- 1 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 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.6603 OF 2022(MV-I) BETWEEN: MANJUNATHA. N S/O NAGARAJA AGED ABOUT 37 YEARS R/O GAJALADINNE VILLAGE KNS POST, KOLAR TALUK KOLAR DISTRICT - 517 247 …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. HEMAVATHI. H W/O MUNISWAMY PRASAD R AGE MAJOR R/O GAJALADINNE VILLAGE KNS POST KOLAR TALUK AND DISTRICT - 563 102 2. IFFCO TOKIO GENERA INSURANCE CO LTD ADITHYA LABORATORY BUILDING 2ND FLOOR ,SNR HOSPITAL CIRCLE KOLAR TOWN REP BY ITS MANAGER - 563 102 …RESPONDENTS (BY SRI. E.I SANMATHI, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 25.07.2022 PASSED IN MVC NO.266/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KOLAR, 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.2,38,384/- awarded by the Tribunal in MVC.No.266/2019 vide judgment and award dated 25.07.2022, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are 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 20,000 2. Loss of future income 80,640 3. Medical expenses 59,744 - 3 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 of 2022 4. Future medical expenses 20,000 5. Loss of income during the laid up period 28,000 6. Conveyance, food, nourishment, attendant charges 15,000 7. Loss of amenities in life 15,000 Total 2,38,384 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 3% to the whole body. However, having regard to the injuries suffered by the claimant, I deem it just and appropriate to assess the disability at 5%. The Tribunal has rightly assessed the income of the claimant at Rs.14,000/-, since the accident was of the year 2019, as there was no cogent evidence to substantiate the income of the claimant. Accordingly, by applying the multiplier of '16', the claimant would be entitled to a sum of Rs.1,34,400/- (Rs.14,000/- X 12 X 16 X 5%) as against Rs.80,640/- awarded by the Tribunal towards loss of future income due to disability. - 4 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 of 2022 5. As a consequence, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3 months) treating the laid up period as three months. 6. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 7. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 8. The sum of Rs.15,000/- awarded by the Tribunal towards 'Conveyance, food and nourishment and attendant charges' and the sum of Rs.20,000/- awarded by the Tribunal towards 'future medical expenses', being just and proper, are affirmed. - 5 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 of 2022 9. The sum of Rs.59,744/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 10. 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 20,000 30,000 2. Loss of future income 80,640 1,34,400 3. Medical expenses 59,744 59,744 4. Future medical expenses 20,000 20,000 5. Loss of income during the laid up period 28,000 42,000 6. Conveyance, food, nourishment, attendant charges 15,000 15,000 7. Loss of amenities in life 15,000 25,000 Total 2,38,384 3,26,144 - 6 - HC-KAR CNR: KAHC010438962022 NC: 2026:KHC:36681 MFA No. 6603 of 2022 11. Thus, the claimant is held entitled to the total compensation of Rs.3,26,144/- as against Rs.2,38,384/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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.: 84