- 1 - HC-KAR CNR: KAHC010112082022 NC: 2026:KHC:36404 MFA No. 2240 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.2240 OF 2022(MV-I) BETWEEN: MR ALTHAF MOHAMMED MOOSA S/O P.M MOHAMMED AGED ABOUT 38 YEARS R/AT D.NO 19-69-6363/6 ASHIYANA APARTMENT FLAT NO.6, AMRITH NAGAR PANDESHWAR, MANGALURU …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. NATIONAL INSURANCE COMPANY LTD SECOND FLOOR, INLAND ORNATE OPP. TO HOTEL OCEAN PEARL KODIABAIL, MANGALURU 575 002 REPRESENTED BY ITS MANAGER 2. MR. ANWAR SADIHK S/O ABDUL KHADER AGED MAJOR R/AT DOOR NO 4-32 FAISAL NAGAR, BAJAL MANGALURU-575 007 …RESPONDENTS (BY SRI. A.M VENKATESH, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2021 PASSED IN MVC NO.611/2017 ON THE FILE OF THE III ADDITIONAL DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010112082022 NC: 2026:KHC:36404 MFA No. 2240 of 2022 AND SESSION JUDGE, MEMBER, MACT-IV, D.K.MANGALURU, 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.6,13,895.45/- 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 (1,44,000 x 16 x 8%) 1,84,320 2. Pain and suffering 75,000 3. Loss of amenities, discomfort in future life 75,000 4. Medical bills 2,29,575.45 5. Attendant, food and nourishment and conveyance charges 50,000 Total 6,13,895.45 - 3 - HC-KAR CNR: KAHC010112082022 NC: 2026:KHC:36404 MFA No. 2240 of 2022 4. The Tribunal has determined the monthly income of the claimant at Rs.12,000/- based on the evidence of PW.3, under whom the petitioner was working as salesman. As such, the monthly income of the claimant assessed by the Tribunal Rs.12,000/- is just and proper. 5. Having regard to the treatment taken and having regard to the length of stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.48,000/- towards 'loss of income during the laid up period' (Rs.12,000/- X 4 months). 6. 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.75,000/- awarded by the Tribunal. 7. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.55,000/- towards 'conveyance, food and nourishment and attendant charges', as against the sum of Rs.50,000/- awarded by the Tribunal. - 4 - HC-KAR CNR: KAHC010112082022 NC: 2026:KHC:36404 MFA No. 2240 of 2022 8. Since the claimant requires surgery for removal of implant, I deem it appropriate to award Rs.32,000/- towards 'future medical expenses'. 9. The sum awarded under the head 'loss of income due to disability' and 'loss of amenities, discomfort in future life', remain unaltered. 10. The sum awarded as 'medical expenses' at Rs.2,29,575/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Loss of income due to disability (1,44,000 x 16 x 8%) 1,84,320 1,84,320 2. Pain and suffering 75,000 1,00,000 3. Loss of amenities, discomfort in future life 75,000 75,000 4. Medical bills 2,29,575.45 2,29,575 5. Attendant, food and nourishment and 50,000 55,000 - 5 - HC-KAR CNR: KAHC010112082022 NC: 2026:KHC:36404 MFA No. 2240 of 2022 conveyance charges 6. Loss of income during laid up period - 48,000 7. Future Medical expenses - 32,000 Total 6,13,895.45 7,23,895 12. Thus, the claimant is held entitled to the total compensation of Rs.7,23,895/- as against Rs.6,13,895.45/-, 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 HKV List No.: 1 Sl No.: 49