- 1 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 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.3061 OF 2021 (MV-I) BETWEEN: SRI. VENKATESH S/O LATE THIMMAIAH AGED ABOUT 41 YEARS R/AT NO. 54, G RAMA BUILDING 9TH CROSS, J P PARK DOWN BEHIND PANIPURISTAL, BRUNDAVANAGARA BANGALORE CITY, KARNATAKA. …APPELLANT (BY SRI. SHRIPAD V. SHASTRI, ADVOCATE) AND: 1. MR. MANOJ KUMAR S/O BALARAM NO. 27, LACHACHAPPA COLONY 1ST E MANI ROAD, B.K. NAGAR YESHWANTHAPUR, BANGALORE - 22. 2. LIBERTY VIDEOCON GENERAL INDUSRANCE CO. LTD., OFFICE NO.1, ALYSSA, 1ST FLOOR RARE PORTION, OLD NO. 28 NEW NO. 23, RICHMOND ROAD, RICHMOND TOWN, BENGALURU - 560 025. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; VIDE ORDER DATED 31.10.2022, NOTICE TO R1 DISPENSED WITH) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2021 PASSED IN MVC NO. 6368/2018 ON THE FILE OF THE VII ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT-3, COURT OF SMALL CAUSES, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.2,67,036/- 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 20,000/- - 3 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 2. Loss of future income 1,68,300/- 3. Medical expenses 28,736/- 4. Loss of amenities and nutritious food 10,000/- 5. Attendant charges and conveyance 5,000/- 6. Loss of income during laid up period 25,000/- 7. Future medical expenses 10,000/- Total 2,67,036/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 16% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has suffered following injuries: a. Tenderness, instability and swelling with crepitus, deformity and abnormal mobility over right leg, X-ray showed fracture of both bones of right leg. b. Tenderness over right mandible, occlusion, abnormal, abrasions + CT scan showed fracture of body of right mandible. - 4 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 6. The Tribunal has taken the disability to the whole body at 16%. However, the Tribunal considered the disability at 11%, which is on the lesser side. Hence, it would be just and appropriate to take the disability at 12%. 7. 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 2018, would be Rs.12,500/-. 8. As the claimant was aged 38 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,70,000/- (Rs.12,500/-x12x15x12%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.25,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (Rs.12,500/- X 3 months). - 5 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards loss of amenities and nutritious food, as against the sum of Rs.10,000/- 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 charges and conveyance’ at Rs.10,000/- as against the sum of Rs.5,000/- awarded by the Tribunal. 13. The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 20,000/- 40,000/- 2. Loss of future income 1,68,300/- 2,70,000/- 3. Medical expenses 28,736/- 28,736/- 4. Loss of amenities and nutritious food 10,000/- 25,000/- 5. Attendant charges and conveyance 5,000/- 10,000/- 6. Loss of income during laid up period 25,000/- 37,500/- 7. Future medical expenses 10,000/- 10,000/- Total 2,67,036/- 4,21,236/- 15. Thus, the claimant is held entitled to the total compensation of Rs.4,21,236/- as against Rs.2,67,036/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The order of pay and recovery passed by the Tribunal is hereby confirmed. 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. - 7 - HC-KAR NC: 2026:KHC:26903 MFA No. 3061 of 2021 The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE PB List No.: 1 Sl No.: 47