- 1 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 of 2021 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.5305 OF 2021(MV-I) BETWEEN: SMT MALA W/O MYLARAPPA AGED ABOUT 43 YEARS, R/AT NO.32, II CROSS NEAR BANGALORE SCHOOL NAGANATHAPURA ELECTRONIC CITY POST BANGALORE-100 …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. AMRUTHA SCHOOL OF ENGINEERING NO.26/27, KASAVNAHALLI, CARMELRAM POST BANGALORE-25 2. THE ORIENTAL INSURANCE COMPANY LTD., REGIONAL OFFICE, LEO SHOPPING COMPLEX, RESIDENCY ROAD CROSS, M G ROAD, BANGALORE-01 …RESPONDENTS (BY SRI. A. RAVISHANKAR, ADVOCATE FOR R2, VIDE COURT ORDER DATED 15/07/2025, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.05.2018 PASSED IN MVC NO.6472/2016 ON THE FILE OF THE VII ADDITIONAL SCJ AND XXXII ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.8,45,330/- 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 40,000 2. Loss of future income 2,43,000 3. Medical expenses 4,94,830 4. Future medical expenses 15,000 - 3 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 of 2021 5. Loss of income during the laid up period 22,500 6. Conveyance, food, nourishment, attendant charges & loss of amenities in life 30,000 Total 8,45,330 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 18% to the whole body. In view of medical evidence and the injuries sustained, so also the treatment taken by the claimant, in my view, the assessment of disability at 18% by the Tribunal is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.7,500/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the income determined by the Karnataka State Legal Services Authority, which, for the accident of the year 2016, would be Rs.9,500/-. 6. As the claimant was aged 38 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be - 4 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 of 2021 entitled to a sum of Rs.3,07,800/- (9,500 x 12 x 15 x 18%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.22,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.28,500/- (9,500 X 3 months) treating the laid up period as three months in view of the injuries sustained by the claimant. 8. Having regard to the injuries suffered by the claimant and the lasting effect of the same on her, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.40,000/-, Rs.20,000/- towards 'future medical expenses' as against Rs.15,000/- and Rs.75,000/- towards 'loss of amenities, conveyance and incidental charges' as against Rs.30,000/-, awarded by the Tribunal. 9. The sum of Rs.4,94,830/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 10. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 5 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 of 2021 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 40,000 75,000 2. Loss of future income 2,43,000 3,07,800 3. Medical expenses 4,94,830 4,94,830 4. Future medical expenses 15,000 20,000 5. Loss of income during the laid up period 22,500 28,500 6. Loss of amenities and Conveyance, food, nourishment, attendant charges 30,000 75,000 Total 8,45,330 10,01,130 11. Thus, the claimant is held entitled to the total compensation of Rs.10,01,130/- as against Rs.8,45,330/-, along with interest at the rate of 6% per annum instead of 8% per annum from the date of petition till its realization. - 6 - HC-KAR NC: 2026:KHC:33751 MFA No. 5305 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 PKS List No.: 1 Sl No.: 73