- 1 - HC-KAR CNR: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 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.3204 OF 2022(MV-I) BETWEEN: MR.ZOHEB JAVEED KHAN S/O JAVEED KHAN, AGE 39 YEARS, OCC: MECHANIC NO 17, 2ND FLOOR 1ST 'A' CROSS HEBBAL BINNY MILL ROAD GANGANAGAR, R.T NAGAR BENGALURU-560 032 …APPELLANT (BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE) AND: 1. SRI.DHANANJAY KUMAR PRASAD S/O PRASAD SHIV NARAYAN, NO.9, C/O KRISHNAPPA BUILDING 2ND FLOOR, 2ND CROSS PEMMAIAH B.K. J.C NAGAR, BENGALURU 560006 2. THE REGIONAL MANAGER NEW INDIA ASSURANCE COMPANY LIMITED 2ND FLOOR, MAHALAKSHMI COMPLEX M.G ROAD, OPP AJNTA HOTEL Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 of 2022 BENGALURU-560 001 …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, 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 DATED 20.01.2022 PASSED IN MVC NO. 5231/2019 ON THE FILE OF THE XIX ADDITIONAL JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, 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 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.3,82,438/- awarded by XIX Addl. Judge and Motor Accident Claims Tribunal, Court of Small Causes, Bengaluru (for short ‘the Tribunal’) in MVC No.5231/2019 dated 20.01.2022, 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: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 30,000 2. Loss of income during laid up period and rest period 24,000 3. Medical expenses 82,438 4. Attendant, Nourishment and Conveyance charges 10,000 5. Loss of future income 2,16,000 6. Loss of amenities 20,000 7. Future medication NIL Total 3,82,438 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability at 10% to whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate. The same depicts that the claimant has suffered left radius dorsal displacement fracture. 6. Since the Doctor has assessed the disability at 30.67% to the left upper limb, 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 - 4 - HC-KAR CNR: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 of 2022 perused the medical records, I deem it appropriate to assess the disability at 11%. 7. The Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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 2019, would be Rs.14,000/-. 8. As the claimant was aged 37 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,77,200/- (14,000 x 12 x 15 x 11%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.24,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000 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: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 of 2022 Rs.50,000/- towards 'pain and suffering' as against Rs.30,000/- 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.20,000/- towards ‘loss of amenities’. 12. The sums awarded as ‘medical expenses’ at Rs.82,438/- and Rs.10,000/- towards ‘Attendant, Nourishment and Conveyance Charges’ being based on documentary evidence, do 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. Pain and sufferings 30,000 50,000 2. Loss of income during laid up period and rest period 24,000 42,000 3. Medical expenses 82,438 82,438 - 6 - HC-KAR CNR: KAHC010174282022 NC: 2026:KHC:35993 MFA No. 3204 of 2022 4. Attendant, Nourishment and Conveyance charges 10,000 10,000 5. Loss of future income 2,16,000 2,77,200 6. Loss of amenities 20,000 25,000 7. Future medication - - Total 3,82,438 4,86,638 14. Thus, the claimant is held entitled to the total compensation of Rs.4,86,638/- as against Rs.3,82,438/-, 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.: 9