- 1 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7195 OF 2022(MV-I) BETWEEN: SRI. RAMA AGED ABOUT 55 YEARS S/O SHEENA R/O 45/B, HOSADU ARATE KUNDAPURA TALUK - 572 101 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. VENKATARAMANA SHETTIGAR S/O NAGA SHETTIGAR AGED 56 YEARS R/O NAGA KRAPA NILAYA BANTADI SENAPURA VILLAGE KUNDAPURA TALUK - 572 101 2. THE UNITED INDIA INSURANCE CO LTD., BRANCH OFFICE KUNDAPURA SRI LAXMI NARASHIMA COMPLEX OPP KSRTC DEPOT, NH 66 VADERHOBLI KUNDAPURA REP. BY ITS MANAGER …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.08.10.2021 PASSED IN MVC NO.481/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE, ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA), 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.3,39,950/- 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 50,000 2. Medical expenses 1,44,344 - 3 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 3. Loss of income during treatment period 30,000 4. Loss of income due to disability 1,05,600 5. Loss of amenities 10,000 Total 3,39,944 Rounded off to 3,39,950 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. 5. I have perused the evidence of the Doctor - CW.1 and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of Lefort 3 fracture with incomplete left lefort fracture 1 fracture, left para alveolar palatal fracture, dentoalveolar fracture 24 - 27, left medical orbital wall + orbital floor fracture (with no muscle entrapment), left ZMC fracture, Bilateral NOE complex fracture. - 4 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 6. Since the Doctor has assessed the disability to the whole body at 20 to 25%, considering the nature and gravity of injury suffered by the claimant, I deem it appropriate to consider the disability at 16%. Accordingly, the disability suffered by the claimant would be at 16% 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/- 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 Authority, which, for the accident of the year 2017, would be Rs.11,000/- 8. As the claimant was aged 51 years, the Tribunal has rightly applied a multiplier of '11'. Consequently, the claimant would be entitled to a sum of Rs.2,32,320/- (11,000 x 12 x 11 x 16%) towards 'loss of future income' as against sum of Rs.1,05,600/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 9. 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' as against sum of Rs.30,000/- awarded by the Tribunal. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against sum of Rs.50,000/- 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.50,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.1,44,344/- being based on the documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 13. 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 50,000 75,000 2. Medical expenses 1,44,344 1,44,344 3. Loss of income during treatment period 30,000 33,000 4. Loss of income due to disability 1,05,600 2,32,320 5. Loss of amenities 10,000 50,000 Total 3,39,944 5,34,664 Rounded off to 3,39,950 14. Thus, the claimant is held entitled to the total compensation of Rs.5,34,664/- as against Rs.3,39,950/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:35843 MFA No. 7195 of 2022 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 CR List No.: 1 Sl No.: 23