- 1 - HC-KAR NC: 2026:KHC:26965 MFA No. 4610 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4610 OF 2022(MV-I) BETWEEN: SRI. RAJKUMAR V.G S/O V.R GOPAL AGED ABOUT 52 YEARS R/AT ANCHEPALYA SRIKANTAPURA, NAGASANDRA BANGALORE NORTH BANGALURU - 560 073 …APPELLANT (BY SRI. NINGARAJA M.N, ADVOCATE) AND: 1. MBC CRANES NO.596, DR. RAJKUMAR ROAD 2ND STAGE OPP. STATE. THERESA HOSPITAL RAJAJINAGAR, BENGALURU - 560 010 2. THE MANAGER IFFCO-TIKIO GENERAL INSURANCE CO.LTD., SRI. SHAKTHI TOWERS 4TH FLOOR, NO 141, 3RD MAIN EAST TO NGEF LAYOUT, KASTURINAGAR BENGALURU - 560 043 …RESPONDENTS (BY SRI. C. SEETHARAMA RAO, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26965 MFA No. 4610 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 22.12.2021 PASSED IN MVC NO. 5491/2019 ON THE FILE OF THE VIII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-5), 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: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.4,88,974/- 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:26965 MFA No. 4610 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Loss of future income 1,96,560 3. Medical expenses 1,14,914 4. Future medical expenses 50,000 5. Loss of income during the laid up period 2,500 6. Conveyance, food, nourishment, attendant charges 25,000 7. Loss of amenities in life 50,000 Total 4,88,974 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 9% 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 shaft, right femur, cut laceration right thumb web space and cut laceration chin, avulsion of anterior inferior iliac spine, right fibular neck fracture with hemarthrosis and head injury with amnesia. - 4 - HC-KAR NC: 2026:KHC:26965 MFA No. 4610 of 2022 6. Since the Doctor has assessed the disability to the whole body at 9.8%, it would be just and appropriate to consider to assess the disability at 10%. Accordingly, the disability suffered by the claimant would be at 10%. 7. The Tribunal has determined the monthly income, notionally at Rs.14,000/-, which is in my opinion is just and proper. 8. As the claimant was 50 aged years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,18,400/- (14,000 x 12 x 13 x 10%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.2,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000 X 3 months). 10. The sum awarded as medical expenses at Rs.1,14,914/- being based on documentary evidence, do not call for modification and hence confirmed. - 5 - HC-KAR NC: 2026:KHC:26965 MFA No. 4610 of 2022 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 50,000 50,000 2. Loss of future income 1,96,560 2,18,400 3. Medical expenses 1,14,914 1,14,914 4. Future medical expenses 50,000 50,000 5. Loss of income during the laid up period 2,500 42,000 6. Conveyance, food, nourishment, attendant charges 25,000 25,000 7. Loss of amenities in life 50,000 50,000 Total 4,88,974 5,50,314 12. Thus, the claimant is held entitled to the total compensation of Rs.5,50,314/- as against Rs.4,88,974/- along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2026:KHC:26965 MFA No. 4610 of 2022 13. 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.: 7