- 1 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 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. 595 OF 2022 (MV-I) BETWEEN: SRI KRISHNEGOWDA AGED ABOUT 52 YEARS S/O BETTEGOWDA R/AT MANUGANAHALLI VILLAGE HUNSURU TALUK, MYSURU DISTRICT, PIN-571 105 …APPELLANT (BY SRI. BHANU PRAKASH H.V, ADVOCATE) AND: 1. MANJUNATHA B K S/O B K KUMAR, MAJOR R/A NO.347 ONAKE OBAVVA ROAD 6TH CROSS, BOGADHI MYSURU-570 026 2. THE DIVISIONAL MANAGER NATIONAL INSURNACE CO LTD D.O II NEAR JAYAMMA GOVINDEGOWDA CHOULTRY KUVEMPUNAGAR, MYSURU-570 023 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2020 PASSED IN MVC NO.1168/2016 ON THE FILE OF THE JUDGE, PRL. COURT OF SMALL CAUSES, MYSURU AS A PRESIDING OFFICER, MACT, MYSURU, 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.3,65,000/- 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 medical expenses and nourishment 67,000 2. Towards loss of income during laid up period and rest 18,000 - 3 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 3. Towards injury, pain and suffering 50,000 4. Towards loss of future income 1,87,200 5. Towards loss of amenities of life 40,000 6. Future medical expenses - Total 3,62,200 Rounded off to 3,65,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 20% to the whole body by considering the evidence of PW.2-Doctor and Ex.P13-Disability Certificate. 5. On careful perusal of Ex.P13, the Doctor has assessed the disability at 45% i.e., (i) intellectual impairment at 25% and (ii) Ataxia. Assessed with Romberg's test, Heel to toe test, Reverse walking, Walking on single line etc., at 20%. Moreover, the Psychological Assessment Report placed by the claimant at Ex.P12, reveals that 'Borderline level of Intellectual Functioning (IQ=74) and Borderline deficits in socio-adaptive functioning (SQ=76) - Disability 25%. Considering these - 4 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 documents, I am of the view that the disability of the claimant has to be assessed at 30% instead of 20%. 6. The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 Authority, which, for the accident of the year 2016, would be Rs.9,500/-. Since the claimant has suffered 30% disability and is aged 48 years, 25% future prospects requires to be added to the said income, which would be Rs.11,875/- (9,500 + 25%). 7. As the claimant was aged 48 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,55,750 /- (11,875 x 12 x 13 x 30%) towards 'loss of future income'. 8. Having regard to the treatment taken and having regard to the length of stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.38,000/- towards - 5 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 'loss of income during the laid up period' (Rs.9,500 X 4 months) as against Rs.18,000/- awarded by the Tribunal. 9. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, I deem it appropriate to award a sum of Rs.15,000/- towards 'conveyance, food and nourishment and attendant charges'. 10. The sums award under the heads 'pain and suffering' and 'loss of amenities' remain unaltered. 11. The sum awarded as 'medical expenses' at Rs.67,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Towards medical expenses 67,000 67,000 - 6 - HC-KAR CNR: KAHC010094522021 NC: 2026:KHC:36407 MFA No. 595 of 2022 2. Towards loss of income during laid up period and rest 18,000 38,000 3. Towards injury, pain and suffering 50,000 50,000 4. Towards loss of future income 1,87,200 5,55,750 5. Towards loss of amenities of life 40,000 40,000 6. Towards food and nourishment and conveyance charges - 15,000 Total 3,62,500 Rounded off to 3,65,000 7,65,750 13. Thus, the claimant is held entitled to the total compensation of Rs.7,65,750/- as against Rs.3,65,000/-, 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 HKV/List No.: 1 Sl No.: 47