- 1 - HC-KAR NC: 2026:KHC:26788 MFA No. 190 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. 190 OF 2020 (MV-I) BETWEEN: VARADAPPA S/O GAVIRANGAIAH, AGED ABOUT 58 YEAWRS R/O THORAEMANAE VILLAGE HULIYAR HOBI, C.N. HALLI TALUK, TUMKUR DISTRICT-572 214. …APPELLANT (BY SRI. CHANDRASHEKARA K.A, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD RAGHAVENDRA COLONY, B.G. ROAD, TIPTUR, TUMKUR DISTRICT-572 201 REPRESENTED BY ITS MANAGER 2. NARENDRABABU S/O DODDAIAH MAJOR IN AGE, NO.30, SAJJAEHOSAHALLY, NEAR WATER TANK, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26788 MFA No. 190 of 2020 MADHUGIRI TALUK, TUMKUR DISTRICT-572 132 …RESPONDENTS (BY SRI. B.A RAMAKRISHNA, ADVOCATE FOR R1, VIDE ORDER DATED 12/10/2022, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.05.2019 PASSED IN MVC NO. 901/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND XIX MACT, CHIKKANAYAKANAHALLI, 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.2,93,716/- 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:26788 MFA No. 190 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 30,000 2. Loss of future income 1,68,000 3. Medical expenses 1,85,715 4. Future medical expenses 45,000 5. Conveyance, food, nourishment, attendant charges 30,000 Total 4,58,715 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 28% 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 28%. 5. The Tribunal has determined the monthly income, notionally at Rs.10,000/-, which, in my view, is just and proper. 6. As such, the amount awarded by the Tribunal at Rs.1,68,000/- towards 'loss of future income', is just and proper. - 4 - HC-KAR NC: 2026:KHC:26788 MFA No. 190 of 2020 7. In view of the injuries suffered by the claimant, I deem it just and proper to award a sum of Rs.15,000/- towards 'loss of income during the laid up period'. 8. Having regard to the nature of the injuries suffered by the claimant, he would be entitled to Rs.50,000/- towards pain and suffering as against Rs.30,000/- awarded by the Tribunal. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.25,000/- towards loss of amenities in life. 10. In view of the multiple surgeries, the claimant would be entitled to Rs.60,000/- as against Rs.45,000/- awarded by the Tribunal towards future medical expenses. 11. The sum of Rs.1,85,715/- awarded under the head 'medical expenses' being based on documentary evidence, is affirmed. The sum of Rs.30,000/- awarded by the Tribunal towards conveyance, attendant charges, etc., being just and proper, is also affirmed. - 5 - HC-KAR NC: 2026:KHC:26788 MFA No. 190 of 2020 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 30,000 50,000 2. Loss of future income 1,68,000 1,68,000 3. Medical expenses 1,85,715 1,85,715 4. Future medical expenses 45,000 60,000 5. Loss of income during the laid up period 15,000 6. Conveyance, food, nourishment, attendant charges 30,000 30,000 7. Loss of amenities in life Nil 25,000 Total 4,58,715 5,33,715 13. Thus, the claimant is held entitled to the total compensation of Rs.5,33,715/- as against Rs.4,58,715/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2026:KHC:26788 MFA No. 190 of 2020 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.: 40