- 1 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5598 OF 2022(MV-I) BETWEEN: SRI. RAMEGOWDA, S/O MUTHEGOWDA, AGED ABOUT 59 YEARS, R/AT THAVAREKATTE, MARALEBEKUPPE, RAMANAGARA - 562 117. …APPELLANT (BY SRI. RAJU S., ADVOCATE) AND: 1. SRI. UMESH M.S., S/O SHIVAMADEGOWDA, R/AT MALIGOWDANADODDI, GANAKAL POST, KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 572 159. 2. RELIANCE GENERAL INSURANCE COMPANY LTD., NO.36/D, 1ST FLOOR, MYSORE TRADING CENTER, OPP: KSRTC BUS STOP, MYSORE - 570 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 REPRESENTED BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.B.PRADEEP, ADVOCATE FOR R2; R1 SERVED, UNREPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.03.2022 PASSED IN MVC NO.111/2018 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MACT, RAMANAGARA, 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.5,47,400/- 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:34405 MFA No. 5598 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Expenses towards treatment, hospitalization, medicines and miscellaneous expenses 1,27,775 2. Loss of future earnings on account of permanent disability 2,37,600 3. Nourishment and attendant charges 10,000 4. Loss of earnings during period of treatment ie., laid up period 72,000 5. Pain and suffering 60,000 6. Loss of amenities and enjoyment of life 10,000 7. Future medical expenses 30,000 Total 5,47,375 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body. 5. I have perused the evidence of the Doctor - PW2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered grievous injuries to the right leg and other parts of the body. - 4 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 6. Since the Doctor has assessed the disability to the whole body at 15%, it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 15%. 7. The Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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 2018, would be Rs.12,500/-. 8. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,47,500/- (Rs.12,500 x 12 x 11 x 15%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.72,000/- awarded by the Tribunal towards 'loss of income during - 5 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 the laid up period' would also stand enhanced to Rs.75,000/- (Rs.12,500 x 6). 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'loss of amenities', as against the sum of Rs.10,000/- awarded by the Tribunal. 11. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'nourishment and attendant charges' at Rs.20,000/- as against the sum of Rs.10,000/- awarded by the Tribunal. 12. The compensation awarded by the Tribunal under the other heads, remain unaltered. 13. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Expenses towards treatment, hospitalization, medicines and miscellaneous expenses 1,27,775 1,27,775 2. Loss of future earnings on account of permanent disability 2,37,600 2,47,500 3. Nourishment and attendant charges 10,000 20,000 4. Loss of earnings during period of treatment ie., laid up period 72,000 [ 75,000 5. Pain and suffering 60,000 60,000 6. Loss of amenities and enjoyment of life 10,000 40,000 7. Future medical expenses 30,000 30,000 Total 5,47,375 6,00,275 14. Thus, the claimant is held entitled to the total compensation of Rs.6,00,275/- as against Rs.5,47,400/-, - 7 - HC-KAR NC: 2026:KHC:34405 MFA No. 5598 of 2022 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 GH List No.: 1 Sl No.: 25