- 1 - HC-KAR CNR: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3277 OF 2022(MV-I) BETWEEN: SRI MAHADEVA S/O PUTTAPPA AGED ABOUT 39 YEARS R/AT NO.15, 7TH CROSS PIPE LINE, MALLESHWARAM BENGALURU-560 003. …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. E HANUMANTHARAYAPPA S/O NARAYANAPPA NO.28/3 SRINIVASAPURA KOGILU LAYOUT, YELAHANKA BENGALURU-560 064 (R C OWNER OF CAR BEARING REG NO.KA-03-AC-9008) 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LTD., REGIONAL OFFICE, 5TH FLOOR KRUSHI BHAVAN NRUPATHUNGA ROAD NEAR HUDSON CIRCLE BENGALURU-560 027 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 (POLICY NO.0716033117P114297613 VALID FROM 09/01/2018 TO 08/01/2019) …RESPONDENTS (BY SRI. G.S. MARULAIAH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.12.01.2022 PASSED IN MVC NO.5529/2018 ON THE FILE OF THE IX C/c. XIII ADDITIONAL SMALL CAUSE JUDGE, SMALL CAUSES AND ADDITIONAL MACT, BENGALURU, (SCCH-15), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.2,19,216/- awarded by IX C/c XIII ASCJ, Small Causes and Addl. MACT, Bengaluru, (SCCH-15) (for short ‘the Tribunal’) in MVC No.5529/2018 dated 12.01.2022, 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: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards loss of future income 1,72,800 2. Towards pain and suffering 10,000 3. Loss of income during the period of treatment, rest, food, nourishment and attendant 10,000 4. Towards loss of amenities 10,000 5. Towards Hospital and medicine charges 16,416 Total 2,19,216 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10%. 5. I have perused the evidence of PW.2-Doctor and the wound certificate. The same depicts that the claimant has suffered closed right IT fracture and the fracture is united implant in situ. 6. Since the Doctor has assessed the disability at 24% to the whole body, the Tribunal has assessed the disability at 10% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the - 4 - HC-KAR CNR: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 medical records, I deem it appropriate to assess the disability at 16%. 7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 2018, would be Rs.12,500/-. 8. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,84,000/- (12,500 x 12 x 16 x 16%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.10,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500 X 3 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 Rs.50,000/- towards 'pain and suffering' as against Rs.10,000/- 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.25,000/- as against Rs.10,000/- towards ‘loss of amenities’. 12. The sum awarded as ‘medical expenses’ at Rs.16,416/-, being based on documentary evidence, does not call for modification and hence confirmed. 13. 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 loss of future income 1,72,800 3,84,000 2. Towards pain and suffering 10,000 50,000 3. Loss of income during the period of treatment, rest, food, nourishment and attendant charges 10,000 37,500 - 6 - HC-KAR CNR: KAHC010178082022 NC: 2026:KHC:35992 MFA No. 3277 of 2022 4. Towards loss of amenities 10,000 25,000 5. Towards Hospital and medicine charges 16,416 16,416 Total 2,19,216 5,12,916 14. Thus, the claimant is held entitled to the total compensation of Rs.5,12,916/- as against Rs.2,19,216/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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.: 12