- 1 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 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.3881 OF 2020(MV-I) BETWEEN: RAVI @ SAVIKUMAR S/O BEERAIAH AGED ABOUT 33 YEARS, R/AT SATHANUR VILLAGE, MANDYA TQ AND DISTRICT PIN-571 401 …APPELLANT (BY SRI. SANATH KUMARA K.M, ADVOCATE) AND: 1. MAHESHBABU S/O CHANNEGOWDA R/AT SATHANUR VILLAGE, MANDYA TQ AND DISTRICT PIN-571 401 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO.LTD., KAMBLI BUILDING NO.1119 M.C.ROAD, MANDYA PIN-571 401 …RESPONDENTS (BY SRI. SURESH, ADVOCATE FOR R2, VIDE ORDER DATED 22/04/2022 - R1 NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.08.2019 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 NO.582/2017 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANDYA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.94,304/- 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 income 32,640 3. Medical expenses 4,664 4. Loss of income during the laid up period 16,000 5. Conveyance, food, nourishment, attendant charges 6,000 - 3 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 6. Loss of amenities in life 10,000 Total 94,304 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 6% to the particular limb. However, it considered the functional disability at 2% for calculating the loss of future income, which needs to re-assessed. Looking into the assessment of disability by the doctor, the doctor has assessed 18% disability to the right lower limb and 6% to right upper limb. It will be resulting to 24%, 1/3rd of it would be just and appropriate to consider the disability. Accordingly, the disability suffered by the claimant would be at 8%. 5. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 2017, would be Rs.11,000/-. - 4 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 6. 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.1,79,520/- (11,000 x 12 x 17 x 8%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.16,000/- 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 months). 8. 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.25,000/- awarded by the Tribunal. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.20,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 10. 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 - 5 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 Rs.15,000/- as against the sum of Rs.6,000/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.4,664/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. 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 35,000 2. Loss of future income 32,640 1,79,520 3. Medical expenses 4,664 4,664 4. Loss of income during the laid up period 16,000 22,000 5. Conveyance, food, nourishment, attendant charges 6,000 15,000 6. Loss of amenities in life 10,000 20,000 Total 94,304 2,76,184 - 6 - HC-KAR NC: 2026:KHC:26790 MFA No. 3881 of 2020 13. Thus, the claimant is held entitled to the total compensation of Rs.2,76,184/- as against Rs.94,304/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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.: 42