- 1 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 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.3527 OF 2021(MV-I) BETWEEN: SHIVA KUMARA S/O GIRIAIAH, AGED ABOUT 30 YEARS, R/O BYCHANAHALLI VILLAGE, KUSHALNAGAR HOBLI, PERIYAPATNA TALUK, MYSURU DISTRICT-571 1047 …APPELLANT (BY SRI. ROHITH B.J, ADVOCATE) AND: 1. SRI. B.V SHIVU S/O VIJAYAKUMARA, AGED ABOUT 33 YEARS, R/AT NO.1/97-4, 1ST BLOCK, BYCHANAHALLI VILLAGE, KUSHALNAGAR HOBLI, SOMAWARPET TALUK, KODAGU DISTRICT-571 234 2. SRI DEVARAJA S/O SANNAIAH, MAJOR, R/AT NO.588-50, BISANAKUPPE VILLAGE, PERIYAPATNA TALUK, MYSURU DISTRICT-571 107 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 3. UNITED INDIA INSURANCE COMPANY NO.24, WHITES ROAD, CHENNAI-600 014 REP BY ITS BRANCH MANAGER BRANCH OFFICE: SHREE MAHA GANAPATHY COMPLEX, 2ND FLOOR, COLLEGE ROAD, MADIKERI, KODAGU-571 201 …RESPONDENTS (BY SRI. P.B RAJU, ADVOCATE FOR R3, VIDE ORDER DATED 20/11/2024, NOTICE TO R1 & R2 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 07.01.2019 PASSED IN MVC NO. 1354/2017 ON THE FILE OF THE MEMBER, MACT, SENIOR CIVIL JUDGE AND JMFC, MACT, PERIYAPATNA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.6,70,200/- 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: - 3 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Medical Expenses 1,55,000 2. Pain and Sufferings 50,000 3. Loss of future income 3,40,200 4. Nourishment, conveyance and attendant charges 25,000 5. Loss of amenities 50,000 6. Future Medical Expenses 50,000 Total 6,70,200 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 21% to the whole body. Having regard to the medical evidence, I am of the view that 21% disability is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.7,500/- per month. 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 - 4 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 Authority, which, for the accident of the year 2017, would be Rs.11,000/- 6. Since the claimant has suffered 21% disability and is aged about 22 years, 40% future prospects requires to be added to the said income, which would be Rs.15,400/- (11,000/- + 40%). Thus, the income of the claimant would be Rs.15,400/-. 7. As the claimant was aged 22 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.6,98,544/- (15,400 x 12 x 21x 18%) towards 'loss of future income'. 8. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.33,000/- (11,000 X 3 months) towards 'loss of income during the laid up period'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 10. The sum awarded as medical expenses at Rs.1,55,000/- being based on the documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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. Medical Expenses 1,55,000 1,55,000 2. Pain and Sufferings 50,000 1,00,000 3. Loss of future income 3,40,200 6,98,544 4. Nourishment, conveyance and attendant charges 25,000 25,000 5. Loss of amenities 50,000 50,000 6. Future Medical Expenses 50,000 50,000 7. Laid up period --- 33,000 Total 6,70,200 11,11,544 - 6 - HC-KAR NC: 2026:KHC:34788 MFA No. 3527 of 2021 13. Thus, the claimant is held entitled to the total compensation of Rs.11,11,544/- as against Rs.6,70,200/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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 CR List No.: 1 Sl No.: 38