- 1 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2283 OF 2022 (MV-I) BETWEEN: SMT. JALAJA POOJARTHY @ JALAJA, W/O LATE OMANA AMIN, AGED ABOUT 58 YEARS, R/AT KUDRABETTU SACCHERI PETE, KARKALA, MUNDUKURU, UDUPI, PRESENTLY R/A PATTE PUNKEDADI HOUSE, ELINJE VILLAGE, KUDRIPADAVU POST, MANGALURU TQ. …APPELLANT (BY SRI. GURUPRASAD B.R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., BR. OFFICE : KARKALA, P.B.NO.29, 2ND FLOOR, SUSHILA SANJIVA ENCLAVE, NEAR KARNATAKA BANK, MARKET ROAD, KARKALA 574104 REPRESENTED BY ITS MANAGER. 2. MR. N.NIRANJANA SHETTY, S/O BHASKAR SHETTY, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 AGED MAJOR, R/AT ANIRUDHA HOUSE, KALAI ROAD, BELMAN, KARKALA TQ 576111 UDUPI DIST. …RESPONDENTS (BY SRI. P.B.RAJU, ADVOCATE FOR R-1; NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2021 PASSED IN MVC NO.89/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANGALURU, DAKSHINA KANNADA. 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.5,38,466/- 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 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Future Medical Expenses 50,000 2. Compensation for permanent disability 84,600 3. Conveyance 10,000 4. Attendant charges and Food and Nourishment 7,800 5. Loss of income during laid up period 5,880 6. Pain and Suffering 15,000 7. Loss of amenities 10,000 8. Medical Expenses 3,55,186 Total 5,38,466 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 12% to the whole body. 5. I have perused the evidence of the Doctor - PW.5 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: i) Right Tibia - Distal 1/3rd fracture. - 4 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 ii) Left foot calcaneus (Heel bone) fracture. 6. Since the Doctor has assessed the disability at 21% to the right lower limb and 36% to the left lower limb, totaling 57% to the whole body, 1/3rd of it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 19% 7. The Tribunal has determined the monthly income, notionally at Rs.11,750/-. 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 69 years, a multiplier of '5' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,42,500/- (12,500 x 12 x 5 x 19%) towards 'loss of future income'. - 5 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 9. As a consequence, the amount of Rs.5,888/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500 X 3). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards 'pain and suffering' as against Rs.15,000/- 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.30,000/- towards loss of amenities, 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 'Conveyance, food and nourishment and attendant charges' at Rs.40,000/- as against the sum of Rs.17,800/- awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.3,55,186/-, being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 14. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 15. 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. Future Medical Expenses 50,000 50,000 2. Compensation for permanent disability / Future income 84,600 1,42,500 3. Conveyance 10,000 20,000 4. Attendant charges and Food and Nourishment 7,888 20,000 5. Loss of income during laid up period 5,888 37,500 6. Pain and Suffering 15,000 30,000 7. Loss of amenities 10,000 30,000 8. Medical Expenses 3,55,186 3,55,186 Total 5,38,462 6,85,186 - 7 - HC-KAR NC: 2026:KHC:33549 MFA No. 2283 of 2022 16. Thus, the claimant is held entitled to the total compensation of Rs.6,85,186/- as against Rs.5,38,462/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 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. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 41