- 1 - HC-KAR CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 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.1319 OF 2020(MV-I) BETWEEN: SRI RAVI @ N RAVI S/O NARASIMHAIAH AGED ABOUT 39 YEARS (CLEANER GOODS VEHICLE) R/O GANGUR VILLAGE, BADRAVATHI-577 301 …APPELLANT (BY SRI. SHOWRI H.R, ADVOCATE) AND: 1. SRI RAMAKRISHNA S/O PUTTAPPA AGED ABOUT 28 YEARS, R/O GANGUR VILLAGE, BADRAVATHI TALUK, SHIVAMOGGA-577 301 (DRIVER OF GOODS VEHICLE) 2. SRI KUMARA S/O PARAMESHWARAPPA AGED ABOUT 33 YEARS, R/O GANGUR VILLAGE, BADRAVATHI TALUK, SHIVAMOGGA-577 301 (OWNER OF GOODA VEHICLE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 3. M/S UNITED INDIA INSURANCE COMPANY LTD NO.1137/947, U.B. BUILDING B.H.ROAD, SHIVAMOGGA-577 203. REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. JWALAKUMAR, ADVOCATE FOR R3, VIDE ORDER DATED 27/11/2024, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 01.09.2018, PASSED IN MVC NO.322/2016, ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT-12, BHADRAVATHI, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, 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.3,39,106/- awarded by the Tribunal in MVC.No.322/2016 vide judgment and award dated 01.09.2018, 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 CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Towards pain and suffering 80,000 2. Towards Conveyance, Attendant charges and nourishing food 5,000 3. Towards loss of income during laid up period 24,000 4. Towards loss of future income due to disability 1,58,400 5. Towards Medical expenses 71,706 Total 3,39,106 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 11% to the whole body, which, in my opinion, being based on assessment of oral and documentary evidence, is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 - 4 - HC-KAR CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 Authority, which, for the accident of the year 2015 would be Rs.9,000/-. 6. As the claimant was aged 36 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,78,200/- (Rs.9,000 x 12 x 15 x 11%) towards 'loss of future income'. 7. Consequently, 'loss of income during the laid up period' is enhanced to Rs.27,000/- (Rs.9,000 X 3 months) treating the laid up period as three months as against Rs.24,000/- awarded by the Tribunal. 8. The Tribunal has not awarded any sums towards 'loss of amenities'. In view of the injuries suffered and the lasting effect of the same on the claimant, I deem it just and appropriate to award a sum of Rs.25,000/- towards 'loss of amenities', so also the amount awarded towards conveyance and other charges is enhanced to Rs.8,000/- as against Rs.5,000/-. 9. The sums awarded by the Tribunal at Rs.80,000/- towards pain and suffering and Rs.71,706/- towards medical expenditure, being just and proper, are affirmed. - 5 - HC-KAR CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 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. Towards pain and sufferings 80,000 80,000 2. Towards Conveyance, Attendant charges and nourishing food 5,000 8000 3. Towards loss of income during laid up period 24,000 27,000 4. Towards loss of future income due to disability 1,58,400 1,78,200 5. Towards Medical expenses 71,706 71,706 9. Loss of amenities - 25,000 Total 3,39,106 3,89,906 11. Thus, the claimant is held entitled to the total compensation of Rs.3,89,906/- as against Rs.3,39,106/- - 6 - HC-KAR CNR: KAHC010528882019 NC: 2026:KHC:36699 MFA No. 1319 of 2020 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.: 66