- 1 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 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.3643 OF 2022(MV-I) BETWEEN: SRI CHIKKONU S/O CHIKKEREGOWDA AGED ABOUT 57 YEARS R/AT MALURU PATNA VILLAGE MALUR HOBLI, CHANNAPATNA TALUK RAMANGARA DISTRICT. …APPELLANT (BY SRI. RAJU S., ADVOCATE) AND: 1. SRI GURUSWAMY R/O NO 44 KAREGUDDAHALLI CHIKKABANAVARA BENGALURU DISTRICT BENGALURU-79. 2. THE UNITED INDIA INSURANCE CO. LTD, NO 143/144 P N CHAMBER 1ST MAIN ROAD, SHESHADRIPURAM BENGALURU-560020 REP. BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI.JANARDHAN REDDY., ADVOCATE FOR R2: NOTICE TO R1 IS D/W V/O DATED: 13.07.2026) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 12.03.2014 PASSED IN MVC NO. 492/2012 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, CHANNAPATTANA, RAMANAGAR DISTRICT, PARTLY ALLOWING THE CLAIM PETITION FOR Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 of 2022 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.4,20,960/- 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. Medical Expenses 87,428 2. Loss of income during the laid up period 3,750 3. Attendant Charges 2,500 4. Loss of income 2,87,280 5. Pain and Sufferings 20,000 6. Loss of Amenities 20,000 Total 4,20,958 Rounded to 4,20,960 - 3 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 of 2022 4. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has sustained grievous injuries to left thigh, left knee and left shoulder, left fore head, left hand and other parts of the body. 5. Since the Doctor has assessed the disability to the whole body at 38% to 40%, the Tribunal has rightly assessed the whole body disability suffered by the claimant at 38%. 6. The Tribunal has determined the monthly income, notionally at Rs.4,500/-. 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 2012, would be Rs.7,000/-. 7. Since the claimant was aged about 45 years and sustained 38% disability to the whole body, 25% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.8,750/-. - 4 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 of 2022 8. As the claimant was aged about 45 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,58,600/- (Rs.8,750 x 12 x 14 x 38 %) towards 'loss of future income'. 9. As a consequence, the amount of Rs.3,750/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.28,000/- (Rs.7,000 X 4 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards ‘loss of amenities’, as against the sum of Rs.20,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at - 5 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 of 2022 Rs.20,000/- as against the sum of Rs.2,500/- awarded by the Tribunal. 13. The compensation of Rs.87,428/- awarded by the Tribunal under head of ‘Medical Expenses’ remains unaltered as the same is proper and adequate. 14. 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. Medical Expenses 87,428 87,428 2. Loss of income during the laid up period 3,750 28,000 3. Attendant Charges 2,500 20,000 4. Loss of income 2,87,280 5,58,600 5. Pain and Sufferings 20,000 50,000 6. Loss of Amenities 20,000 30,000 Total 4,20,958 7,74,028 Rounded to 4,20,960 7,74,030 - 6 - HC-KAR NC: 2026:KHC:35306 MFA No. 3643 of 2022 15. Thus, the claimant is held entitled to the total compensation of Rs.7,74,030/- as against Rs.4,20,960/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurance Company is directed to deposit the amount of compensation awarded along with interest at 6% per annum within six weeks from the date of receipt of a certified copy of this judgment. 17. In view of the order dated 13.07.2026 passed by this Court, the claimant-appellant is not entitled for interest for the delayed period of 2157 days in filing the appeal. 18. The Tribunal is directed to release the entire amount in favour of the claimant, after due verification. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 3