- 1 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 1932 OF 2022 (MV-I) BETWEEN: SRI. RAJU POOJARY, S/O. BASAVARAJ POOJARY, AGED ABOUT 40 YEARS, R/O GANDHI NAGAR, KOTESHWARA POST AND VILLAGE, KUNDAPURA TALUK - 576 201. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI. NITHYANANDA, S/O. DEVU POOJARY, AGED ABOUT 50 YEARS, R/O. "NITHYANANDA" DADDI CROSS, BADAGUYEDAPADAVU, MANGALORE TALUK - 575 001 2. THE NATIONAL INSURANCE CO. LTD., DIVISIONAL OFFICE: MASJID ROAD, SHANKAR BUILDING, UDUPI - 576 201 REP. BY ITS DIVISIONAL MANAGER. …RESPONDENTS (BY SRI. SHASHANK RAO L., ADVOCATE FOR R2 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.09.2015 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 NO. 164/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR HEARING - INTERLOCUTORY APPLN, 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.2,92,410/- 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. Pain and suffering 50,000 2. Medical expenses, Food and Nourishment, attendant and conveyance charges 73,810 - 3 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 3. Loss of earning during laid up period 39,000 4. Loss of future earning capacity 93,600 5. Loss of amenities 15,000 6. Future medical expenses 15,000 7. Vehicle repair charges 6,000 Total 2,92,410 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from following injuries: 1. Right leg one CLW 0.1 cms proximal leg anteriorly X-ray shows Type 2 Open right both bone leg fracture (Junction of proximal 1/3rd and middle 1/3rd) 2. Tibia CRIF with IMIL with PITKAR Nail + wound washed out for CLW over sutures" - 4 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 6. Since the Doctor has assessed the disability to the whole body at 10% and considering the nature and gravity of injury, I deem it just and appropriate to assess the disability at 10% instead 8% assessed by the Tribunal. Accordingly, the disability suffered by the claimant would be at 10%. 7. The Tribunal has determined the monthly income, notionally at Rs.6,500/- per month. 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 2013, would be Rs.8,000/- 8. As the claimant was aged 40 years, the Tribunal has rightly applied a multiplier of '15'. Consequently, the claimant would be entitled to a sum of Rs.1,44,000/- (8,000 x 12 x 15 x 10%) towards 'loss of future income' as against the sum of Rs.93,600/- awarded by the Tribunal. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 Rs.25,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 10. The sum awarded as medical expenses at Rs.73,810/- being based on the documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 12. 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. Pain and suffering 50,000 50,000 2. Medical expenses, Food and Nourishment, attendant and conveyance charges 73,810 73,810 3. Loss of earning during laid up period 39,000 39,000 4. Loss of future earning capacity 93,600 1,44,000 - 6 - HC-KAR CNR: KAHC010067642021 NC: 2026:KHC:36619 MFA No. 1932 of 2022 5. Loss of amenities 15,000 25,000 6. Future medical expenses 15,000 15,000 7. Vehicle repair charges 6,000 6,000 Total 2,92,410 3,52,810 13. Thus, the claimant is held entitled to the total compensation of Rs.3,52,810/- as against Rs.2,92,410/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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 CR List No.: 1 Sl No.: 25