it would be just and appropriate to consider the disability. Accordingly, the disability suffered by the claimant would be at 19%. 7. The Tribunal has determined the monthly income, notionally at Rs.7,979/-. 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 2014, would be Rs.9,000/-. 8. As the claimant was aged 30 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,48,840/- (9,000 x 12 x 17 x 19%) towards 'loss of future income'. - 5 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.27,000/- (9,000 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.40,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.35,000/- 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 also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.25,000/-. 13. The sum awarded as medical expenses at Rs.55,255/- being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 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 25,000 40,000 2. Loss of future income 2,92,989 3,48,840 3. Medical expenses 55,255 55,255 4. Loss of income during the laid up period --- 27,000 5. Conveyance, food, nourishment, attendant charges --- 25,000 6. Loss of amenities in life 25,000 35,000 Total 3,98,244 5,31,095 15. Thus, the claimant is held entitled to the total compensation of Rs.5,31,095/- as against Rs.3,98,244/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:26800 MFA No. 4026 of 2021 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.: 45