- 1 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 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.3375 OF 2021(MV-I) BETWEEN: MR. NOOR AHAMED S/O JAFFER AHAMED, AGED ABOUT 52 YEARS, R/AT NO.74/B, 1ST CROSS, VINAYAKANAGAR, HALE GUDDADAHALLI, BENGALURU SOUTH, GOVERNMENT ELECTRIC FACTORY, BENGALURU-560 026. …APPELLANT (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND: 1. THE MANAGING PARTNER SRI. VIJAY KUMAR M/S NAGARJUNA CONCRETE PRODUCTS, S/O.ASHWATHNARAYANA, BETTAHALASUR POST, BENGALURU-562 157. 2. THE REGIONAL MANAGER NEW INDIA ASSURANCE INSURANCE COMPANY LIMITED, 9/2, MAHALAKSHMI COMPLEX, M.G ROAD, 2ND FLOOR, OPPOSITE AJANTHA HOTEL, BENGALURU-560 001. …RESPONDENTS (BY SRI. KRISHNA KISHORE S, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.03.2021 PASSED IN MVC NO.4787/2019 ON THE FILE OF III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-18), 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.4,91,635/- 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. Towards pain and suffering 40,000 2. Towards loss of amenities 20,000 3. Towards nourishment, conveyance and attendant charges 5,000 4. Towards medical expenses 1,50,515 5. Towards loss of future income 2,37,120 - 3 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 6. Towards loss of income during laid up period and rest period 19,000 7. Future medication 20,000 Total 4,91,635 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 16% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate. The same depicts that the claimant has suffered compound fracture of upper left tibia. 6. Since the Doctor has assessed the permanent disability at 45.9% to the left lower limb, the Tribunal has rightly assessed the disability at 1/3rd of the same, which would be 16% to the whole body. Accordingly, the disability suffered by the claimant would be at 16%. 7. The Tribunal has determined the monthly income, notionally at Rs.9,500/-. 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 - 4 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 8. As the claimant was aged 50 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,49,440/- (14,000 x 12 x 13 x 16%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.19,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000 X 3 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.40,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.30,000/- as against Rs.20,000/- towards ‘loss of amenities’. 12. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries - 5 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 suffered, the claimant would be entitled to a sum of Rs.10,000/- towards ‘nourishment, conveyance attendant charges’, as against the sum of Rs.5,000/- awarded by the Tribunal. 13. The sum awarded under the head ‘future medication’ remain unaltered. 14. The sum awarded as ‘medical expenses’ at Rs.1,50,515/-, being based on documentary evidence, do not call for modification and hence confirmed. 15. 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 suffering 40,000 50,000 2. Towards loss of amenities 20,000 30,000 3. Towards nourishment, conveyance and attendant charges 5,000 10,000 4. Towards medical expenses 1,50,515 1,50,515 5. Towards loss of future income 2,37,120 3,49,440 6. Towards loss of income 19,000 42,000 - 6 - HC-KAR CNR: KAHC010281842021 NC: 2026:KHC:36408 MFA No. 3375 of 2021 during laid up period and rest period 7. Future medication 20,000 20,000 Total 4,91,635 6,51,955 16. Thus, the claimant is held entitled to the total compensation of Rs.6,51,955/- as against Rs.4,91,635/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 17. 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.: 36