- 1 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4994 OF 2022(MV-I) BETWEEN: INDRESHA S/O PRAKASH AGED ABOUT 29 YEARS R/A KAREKERE VILLAGE SHANTHIGRAMA HOBLI HASSAN TALUK …APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. NAGARAJU S/O HOLIGOWDA LAKSHMI SAGARA D.G HALLI, SHIVAMOGGA 2. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD 1ST STAGE, MARUTHI RICE MILL BUILDING OPPOSITE VINAYAKA THEATER B.H ROAD, SHIVAMOGGA …RESPONDENTS (BY SRI. RAVI S SAMPRATHI, ADVOCATE FOR R2, VIDE ORDER DATED 22.04.2026, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.09.2021 PASSED IN MVC NO.491/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN, PARTLY ALLOWING 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.4,15,300/- awarded by the Tribunal in MVC.No.491/2019 vide judgment and award dated 27.09.2021, 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 60,000 2. Attendant charges 2,800 3. Medical expenses 1,60,084 4. Future medical expenses 50,000 - 3 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 5. Loss of earning capacity 1,22,400 6. Towards nutrition and diet 10,000 7. Conveyance charge 10,000 Total 4,15,284 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW2 and the wound certificate. The same depicts that the claimant has suffered following injuries: 1.Fracture of right femur 2.Fracture of right tibial spine 3.Severe legmental injury to left knee 4.Fracture of left scaphoid. 6. Since the Doctor PW.2 has assessed the total percentage of disability of the claimant to right lower limb at 35% and left lower limb at 15% and to upper limb at 9%, I deem it just and appropriate to assess the functional disability at 20%. - 4 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 Accordingly, the disability suffered by the claimant would be 20%. 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 2014 would be Rs.8,500/-. 8. As the claimant was aged 26 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,46,800/- (8,500 x 12 x 17 x 20%) towards 'loss of future income'. 9. The Tribunal has not awarded any sums towards 'loss of income during the laid up period' and has also not awarded any sums towards 'loss of amenities'. In view of the injuries suffered and the lasting effect of the same on the claimant, I deem it just and appropriate to award Rs.25,500/- (Rs.8,500 X 3) towards 'loss of income during laid up period' treating the - 5 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 laid up period as three months and Rs.30,000/- towards 'loss of amenities'. 10. The sums awarded by the Tribunal at Rs.60,000/- towards pain and suffering, Rs.1,60,084/- towards medical expenditure, Rs.10,000/- towards conveyance, Rs.2,800/- towards attendant charges, Rs.10,000/- towards nutrition and Rs.50,000/- towards future medical expenses, being just and proper, are affirmed. 11. 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 60,000 60,000 2. Medical expenditure 1,60,844 1,60,844 3. Conveyance charge 10,000 10,000 4. Attendant charges 2,800 2,800 5. Loss of earning capacity 1,22,400 3,46,800 6. Towards nutrition and diet 10,000 10,000 7. Future medical expenses 50,000 50,000 8. Loss of income during laid up period - 25,500 - 6 - HC-KAR CNR: KAHC010316012022 NC: 2026:KHC:36458 MFA No. 4994 of 2022 9. Loss of amenities - 30,000 Total 4,15,284 6,95,184 12. Thus, the claimant is held entitled to the total compensation of Rs.6,95,184/- as against Rs.4,15,284/- along with interest at the rate of 6% per annum from the date of petition till its realization. 13. 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 PKS List No.: 1 Sl No.: 57