- 1 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7772 OF 2022(MV-I) BETWEEN: SRI PRABHU B J S/O JAYARAMU AGED ABOUT 30 YEARS NO. 85/11, SRIGANDHA KAVALU SUNKADAKATTE, BANGALORE NORTH BANGALURU-91. …APPELLANT (BY SRI. KAILAS SHANKAR P S., ADVOCATE) AND: 1. DINESH N S/O NARAYANAPPA MAJOR, NO. 761, RAJANI MANE BIDI NELAGADARANAHALLI, BANGALORE CITY. 2. NINGARAJU VENKATARAMANAPPA BUILDING 2ND CROSS, NEAR DURGA PARAMESHWARI TEMPLE CHOKKASANDRA BANGALORE. 3. THE MANAGER GO DIGIT GENERAL INSURANCE CO. LTD, NO. 95, 4TH B CROSS ROAD INDUSTRIAL LAYOUT,5TH BLOCK KORAMANGALA, BANGALORE. …RESPONDENTS (BY SRI.B C SHIVANNE GOWDA., ADVOCATE FOR R3: NOTICE TO R2 IS DISPENSED WITH V/O DATED: 05.04.2023 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 NOTICE TO R1 IS DISPENSED WITH V/O DATED: 13.07.2026) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.08.2021 PASSED IN MVC NO.1747/2019 ON THE FILE OF THE MEMBER, MACT, XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU SCCH-4, 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.5,00,601/- awarded by the Tribunal, 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. Loss of future income 2,78,460 2. Loss of income during the laid up period 8,750 3. Conveyance Charges 6,000 - 3 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 4. Pain and sufferings 70,000 5. Future Medical Expenses 20,000 6. Food, nourishment, attendant charges and loss of amenities 40,000 7. Medical bills 77,391 Total 5,00,601 4. I have perused the evidence of the Doctor - PW.3 and the Wound Certificate – Ex.P6. The same depicts that the claimant has suffered the following injuries: “1. Abrasion over left eye brow, 2. Laceration over right leg and right hand, 3. Fracture of 1st metatarsal bone of right foot, 4. Fracture of 5th metacarpal of right hand, 5. Fracture of both bones of right leg.” 5. Since the Doctor has assessed the permanent physical disability of the right lower limb at 38%, it would be just and appropriate to assess the whole body disability at one-third thereof. Accordingly, the Tribunal has assessed the whole body disability suffered by the claimant at 13%. - 4 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 6. The Tribunal has determined the monthly income, notionally at Rs.10,500/-. 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 2019, would be Rs.14,000/-. 7. 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.3,71,280/- (Rs.14,000 x 12 x 17 x 13 %) towards 'loss of future income'. 8. As a consequence, the amount of Rs.8,750/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.56,000/- (Rs.14,000 X 4 months). 9. The compensation of Rs.6,000/- awarded by the Tribunal under the head of 'Conveyance Charges, Rs.70,000/- under the head of ‘Pain and Sufferings’, Rs.20,000/- under the head of ‘Future Medical Expenses’, Rs.40,000/- under the head of ‘Food nourishment, attendant charges and loss of - 5 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 amenities’ and Rs.77,391/- under the head of ‘Medical Bills’, are unaltered as the same are adequate. 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. Loss of future income 2,78,460 3,71,280 2. Loss of income during the laid up period 8,750 56,000 3. Conveyance Charges 6,000 6,000 4. Pain and sufferings 70,000 70,000 5. Future Medical Expenses 20,000 20,000 6. Food, nourishment, attendant charges and loss of amenities 40,000 40,000 7. Medical bills 77,391 77,391 Total 5,00,601 6,40,671 - 6 - HC-KAR NC: 2026:KHC:35301 MFA No. 7772 of 2022 11. Thus, the claimant is held entitled to the total compensation of Rs.6,40,671/- as against Rs.5,00,601/-. The enhanced compensation shall carry interest at the rate of 6% per annum. 12. The Insurance Company is directed to deposit the amount of compensation awarded along with interest within six weeks from the date of receipt of a certified copy of this judgment with liberty to recover the same from the owner of the offending vehicle. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 10