- 1 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 5226 OF 2020 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 5223 OF 2020 (MV-I) IN MFA No. 5226/2020 BETWEEN: MR. MUTHURAJU S/O MUTHAPPA AGED ABOUT 23 YEARS R/AT SOMANAHALLI 1ST BLOCK, KANAKAPURA MAIN ROAD, SOMANAHALLI POST, BANGALORE - 82. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: THE MANAGING DIRECTOR B.M.T.C. DEPOT BANGALORE CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR BANGALORE - 27. …RESPONDENT (BY SMT. SOHANI HOLLA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2020 PASSED IN MVC NO.1531/2018 ON THE FILE OF THE XX ADDITIONAL SMALL Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 CAUSES JUDGE AND ACMM, MACT, BENGALURU SCCH-22, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 5223/2020 BETWEEN: MR. SHIVANNA @ SHIVAIAH S/O POO HUCHAPPA AGED ABOUT 37 YEARS R/AT SOMANAHALLI 1ST BLOCK, KANAKAPURA MAIN ROAD, SOMANAHALLI POST, BANGALORE - 82. ALSO AT DOOR NO.5/85 KESTUR MANJUKONDAPALLI, KRISHNAGIRI DISTRICT, TAMILNADU - 635 102. ...APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: THE MANAGING DIRECTOR B.M.T.C. DEPOT BANGALORE CENTRAL OFFICE, K.H. ROAD, SHANTHINAGAR BANGALORE - 27. ...RESPONDENT (BY SMT. SOHANI HOLLA, ADVOCATE) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.08.2020 PASSED IN MVC NO.1530/2018 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM MACT, BENGALURU SCCH-22 PARTLY ALLOWING THE CLAIM - 3 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT IN MFA 5226/2020 1. The claimant, being dissatisfied with the compensation of Rs.1,80,000/- 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 20,000 2. Loss of future income 97,200 3. Medical expenses 12,243 4. Future medical expenses 30,000 - 4 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 5. Conveyance, food, nourishment, attendant charges 15,000 6. Loss of amenities in life 5,000 Total 1,80,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has sustained disability of 16% to the whole body as per Ex.P.11. On perusal of Ex.P.11 it is not in dispute that the petitioner sustained grievous injuries and he was admitted as in-patient for a period of 20 days. As such, I am of the considered view that tribunal is erred in considering taking the disability at 5%, accordingly the same is considered at 16% instead of 5%. 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 compound fracture of both bones of right leg and other injuries over the body. 6. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, - 5 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 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 2016, would be Rs.9,5000/-. 7. 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.3,28,320/- (9,500 x 12 x 18 x 16 %) towards 'loss of future income' as against Rs.97,200/- awarded by the Tribunal. 8. Having regard to the injuries suffered by the claimant, and its longing effect on the claimant and loss of pay during treatment, the claimant is also entitled for sum of Rs.19,000/- (9,500 x 2) towards 'loss of income during the laid up period'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 6 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 Rs.15,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.12,243/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 13. 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 20,000 35,000 2. Loss of future income 97,200 3,28,320 3. Medical expenses 12,243 12,243 4. Future medical expenses 30,000 30,000 5. Conveyance, food, nourishment, attendant charges 15,000 15,000 - 7 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 6. Loss of amenities in life 5,000 15,000 7 Loss of income during laid up period -- 19,000 Total 1,80,000 4,54,563 14. Thus, the claimant is held entitled to the total compensation of Rs.4,54,563/- as against Rs.1,80,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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. IN MFA 5223/2020 1. The claimant, being dissatisfied with the compensation of Rs.92,000/- 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. - 8 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 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 income 36,720 3. Medical expenses 10,100 4. Conveyance, food, nourishment, attendant charges 15,000/- 5. Loss of future amenities and happiness 10,000 Total 92,000/- 4. Having regard to the nature, gravity and the lasting effects of the injuries suffered by the claimant, I deem it appropriate that instead of enhancing the sum under each head, it would be just and appropriate to award additional compensation of Rs.35,000/- as a global compensation, in addition to what has been awarded by the Tribunal i.e., Rs.92,000/-. Thus, the claimant is held entitled to the total compensation of Rs.1,27,000/- as against Rs.92,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 9 - HC-KAR NC: 2026:KHC:26091 MFA No. 5226 of 2020 C/W MFA No. 5223 of 2020 5. The Insurance Company is directed to deposit the amount of additional compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. 6. Accordingly, in modification of the impugned judgment and award of the Tribunal to the above extent, the appeal is partly allowed. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 23