- 1 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 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. 174 OF 2020 (MV-I) BETWEEN: LAKKAMMA @ AKKAMMA W/O THIMMASHETTY AGED ABOUT 56 YEARS R/AT 3RD CROSS VALLABAI ROAD, HASSAN …APPELLANT (BY SRI. MAHENDRA N AND SUDHANVA D.S, ADVOCATES) AND: 1. S.M.ASADULLA S/O MUHAMMAD AGED ABOUT 56 YEARS #407, 18TH MAIN ROAD, 4TH T BLOCK, JAYANAGAR BANGALORE - 560 041 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED VENKATESHWARA BUILDING B.M ROAD, HASSAN - 573 201 …RESPONDENTS (BY SRI. AJAY GOVINDRAJ, ADVOCATE FOR R1, SRI. L. SREEKANTA RAO, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.02.2019 PASSED IN MVC NO. 703/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 of 2020 AND SESSIONS JUDGE, ADDITIONAL MACT, HASSAN, 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.1,85,000/- 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 20,000 2. Loss of future income 42,000 3. Medical expenses 65,000 4. Loss of income during the laid up period 14,000 5. Conveyance, food, nourishment, attendant charges 12,200 - 3 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 of 2020 6. Future medical expenses 30,000 Total Rounded off to 1,83,200 1,85,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10%, which is in my opinion just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.7,000/-. 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/-. 6. As the claimant was aged 65 years, a multiplier of '7' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.92,400/- (11,000 x 12 x 7 x 10%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.14,000/- awarded by the Tribunal towards 'loss of income during the laid up - 4 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 of 2020 period' would also stand enhanced to Rs.33,000/- ( 11,000 X 3 months). 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards 'pain and suffering' as against Rs.20,000/- 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.40,000/- 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.20,000/- as against the sum of Rs.12,200/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.65,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 5 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 of 2020 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 20,000 35,000 2. Loss of future income 42,000 92,400 3. Medical expenses 65,000 65,000 4. Loss of income during the laid up period 14,000 33,000 5. Conveyance, food, nourishment, attendant charges 12,200 20,000 6. Loss of amenities in life --- 40,000 7. Future medical expenses 30,000 30,000 Total Round off to 1,83,200 1,85,000 3,15,400 14. Thus, the claimant is held entitled to the total compensation of Rs.3,15,400/- as against Rs.1,85,000/-, - 6 - HC-KAR NC: 2026:KHC:26645 MFA No. 174 of 2020 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.: 39