- 1 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 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. 931 OF 2020 (MV-I) BETWEEN: SRI. MADHUCHANDANA H J S/O JAVAREGOWDA AGED ABOUT 27 YEARS R/AT C/O CHIKKAVENKATEGOWDA CHINDAGIRIKOPPALU VILLAGE K SHETTAHALLI HOBLI SRIRANGAPATANA TALUK MANDYA DISTRICT-571 807 P.R/O NO.38, 31ST MAIN BLOCK SIDE ANJANEYA TEMPLE, SAKAMMA LAYOUT NANDINI LAYOUT BANGALORE-560 096(SSMDS) …APPELLANT (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND: 1. SRI RAMESHA S/O LATE SHIVARAMU AGED ABOUT 39 YEARS R/A BASAVANAHUNDIKOPPALU VILLAGE NAGAMANGALA TALUK, MANDYA DISTRICT KARNATAKA-571 402 2. THE MANAGER ICICI LOMBARD GENERAL Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 INSURANCE COMPANY LIMITED 1ST MAIN ROAD SARASWATHIPURAM MYSURU CITY-570 009 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 19/04/2022, NOTICE TO R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.04.2018 PASSED IN MVC NO.919/2016 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND MACT, SRIRANGAPATNA, 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.7,03,569/- 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 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain, shock and agony 60,000 2. Medical expenses 75,700 3. Food, diet, Nourishment, conveyance and other incidental expenses 9,000 4. Loss of income during treatment period 36,452 5. Future Medical expenses 20,000 6. Towards permanent disability 4,72,417 7. Disappointment and discomfort and loss of amenities 30,000 Total 7,03,569 4. The Tribunal, on an analysis of the medical evidence i.e., PW.3 - the doctor who treated the injured, it has concluded that the claimant has suffered 35% disability with respect to the particular limb i.e., lower limb as per Ex.P9. The Tribunal upon assessment of the evidence and documents, assessed the disability at 12% i.e., 1/3rd of the 35%. - 4 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 5. The Tribunal has determined the monthly income at Rs.18,226/- by considering his income as driver in Securing Parking Solution Private Limited and his last pay drawn at Rs.18,226/- as per Ex.P11. 6. As the claimant was aged 25 years, the Tribunal has rightly applied the multiplier of '18'. Accordingly, the Tribunal granted Rs.4,72,417/- towards 'loss of future income'. 7. As a consequence, the amount of Rs.36,452/- awarded by the Tribunal towards 'loss of income during the laid up period' would stand enhanced to Rs.54,678/- (Rs.18,226/- X 3 months). 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against the sum of Rs.60,000/- awarded by the Tribunal. 9. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at - 5 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 Rs.15,000/- as against the sum of Rs.9,000/- awarded by the Tribunal. 10. The sum awarded as medical expenses at Rs.75,700/-, being based on 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, shock and agony 60,000 75,000 2. Medical expenses 75,700 75,700 3. Food, diet, Nourishment, conveyance and other incidental expenses 9,000 15,000 4. Loss of income during treatment period 36,452 54,678 5. Future Medical expenses 20,000 20,000 - 6 - HC-KAR CNR: KAHC010522712019 NC: 2026:KHC:36229 MFA No. 931 of 2020 6. Towards permanent disability 4,72,417 4,72,417 7. Disappointment and discomfort and loss of amenities 30,000 30,000 Total 7,03,569 7,42,795 13. Thus, the claimant is held entitled to the total compensation of Rs.7,42,795/- as against Rs.7,03,569/-, 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.: 1