- 1 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 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.4799 OF 2021 (MV-I) BETWEEN: SRI. JAVARASHETTY S/O VENKATESH, AGED ABOUT 43 YEARS, RESIDING AT NO.146, HEGGADAHALLI VILLAGE AND POST, NANJANGUD TALUK, MYSURU DISTRICT - 571 301. …APPELLANT (BY SRI. PADMANABHA KEDILAYA V., ADVOCATE) AND: 1. UMASHANKAR S/O LINGANNA, RESIDING AT V.K.ENGINEERING WORKS, RAILWAY STATION ROAD, AMMASANDRA, TURUVEKERE TALUK, TUMKUR DISTRICT 572 101. 2. UNITED INDIA INSURANCE CO.LTD. DIVISIONAL OFFICE, T.P.HUB, BALLAL CIRCLE, MYSURU-570 004. …RESPONDENTS (BY SRI.MOHAN KUMAR T., ADVOCATE FOR R-2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.09.2019 PASSED IN MVC NO.517/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU. 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.8,43,488/- 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. Medical Expenses 64,188 3. Food and Nourishment 20,000 - 3 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 4. Transportation Charges 20,000 5. Loss of Amenities in life 40,000 6. Future loss of income 6,04,800 7. Attendant Charges 7,500 8. Loss of income during laid up period 27,000 Total 8,43,488 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered crush injury and there is amputation of Tarso metatarsal amputation of left foot and considered the disability to the extent of 40% 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 following injuries: 1. Left foot crush injury 2. Laceration over left parietal occipital region 3. contusion over left pelvis - 4 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 4. 2 lacerations over right elbow and medial right knee 5. Abrasion over left shoulder 6. Since the Doctor has assessed the disability to the whole body at 40%, which is just and proper. Accordingly, the disability suffered by the claimant would be at 40%. 7. 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, 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 2018 would be Rs.12,500/-. Since the disability is at the rate of 40%, 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 prospectus of 25% is added to the income. Hence, the income would be at Rs.15,625/- (12,500 + 25%) - 5 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 8. As the claimant was aged 42 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.10,50,000/- (15,625 x 12 x 14 x 40%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.60,000/- 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 Rs.60,000/- towards loss of amenities, as against the sum of Rs.40,000/- 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 at Rs.30,000/- as against the sum of Rs.20,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'attendant - 6 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 charges' at Rs.10,000/- as against the sum of Rs.7,500/- awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.64,188/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 15. 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 1,00,000 2. Medical Expenses 64,188 64,188 3. Food and Nourishment 20,000 30,000 4. Transportation Charges 20,000 20,000 5. Loss of Amenities in life 40,000 60,000 6. Future loss of income 6,04,800 10,50,000 - 7 - HC-KAR NC: 2026:KHC:26791 MFA No. 4799 of 2021 7. Attendant Charges 7,500 10,000 8. Loss of income during laid up period 27,000 27,000 Total 8,43,488 13,61,188 16. Thus, the claimant is held entitled to the total compensation of Rs.13,61,188/- as against Rs.8,43,488/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 17. 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 GPG List No.: 1 Sl No.: 28