- 1 - HC-KAR CNR: KAHC010226832022 NC: 2026:KHC:36405 MFA No. 3897 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.3897 OF 2022(MV-I) BETWEEN: RAVINDRA AGED ABOUT 39 YEARS, S/O NARAYANA POOJARY, R/O DEVALABAIL HOUSE, MATKALJEDDU, KUCHHUR VILLAGE, KARKALA TALUK, UDUPI DISTRICT. …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. NIKHIL AGED ABOUT 24 YEARS, S/O ACHUTH NAIK, R/O D.NO.6-80 KUDKUNJE, CHERKADY VILLAGE, UDUPI TALUK AND DISTRICT. 2. UNITED INDIA INSURANCE CO.LTD KANCHANA TOWER, N.H.17, KUNDAPURA-576 201, UDUPI DISTRICT REP. BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, VIDE ORDER DATED 07/03/2024, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010226832022 NC: 2026:KHC:36405 MFA No. 3897 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2022 PASSED IN MVC NO.527/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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.5,46,948/- 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 future income due to disability 3,15,000 - 3 - HC-KAR CNR: KAHC010226832022 NC: 2026:KHC:36405 MFA No. 3897 of 2022 2. Towards pain and suffering 60,000 3. Towards medical expenses 69,448 4. Loss of income during laid up period 37,500 5. Towards loss of amenities 25,000 6. Towards conveyance, diet and attendants charges 20,000 7. Towards future medical expenses 20,000 Total 5,46,948 4. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards loss of 'amenities', as against the sum of Rs.25,000/- awarded by the Tribunal. 5. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.60,000/- awarded by the Tribunal. 6. The sum awarded under the heads 'loss of future income due to disability' 'income during laid up period', conveyance, diet and attendants charges' and 'future medical expenses' remain unaltered. - 4 - HC-KAR CNR: KAHC010226832022 NC: 2026:KHC:36405 MFA No. 3897 of 2022 7. The sum awarded as 'medical expenses' at Rs.69,448/-, being based on documentary evidence, do not call for modification and hence confirmed. 8. 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 future income due to disability 3,15,000 3,15,000 2. Towards pain and suffering 60,000 75,000 3. Towards medical expenses 69,448 69,448 4. Loss of income during laid up period 37,500 37,500 5. Towards loss of amenities 25,000 35,000 6. Towards conveyance, diet and attendants charges 20,000 20,000 7. Towards future medical expenses 20,000 20,000 Total 5,46,948 5,71,948 9. Thus, the claimant is held entitled to the total compensation of Rs.5,71,948/- as against Rs.5,46,948/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 5 - HC-KAR CNR: KAHC010226832022 NC: 2026:KHC:36405 MFA No. 3897 of 2022 10. 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.: 50