- 1 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 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.5343 OF 2022(MV-I) BETWEEN: SRI DEEPU S/O PUTTARAMAIAH AGED ABOUT 33 YEARS R/AT YELACHIPALYA VILLAGE KASABA HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT …APPELLANT (BY SRI. RAJU S, ADVOCATE) AND: 1. SRI CHANDREGOWDA H.V S/O VENKATEGOWA .H R/AT HODIKEHOSAHALLI VILLAGE MALURU HOBLI, CHANNAPATNA TALUK RAMANAGARA DISTRICT 2. UNITED INDIA INSURANCE COMPANY LTD., 1ST FLOOR OPP RVR COMPLEX BEHIND LIC OFFICE KSRTC BUS STAND IJOOR, RAMANAGARA-562 159 REPTD. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R2 VIDE ORDER DATED 02/01/2024, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.11.02.2022 PASSED IN MVC NO.2/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ADDITIONAL MACT, CHANNAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.2,67,191/- 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 1,79,520 3. Medical expenses 25,671 4. Future medical expenses 10,000 - 3 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 of 2022 5. Loss of income during the laid up period 17,000 6. Conveyance, food, nourishment, attendant charges 10,000 Total 2,67,191 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 11% to the whole body. Having regard to the injuries suffered and the medical evidence, in my view, the Tribunal is justified in assessing the disability at 11%. 5. The Tribunal has determined the monthly income, notionally at Rs.8,500/-. 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/-. 6. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,32,320/- (11,000 x 12 x 16 x 11%) towards 'loss of future income'. - 4 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 of 2022 7. As a consequence, having regard to the medical records of the claimant, the amount of Rs.17,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.44,000/- (11,000 X 4 months). 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- 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.35,000/- towards loss of amenities. 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 Rs.25,000/- as against the sum of Rs.10,000/- awarded by the Tribunal. 11. Having regard to the injury suffered by the claimant, its long lasting effect and its future treatment, the claimant would - 5 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 of 2022 be entitled to 'Future medical expenses' Rs.20,000/- as against the sum of Rs.10,000/- awarded by the Tribunal. 12. The sums awarded as medical expenses at Rs.25,671/-, being based on documentary evidence, do not call for modification and hence confirmed. 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 25,000 50,000 2. Loss of future income 1,79,520 2,32,320 3. Medical expenses 25,671 25,671 4. Future medical expenses 10,000 20,000 5. Loss of income during the laid up period 17,000 44,000 6. Conveyance, food, nourishment, attendant charges 10,000 25,000 7. Loss of amenities in life 35,000 Total 2,67,191 4,31,991 - 6 - HC-KAR NC: 2026:KHC:26962 MFA No. 5343 of 2022 14. Thus, the claimant is held entitled to the total compensation of Rs.4,31,991/- as against Rs.2,67,191/-, 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. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 29