- 1 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 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. 4606 OF 2022 (MV-I) BETWEEN: SHRI. VEERAJ A RANDEWADI S/O ARUN AGED ABOUT 26 YEARS, R/AT NO.660, INDIRA NAGAR ALNAVAR, DHARWAD-581 103 …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO. LTD KRISHI BHAVAN, 5TH AND 6TH FLOOR HUDSON CIRCLE, NRUPATHUNGA ROAD, BENGALURU, POLICY ISSUED BY ITS OFFICE IN POLICY NO.072800319P112057316 DATE OF VALIDITY FROM 16-12-2019 TO 15-12-2020 2. MR. RAJESH N KAPAT, MAJOR, R/AT NO.77/78, 1ST FLOOR, BATANIA CHAMBERS, SP ROAD, BENGALURU - 560 002 …RESPONDENTS (BY SRI. MOHAN KUMAR T., ADVOCATE FOR R1 V/C/O DT. 16/07/2026, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.01.02.2022 IN MVC NO.108/2021 ON THE FILE OF THE 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 MFA, 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.4,77,965/- awarded by the Tribunal in MVC No.108/2021 dated 01.02.2022, 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 20,000 2. Loss of income during laid up period 5,000 3. Medical expenses 7,626 - 3 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 of 2022 4. Attendant, nourishment and conveyance charges 5,000 5. Loss of future income 4,10,339 6. Loss of amenities 15,000 7. Future medication 15,000 Total 4,77,965 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 6% to the whole body. 5. I have perused the evidence of PW.2-Doctor and wound certificate. The same depicts that the claimant has suffered volar Barton's fracture (R). CLW 3 x 1 x 1 cms over scrotum. 6. Since the Doctor has assessed the disability at 35% to the right arm and 12% to the whole body, the Tribunal has erred in assessing the disability at 6% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having considered the evidence of PW.2-Doctor and the medical records, I am of the considered view that the disability suffered by the claimant would be at 10%. - 4 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 of 2022 7. The Tribunal has considered the monthly income of the claimant at Rs.31,662/- based on pay slips-Ex.P13 of the claimant and also other documents, which I deem it just and proper. 8. As the claimant was aged 25 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.6,83,999/- (31,662 x 12 x 18 x 10%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 10. As a consequence, the amount of Rs.5,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.31,662/- (31,662 X 1 month). 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of - 5 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 of 2022 Rs.25,000/- as against Rs.15,000/- towards ‘loss of amenities and nutritious food’. 12. The sums awarded under the head 'medical expenses', 'attendant, nourishment and conveyance expenses' and 'future medical expenses' remain unaltered. 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. Pain and suffering 20,000 40,000 2. Loss of income during laid up period 5,000 31,662 3. Medical expenses 7,626 7,626 4. Attendant, nourishment and conveyance charges 5,000 5,000 5. Loss of future income 4,10,339 6,83,899 6. Loss of amenities 15,000 25,000 7. Future medication 15,000 15,000 Total 4,77,965 8,08,187 14. Thus, the claimant is held entitled to the total compensation of Rs.8,08,187/- as against Rs.4,77,965/-, - 6 - HC-KAR CNR: KAHC010286592022 NC: 2026:KHC:36590 MFA No. 4606 of 2022 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 amount, if any, deposited shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 8