- 1 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 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. 5245 OF 2020 (MV-I) BETWEEN: MR. MOHAMMED ALAM @ ALAM KHAN S/O ABDUL JABBAR, AGED ABOUT 62 YEARS, R/AT NO.215, MAIN ROAD, RAHMATH NAGAR, R.T. NAGAR POST, BENGALURU - 560 032 ALSO AT NO.15, 1ST FLOOR, 3RD CROSS, NEAR ABU BAKAR MASJID, GANDHINAGAR, BENGALURU NORTH, BENGALURU - 560 045 …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE CO. LTD., KRISHI BHAVAN, NEXT TO MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU - 560 001, REP. BY ITS MANAGER 2. MR. MANJUNATH T.S. S/O SIDDAGANGAIAH, R/AT TONACHINAKUPPE, T. BEGUR POST, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT-562123 …RESPONDENTS (BY SRI. NAGARAJAIAH K., ADVOCATE FOR R1 V/O DTD 16/11/23, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.12.2019 PASSED IN MVC NO. 4762/2018 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-17), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, 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.3,92,200/- awarded by the Tribunal in MVC No.4762/2018 dated 13.12.2019, 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 45,000 2. Towards loss of amenities 15,000 3. Towards nourishment, conveyance and attendant charges 15,000 - 3 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 4. Towards medical expenses 1,48,400 5. Towards loss of future income 1,18,000 6. Towards loss of income during laid up period and rest period 30,000 7. Towards future medical expenses 20,000 Total 3,92,200 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability at 11% to the whole body. 5. I have perused the evidence of Doctor-PW.2 and the wound certificate. The same depicts that the claimant has suffered following injuries: i. Compound left both bone leg fracture ii. Abrasion over the right elbow 6. Since the Doctor has assessed the physical disability at 43% to the left lower limb and 15% to the whole body, the Tribunal has assessed the disability at 11% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it appropriate to assess the disability at 12%. - 4 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 7. The Tribunal has determined the monthly income of the claimant, notionally at Rs.10,000/-. 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 60 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,62,000/- (12,500 x 12 x 9 x 12%) towards 'loss of future income'. 9. As a consequence, the claimant would be entitled to a sum of Rs.37,500/- towards 'loss of income during the laid up period' (Rs.12,500 X 3 months) as against Rs.30,000/- awarded by the Tribunal. 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards loss of 'amenities', as against the sum of Rs.15,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 11. 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.45,000/- awarded by the Tribunal. 12. The sums awarded under the heads 'conveyance, food and nourishment and attendant charges' and ‘future medical expenses’ remain unaltered. 13. The sum awarded as 'medical expenses' at Rs.1,48,400/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. 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 45,000 50,000 2. Towards loss of amenities 15,000 25,000 3. Towards nourishment, conveyance and attendant charges 15,000 15,000 - 6 - HC-KAR CNR: KAHC010369972020 NC: 2026:KHC:36589 MFA No. 5245 of 2020 4. Towards medical expenses 1,48,400 1,48,400 5. Towards loss of future income 1,18,000 1,62,000 6. Towards loss of income during laid up period and rest period 30,000 37,500 7. Towards future medical expenses 20,000 20,000 Total 3,92,200 4,57,900 15. Thus, the claimant is held entitled to the total compensation of Rs.4,57,900/- as against Rs.3,92,200/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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.: 38