- 1 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 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. 5959 OF 2022 (MV-I) BETWEEN: SHRI. HARISH B S/O BEERAPPA H, AGED ABOUT 24 YEARS, RESIDING AT NO. 63 KANAKA ROAD, NEAR MARUTHI TEMPLE GATAHALLI, HUSKUR, BENGALURU - 560 009. …APPELLANT (BY SRI. THIPPESWAMY B.C, ADVOCATE) AND: 1. TATA AIG INSURANCE COMPANY LTD., 5TH FLOOR, WEST ENTRANCE KHANIJA BHAVANA, RACE COURSE ROAD, BENGALURU - 560 001 (POLICY NO. 015880173100 VALID FROM 21-09-2018 TO 20-09-2019). 2. SMT. SUMATHI SENUVASAN W/O SENUVASAN, NO. 133, SOMESHWARA COLONY MADIVALA, B.T.M LAYOUT 2ND STAGE BENGALURU - 560 076. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R1; VIDE ORDER DATED 08.02.2023, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.04.04.2022 IN MVC NO.622/2019 ON THE FILE OF THE XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU, (SCCH-17), 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.18,63,751/- 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 75,000/- 2. Loss of income during laid up period and rest period 24,000/- 3. Medical expenses 12,33,311/- 4. Attendant, nourishment and conveyance charges 25,000/- - 3 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 of 2022 5. Loss of future income 4,51,440/- 6. Loss of amenities 25,000/- 7. Future medication 30,000/- Total 18,63,751/- 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 19% to the whole body. 5. I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has suffered compound comminuted fracture of right femur and fracture proximal tibia right 6. The Tribunal has determined the monthly income, notionally at Rs.11,000/-. 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 2018, would be Rs.12,500/-. - 4 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 of 2022 7. As the claimant was aged 25 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,13,000/- (Rs.12,500/- x 12 x 18 x 19%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.24,000/- 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). 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards future medical expenses, as against the sum of Rs.30,000/- awarded by the Tribunal. 11. The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered. - 5 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 of 2022 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 75,000/- 75,000/- 2. Loss of income during laid up period and rest period 24,000/- 37,500/- 3. Medical expenses 12,33,311/- 12,33,311/- 4. Attendant, nourishment and conveyance charges 25,000/- 25,000/- 5. Loss of future income 4,51,440/- 5,13,000/- 6. Loss of amenities 25,000/- 50,000/- 7. Future medication 30,000/- 40,000/- Total 18,63,751/- 19,73,811/- 13. Thus, the claimant is held entitled to the total compensation of Rs.19,73,811/- as against Rs.18,63,751/-, - 6 - HC-KAR NC: 2026:KHC:26904 MFA No. 5959 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The respondents are 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.: 42