- 1 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 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.2284 OF 2022(MV-I) BETWEEN: SRI. T.K SHIVARAJU S/O KARETHIMMAIAH, AGED 30 YEARS R/O DURGADAHALLI URDIGERE HOBLI, TUMAKURU TALUK & DIST. - 572 140 …APPELLANT (BY SRI. M.B CHANDRACHOODA, ADVOCATE) AND: 1. NARAYANAPPA S/O SIDDAPPA, AGED 39 YEARS THIMMANAYAKANAHALLI, DEVARAYANDURGA POST, URDIGERE HOBLI, TUMAKURU TQ & DISTRICT-572 140 2. THE BRANCH MANAGER NEW INDIA ASSURANCE CO.LTD., OPP. RAMAMANDIRA GENERAL CARIYAPPA ROAD BARLINE ROAD, K.R. EXTENSION, TUMAKURU - 572 101 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2, VIDE ORDER DATED 20/03/2023, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 22.01.2020, PASSED IN MVC NO.621/2017, ON THE FILE OF THE II-ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU, 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 The claimant, being dissatisfied with the compensation of Rs.18,46,000/- 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 60,000/- 2. Loss of future earnings 12,24,000/- 3. Medical expenses 4,62,531/- 4. Attendant charges 15,000/- - 3 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 5. Loss of income during the laid up period 24,000/- 6. Conveyance, food, nourishment 30,000/- 7. Loss of amenities in life 30,000/- Total 18,45,531/- Rounded off 18,46,000/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 75% to the whole body. 5. I have perused the evidence of the Doctor - PW.1 and the wound certificate. The same depicts that the claimant has suffered fracture of right femur, right shaft, fracture of burst and other multiple bleeding injuries, L2 burst compression fracture, fracture of neck of scapula right, isolate undisplaced fracture of zygoma. 6. Since the Doctor has assessed the permanent disability at 100% to the whole body, having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I am of the view that the Tribunal has rightly assessed the disability at 75% to the whole body. - 4 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 Accordingly, the disability suffered by the claimant would be at 75%. 7. 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/-. 8. Since the disability suffered by the claimant is assessed at 75%, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of Sidram vs. United India 2023 (3) SCC 439, the future prospects of 40% requires to be added to the income. Hence, the income would be at Rs.15,400/- (11,000 + 40%). 9. As the claimant was aged 28 years, multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.23,56,200/- rounded off - 5 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 to Rs.23,56,000/-(15,400 x 12 x 17 x 75%) towards 'loss of future income'. 10. Since the claimant has suffered 75% disability, I deem it just and appropriate to treat the laid up period as 6 months. As a consequence, the amount of Rs.24,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.66,000/- (11,000/- X 6). 11. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.60,000/- awarded by the Tribunal. 12. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'loss of amenities', as against the sum of Rs.30,000/- awarded by the Tribunal. 13. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of - 6 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 Rs.50,000/- towards 'attendant charges', as against the sum of Rs.15,000/- awarded by the Tribunal. 14. Since the claimant is suffering from loss of bladder control with urinary catheter disability at 100% and that he ahs total loss of bowel control, as per the evidence of the Doctor- PW.1, I deem it appropriate to award Rs.50,000/- towards 'future medical expenses'. 15. The sums awarded as medical expenses at Rs.4,62,531/-, being based on documentary evidence, do not call for modification and hence, the same is confirmed. 16. The sums awarded under the head conveyance, food and nourishment' by the Tribunal, remain unaltered. 17. 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 60,000 75,000 - 7 - HC-KAR NC: 2026:KHC:26967 MFA No. 2284 of 2022 2. Loss of future earnings 12,24,000 23,56,000 3. Medical expenses 4,62,531 4,62,531 4. Future medical expenses - 50,000 5. Loss of income during the laid up period 24,000 66,000 6. Conveyance, food and nourishment 30,000 30,000 7. Loss of amenities in life 30,000 75,000 8. Attendant charges 15,000 50,000 Total 18,45,531 31,64,731 Rounded off 18,46,000 31,64,800 18. Thus, the claimant is held entitled to the total compensation of Rs.31,64,800/- as against Rs.18,46,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 19. 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.: 47