- 1 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1335 OF 2020(MV-I) BETWEEN: SRI. EREGOWDA S/O. EREGOWDA, AGED ABOUT 48 YEARS, R/AT HALEKUNCHEVU VILLAGE, HALEKOTE HOBLI, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 201. …APPELLANT (BY SRI. RAJARAM SOORYAMBAIL, ADVOCATE) AND: 1. ARUNKUMAR C.L S/O. LAKSHMANAGOWDA, AGED ABOUT YEARS, R/O. NO. RAMA MANDIRA ROAD, CHANNARAYAPATNA TALUK, CHANNARAYAPATNA-573 225. 2. THE MANAGER BHARATHI AXA GENERAL INSURANCE CO. LTD., PRIDE QUADRA, NO.30, 3RD FLOOR, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 HEBBALA, BANGALORE-24, REP. BY:- THE REGIONAL MANAGER, BHARATHI AXA GENERAL INSURANCE CO. LTD., REGIONAL OFFICER, DODDANEKUNDI, OUTER RING ROAD, BANGALORE. …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, VIDE ORDER DATED 22/01/2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.28.02.2019 PASSED IN MVC NO.516/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HOLENARASIPUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 CORAM: HN'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.1,31,480/- 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. Loss of income due to disability 93,600 2. Towards pain and suffering 70,000 3. Towards medical expenses 61,361 4. Towards conveyance, diet and attendants charges 20,000 5. Towards loss of income during laid up period 18,000 Sub-total 2,62,961 Less: 50% towards contributory negligence 1,31,480 Total 1,31,480 - 4 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. Having regard to the medical evidence, I am of the view that 10% disability is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.6,000/- 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 2015, would be Rs.9,000/- 6. As the claimant was aged 48 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant would be entitled to a sum of Rs.1,40,400/- (9,000 x 12 x 13 x 10%) towards 'loss of future income' as against sum of Rs.93,600/- awarded by the Tribunal. 7. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.27,000/- - 5 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 (9,000 X 3 months) towards 'loss of income during the laid up period' as against sum of Rs.18,000/- awarded by the Tribunal. 8. 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.70,000/- awarded by the Tribunal. 9. Having regard to the injuries suffered by the claimant, I deem it appropriate to award a sum of Rs.50,000/- towards 'loss of amenities'. 10. The sum awarded as medical expenses at Rs.61,361/- 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: - 6 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Loss of income due to disability 93,600 1,40,400 2. Towards pain and suffering 70,000 1,00,000 3. Towards medical expenses 61,361 61,361 4. Towards conveyance, diet and attendants charges 20,000 20,000 5. Towards loss of income during laid up period 18,000 27,000 6. Towards loss of amenities --- 50,000 Sub-total 2,62,961 3,98,761 Less: 50% towards contributory negligence 1,31,480 1,99,380 Total 1,31,480 1,99,380 13. However, the Tribunal upon meticulous examination of the evidence on records, fixed 50% contributory negligence on the claimant. In my considered opinion, the said finding is just and proper and warrants no interference. Accordingly, the claimant is held liable for 50% of the contributory negligence. - 7 - HC-KAR NC: 2026:KHC:35443 MFA No. 1335 of 2020 14. Thus, the claimant is held entitled to the total compensation of Rs.1,99,380/- as against Rs.1,31,480/-, 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 CR List No.: 1 Sl No.: 31