- 1 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 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.6859 OF 2022(MV-I) BETWEEN: SACHIN R S/O RAJU AGED ABOUT 22 YEARS, #14, 2ND CROSS, R/A GANAPATHIPURA BANGALORE SOUTH KONANAKUNTE BANGALORE KARNATAKA-560 062 …APPELLANT (BY SRI. RAGHU R, ADVOCATE) AND: 1. PADMA MAJOR W/O BASAPPA R/A NO.66/1, SOMESHWARA LAYOUT BILEKAHALLI, BANGALORE-560 078 2. THE MANAGER RELIANCE GEN INSURANCE CO LTD 5TH FLOOR, CENTUNARY BUILDING, 28, M.G ROAD, BANGALORE-560 001 …RESPONDENTS (BY SRI. LAKSHMINARAYAN.C, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.07.2022 PASSED IN MVC NO.2983/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURLU (SCCH-11), 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.7,05,645/- awarded by the Tribunal vide judgment and award dated 01.07.2022 in MVC No.2983/2019, 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. Pain and Suffering 50,000 2. Medical expenses 2,77,045 - 3 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 3. Food and nourishment and attendant charges 3,200 4. Conveyance 10,000 5. Loss of income during the laid-up period 28,000 6. Loss of future income 3,02,400 7. Loss of future amenities 10,000 8. Future medical expenses 25,000 Total 7,05,645 4. The Tribunal, on an analysis of the oral and documentary medical evidence and the facts and circumstances of the case, has concluded that the claimant has suffered functional disability to the extent of 10%. As the Doctor has assessed 44% physical disability to the right upper limb and 22% disability to the whole body, I deem it just and proper to assess the functional disability at 13%. 5. The Tribunal has rightly determined the monthly income, notionally at Rs.14,000/- according to the chart prepared by the Karnataka State Legal Services Authority for the accident of the year 2019. - 4 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 6. As the claimant was aged 21 years as on the date of accident, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,93,120/- (Rs.14,000x 12 x 18 x 13%) towards 'loss of future income' as against Rs.3,02,400/- 7. Consequently, by treating the laid up period as three months, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 x 3 months). 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.20,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 9. As regards the sum of compensation awarded by the Tribunal towards ‘pain and suffering’ at Rs.50,000/-, towards ‘conveyance and attendant charges’ and ‘food and nourishment’ at Rs.13,200/- and towards future medical expenses at Rs.25,000/- being just and proper, are affirmed. - 5 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 10. As regards medical expenses awarded by the Tribunal at Rs.2,77,045/-, being based on documentary evidence, is affirmed. 11. Consequently, the award of the Tribunal is modified, and the claimant would be entitled to the following compensation: Sl. N o. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and suffering 50,000 50,000 2. Loss of future income 3,02,400 3,93,120 3. Medical expenses 2,77,045 2,77,045 4. Future medical expenses 25,000 25,000 5. Loss of income during the laid up period 28,000 42,000 6. Conveyance charges 10,000 10,000 7. Food and nourishment, attendant charges 3,200 3,200 Loss of amenities 10,000 20,000 Total 7,05,645 8,20,365 12. Thus, the claimant is held entitled to the total compensation of Rs.8,20,365/- as against Rs.7,05,645 /-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010460572022 NC: 2026:KHC:36767 MFA No. 6859 of 2022 13. 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 PKS List No.: 1 Sl No.: 58