- 1 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 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.4670 OF 2022 (MV-I) BETWEEN: SANGMESH S/O GANGADHARAIAH, NOW AGED ABOUT 23 YEARS, R/O BANGARGARE VILLAGE, HANDANAKERE HOBLI, C.N. HALLI TALUK TUMKURU DISTRICT 572 214. …APPELLANT (BY SRI. CHANDRASHEKARA K.A., ADVOCATE) AND: 1. H.M. MADHUSUDHAN S/O SADASHIVAIAH AGED ABOUT 41 YEARS R/O 3RD MAIN FRONT OF GURUKULA KALYANAMANTAPA K.R EXTENSION, TIPTUR, TUMKUR DISTRICT 572 214. 2. UNITED INDIAN INSURANCE COMPANY LIMITED RAGAVENDRA COLONY, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 of 2022 B.H ROAD, TIPTUR, TUMKURU DISTRICT 572 214. REP BY ITS MANAGER …RESPONDENTS (BY SRI.L.SREEKANTA, ADVOCATE FOR R-2; V/O DTD 04.06.2026 NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.11.2021 PASSED IN MVC NO.562/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, JMFC, XIX MACT, CHIKKANAYAKANAHALLI, 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.2,60,670/- awarded by the Tribunal, is in appeal. - 3 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 of 2022 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 income 66,420 3. Medical expenses 1,42,750 4. Loss of income during the laid up period 1,500 5. Conveyance, food, nourishment, attendant charges 15,000 6. Loss of amenities in life 10,000 Total 2,60,670 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 3% 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 grievous injuries. - 4 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 of 2022 6. Having regard to the injuries suffered by the claimant, it would be just and appropriate to consider disability at 4%. Accordingly, the disability suffered by the claimant would be at 4%. 7. The Tribunal has determined the monthly income, notionally at Rs.10,250/-. 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 2017 would be Rs.11,000/-. 8. As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.95,040/- (11,000 x 12 x 18 x 4%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.1,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.22,000/- (11,000 X 2). - 5 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 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.25,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 11. 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/- as against the sum of Rs.15,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.1,42,750/-, being based on documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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:26720 MFA No. 4670 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 25,000 25,000 2. Loss of future income 66,420 95,040 3. Medical expenses 1,42,750 1,42,750 4. Loss of income during the laid up period 1,500 22,000 5. Conveyance, food, nourishment, attendant charges 15,000 25,000 6. Loss of amenities in life 10,000 25,000 Total 2,60,670 3,34,790 15. Thus, the claimant is held entitled to the total compensation of Rs.3,34,790/- as against Rs.2,60,670/-, 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. - 7 - HC-KAR NC: 2026:KHC:26720 MFA No. 4670 of 2022 The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 13