- 1 - HC-KAR NC: 2026:KHC:26857 MFA No. 3683 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.3683 OF 2021 (MV-I) BETWEEN: SRI. HARSHA S/O SRINIVASA AGED ABOUT 26 YEARS R/A NO.122, 'A' BLOCK POLICE QUARTERS, JALAPURI MYSURU. …APPELLANT (BY SRI. C.R. RAJA GOPAL, ADVOCATE AND SRI. C.R. SATYAPRAKASH, ADVOCATE) AND: 1. SRI. CHANDRU R S/O RAVI AGED ABOUT 25 YEARS R/AT NO.740, HOSA BADAVANE NAGANAHALLI VILLAGE, KASABA HOBLI, MYSURU - 570 023. 2. THE MANAGER BAJAJ GENERAL INSURANCE CO. LTD., NO.1335/1, 1ST FLOOR C AND D BLOCK, PANCHAMANTRA ROAD KUVENMPUR NAGARA, MYSORE Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26857 MFA No. 3683 of 2021 POLICY NO.072003117P100228447 VELID FROM 09.09.2018 TO 08.09.2019. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2; R1 - CHANDRU R., IS SERVED AND UNREPRESENTED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.01.2020 PASSED IN MVC NO.814/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, 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.2,14,328/- 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:26857 MFA No. 3683 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000/- 2. Medical expenses 42,768/- 3. Food and nourishment, 10,000/- 4. Transportation charges 10,000/- 5. Loss of amenities in life 20,000/- 6. Attendant charges 1,500/- 7. Loss of future income 61,500/- 8. Loss of income during the laid up period 28,500/- Total 2,14,328/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 3% 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. Diffuse swelling at ring finger b. Twisting deformity seen - 4 - HC-KAR NC: 2026:KHC:26857 MFA No. 3683 of 2021 c. Severe tenderness present at middle PIP joint 6. The Tribunal has determined the monthly income, notionally at Rs.9,500/-. 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 2019, would be Rs.14,000/-. 7. As the claimant was aged 23 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.90,720/- (Rs.14,000/- x 12 x 18 x 3%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.28,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000/-X 3 months). 9. The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered. - 5 - HC-KAR NC: 2026:KHC:26857 MFA No. 3683 of 2021 10. 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 40,000/- 40,000/- 2. Medical expenses 42,768/- 42,768/- 3. Food and nourishment, 10,000/- 10,000/- 4. Transportation charges 10,000/- 10,000/- 5. Loss of amenities in life 20,000/- 20,000/- 6. Attendant charges 1,500/- 1,500/- 7. Loss of future income 61,500/- 90,720/- 8. Loss of income during the laid up period 28,500/- 42,000/- TOTAL 2,14,328/- 2,56,988/- 11. Thus, the claimant is held entitled to the total compensation of Rs.2,56,988/- as against Rs.2,14,328/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2026:KHC:26857 MFA No. 3683 of 2021 12. 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 PB List No.: 1 Sl No.: 49