- 1 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3128 OF 2020(MV-I) BETWEEN: SMT. GOPAMMA W/O KATAPPA AGED ABOUT 60 YEARS COOLIE AND HOUSEHOLD R/O DEVAPURADHATTY CHITRADURGA TALUK AND DISTRICT. …APPELLANT (BY SRI. CHETHAN D T., ADVOCATE AND SMT. MALASHREE A., ADVOCATE) AND: 1. DR N CHANDRASHEKAR S/O NINGAPPA MAJOR PROP. SRI SIDDARAMESHWARA MOTORS R.C.OWNER OF THE BUS BEARING NO.KA-18-A-2845 R/O NH-206, BASAVESHWARA CIRCLE KADUR, CHIKKAMANGALURU DISTRICT. 2. THE BRANCH MANAGER THE UNITED INDIA NATIONAL INSURANCE CO. LTD., BRANCH OFFICE, CHITRADURGA. …RESPONDENTS (BY SRI.S KRISHNA KISHORE, ADVOCATE FOR R2: V/O DATED: 1.03.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 06.08.2018 PASSED IN MVC NO. 1330/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT-V, CHITRADURGA, PARTLY ALLOWING Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 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.3,54,000/- 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 25,000 2. Conveyance and Nourishment 20,000 3. Medical expenses 20,000 4. Loss of future earning capacity due to disability 2,52,000 5. Loss of income during laid up period 12,000 6. Loss of amenities of life, happiness and frustration 25,000 Total 3,54,000 - 3 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 50% to the entire body. 5. I have perused the evidence of the Doctor – PW-2 and the Wound Certificate/disability certificate. The same depicts that the claimant has suffered following injuries: “1. Crushed injury to the foot. 2. Crushed left fore foot. 3. Fracture distal tibia a fibula lineal sutured mark medial aspect of both foot moments piagul restricted.” 6. The Tribunal after considering the evidence of PW-2- Doctor, has rightly assessed the whole body disability at 50%. 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 - 4 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 Authority, which, for the accident of the year 2015, would be Rs.9,000/-. 8. As the claimant was aged 63 years, a multiplier of '7' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,78,000/- (9,000 x 12 x 7 x 50%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.12,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.27,000/- (9,000 X 3 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- 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.25,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.40,000/- as against the sum of Rs.20,000/- awarded by the Tribunal. 13. The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered. 14. Thus, 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 25,000 50,000 2. Conveyance and Nourishment 20,000 40,000 3. Medical expenses 20,000 20,000 4. Loss of future earning capacity due to disability 252,000 378,000 5. Loss of income during laid up period 12,000 27,000 - 6 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 6. Loss of amenities of life, happiness and frustration 25,000 50,000 Total 3,54,000 5,65,000 15. In the result, the following order is passed: ORDER a) The appeal is allowed in part. b) The judgment and award of the Tribunal is modified. c) The claimant is entitled to a total compensation of Rs.5,65,000/- as against Rs.3,54,000/- awarded by the Tribunal. d) In view of judgment of the Division Bench of this Court in the case of Ms.Joyeeta Bose and others – v- Venkateshan.V and others (MFA 5896/2018 and connected matters disposed of on 24.8.2020), the enhanced compensation shall carry interest at 6% per annum. e) The Insurance Company is directed to deposit the compensation amount along with interest from the date of filing of the claim petition till the - 7 - HC-KAR NC: 2026:KHC:33986 MFA No. 3128 of 2020 date of realization, within a period of six weeks from the date of receipt of copy of this judgment. f) In view of the order dated 02.06.2023 passed by this Court, the claimant is not entitled for interest for the delayed period of 421 days in filing the appeal. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 36