- 1 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2848 OF 2020 (MV-I) BETWEEN: THE BRANCH MANAGER, NATIONAL INSURANCE CO., LTD., GANESH BUILDING, 2ND FLOOR, BANTWAL CROSS ROAD, BANTWAL POST, SOUTH CANARA AND ALSO AT THE NATIONAL INSURANCE CO., LTD., REGIONAL OFFICE, SHUBHARAM COMPLEX, NO.144, M.G.ROAD, BANGALORE-560 025 REP BY ITS MANAGER …APPELLANT (BY SRI. SRIDHARA K.,ADVOCATE) AND: 1. SRI. ANIIRA HARISH MADAPPA, S/O MADAPPA, AGED 38 YEARS, R/O BADAGARAKERI VILLAGE, VIRAJPET TALUK, S.KODAGU 2. A.B.NACHAPPA S/O BEWLLIAPPA AGED 74 YEARS, R/O KURCHI VILLAGE AND POST, KODAGU …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 (BY SRI.MRINAL KUTTAPPA FOR SRI. ARNAV A BAGALWADI., ADVOCATE, FOR R1) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.06.2019 PASSED IN MVC NO.84/2014 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT, KODAGU, MADIKERI, SITTING AT VIRAJPET. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The Insurer, being aggrieved by the award of compensation of Rs.3,32,960/- 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, Loss of amenities and future unhappiness 40,000 - 3 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 2. Medical expenses including nourishment, attendant charges, conveyance etc., 28,000 3. Loss of income during treatment period and loss of future earning capacity 2,64,96 0 Total 3,32,96 0 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 23% to the whole body. 5. I have carefully perused the evidence of the Doctor examined as CW.1 as well as the discharge summary marked at Ex.C4. A careful perusal of the said records indicates that the injuries sustained by the claimant were not grievous in nature. The medical records further disclose that, except suturing of the head injury, no other surgery was done on the claimant. During the course of cross-examination, CW.1 has categorically admitted that the disability certificate - Ex.C4 was issued nearly five years after the date of the accident. The evidence of CW.1 further reveals that the assessment of permanent disability was primarily based on the claimant's complaint of occasional headaches, particularly while walking under the hot sun. On - 4 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 that basis, CW.1 assessed the permanent physical disability at 23% to the whole body without there being any proper medical documents and CW.1 being not a treated Doctor, the said disability cannot be considered. 6. Having regard to the nature of the injuries sustained by the claimant, I am of the view that disability could be assessed at 8% to the whole body. Accordingly, the same is modified. 7. The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 2013, would be Rs.8,000/-. 8. As the claimant was aged 33 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,22,880/- (8,000 x 12 x 16 x 8%) towards 'loss of future income'. - 5 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 9. In view of the nature of the injuries suffered by the claimant, I am of the opinion that the sums awarded under other heads by the Tribunal are just and proper. 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, Loss of amenities and future unhappiness 40,000 40,000 2. Medical expenses including nourishment, attendant charges, conveyance etc., 28,000 28,000 3. Loss of income during treatment period and loss of future earning capacity 2,64,960 1,22,880 4. Miscellaneous expenses - 5,000 Total 3,32,960 1,95,880 11. Thus, the claimant is held entitled to the total compensation of Rs.1,95,880/- as against Rs.3,32,960/-, - 6 - HC-KAR NC: 2026:KHC:35206 MFA No. 2848 of 2020 along with interest at the rate of 6% per annum from the date of petition till its realization. 12. The Tribunal has erred while awarding interest to the compensation. As per the law laid down by Division Bench of this Court in MFA No.5896/2018 the rate of interest to be awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal. 13. The Insurance Company is directed to deposit the amount of compensation, if not already deposited, within six weeks from the date of receipt of a certified copy of this judgment. 14. The amount in deposit shall be transmitted to the Tribunal for disbursement in terms of the award. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 14