- 1 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1132 OF 2021(MV-I) BETWEEN: MURHTY K.R S/O LATE RANGASWAMY NOW AGED ABOUT 54 YEARS R/A KOTE, KUNIGAL TOWN TUMKUR DISTRICT …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. KRISHNAIAH MAJOR, S/O MUDDALAIAH R/A TUYYALAHALLIPALYA VILLAGE TURUVEKERE TALUK TUMKUR DISTRICT-572 101 2. THE MANAGER MAGMA HDI GEN INSURANCE CO.LTD., MAGMA HOUSE, 24 PARK STREET KOLKATA-700 016 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 15.07.2022, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.01.2020 PASSED IN MVC NO.7232/2017 ON THE FILE OF VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, PARTLY ALLOWING Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 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.2,20,159/- awarded by the Tribunal in MVC.No.7232/2017 vide judgment and award dated 08.01.2020, 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 Agony 10,000/- 2. Loss of future income 1,09,200/- 3. Medical expenses 74,459/- 4. Future medical expenses 10,000/- 5. Loss of income during the laid-up period 3,500/- - 3 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 6. Conveyance and attendant charges 3,000/- 7. Loss of amenities and Nourishment 10,000/- Total 2,20,159/- 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body, which, in my opinion, does not require any interference. 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 2015, would be Rs.9,000/-. 6. As the claimant was aged about 50 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,40,400/- (9,000 x 12 x 13 - 4 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 x 10%) towards 'loss of future income' as against Rs.1,09,200/- awarded by the Tribunal. 7. Consequently, the amount of Rs.3,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.27,000/- (Rs.9,000 X 3 months) treating the laid up period as three months. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and agony' as against Rs.10,000/- 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.30,000/- towards loss of amenities and nourishment, as against the sum of Rs.10,000/- awarded by the Tribunal. 10. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance and attendant charges' at Rs.5,000/- as against the sum of Rs.3,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 11. The sum of Rs.74,459/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 12. Having regard to the requirement of a surgery for removal of implants, I deem it fit to award a sum of Rs.20,000/- as against Rs.10,000/- awarded by the Tribunal towards future medical expenses. 13. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. N o. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and agony 10,000 50,000 2. Loss of future income 1,09,200 1,40,400 3. Medical expenses 74,459 74,459 4. Future medical expenses 10,000 20,000 5. Loss of income during the laid up period 3,500 27,000 6. Conveyance, attendant charges 3,000 5,000 7. Loss of amenities and nourishment 10,000 30,000 Total 2,20,159 3,46,859 - 6 - HC-KAR NC: 2026:KHC:34568 MFA No. 1132 of 2021 14. Thus, the claimant is held entitled to the total compensation of Rs.3,46,859/- as against Rs.2,20,159/-, 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 PKS List No.: 1 Sl No.: 40