- 1 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7565 OF 2022(MV-I) BETWEEN: SRI KEMPEGOWDA S/O LAKSHMANA NOW AGED ABOUT 37 YEARS R/AT MENASI VILLAGE ARALUMALLIGE POST DODDABALLAPUR TALUK BANGALORE RURAL DISTRICT. …APPELLANT (BY SMT. SUSHMITHA G., ADVOCATE) AND: 1. SMT PREMA P B W/O VIJAY KUMAR T C MAJOR R/AT WARD NO.1 SUBHASHNAGAR DODDABALLAPUR TOWN BANGALORE-561203. 2. THE RELIANCE GENERAL INSURANCE COMPANY LTD V FLOOR, WEST WING CENTENARY BUILDING M G ROAD, BANGALORE-560001 REP BY ITS MANAGER …RESPONDENTS (BY SRI.LAKSHMINARAYANA C, ADVOCATE FOR R2: NOTICE TO R1 IS D/W V/O DATED: 13.07.2026) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 04.08.2022 PASSED IN MVC NO.7492/2019 ON THE FILE OF THE VII ADDITIONAL SCJ AND ACMM, MEMBER, MACT-3, BENGALURU, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 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.4,70,022/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of future income 3,02,400 2. Pain and sufferings 20,000 3. Medical expenses 1,17,622 4. Loss of income during laid up period 15,000 5. Loss of amenities and nutrition food 10,000 6. Attendant charges and conveyance 5,000 Total 4,70,022 - 3 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 12% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has deformed right hand and wrist, decreased dorsiflexion and palmar flexion in the right wrist, fixed flexion deformity of the right middle and right finger, blunting sensation over the dorsum of the right hand and further, x-ray shows united fracture of the right metacarpals and reduced right wrist joint. 6. Since the Doctor has assessed the disability to the right hand at 59% and 20% to the whole body, I am of the view that it would be just and appropriate to assess the whole body disability at 16%. Accordingly, the disability suffered by the claimant would be at 16%. 7. The Tribunal has rightly determined the notional monthly income at Rs.14,000/-, which remains unaltered, as the same is proper and adequate. - 4 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 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.4,03,200/- (Rs.14,000 x 12 x 15 x 16%) towards 'loss of future income'. 9. The amount of Rs.15,000/- 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). 10. 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.20,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards ‘loss of amenities and nutrition food’, as against the sum of Rs.10,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Attendant charges and conveyance’ at Rs.10,000/- as against the sum of Rs.5,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 13. The compensation of Rs.1,17,622/- awarded by the Tribunal under head of ‘Medical Expenses’ remains unaltered as the same is proper and adequate. 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. Loss of future income 3,02,400 4,03,200 2. Pain and sufferings 20,000 50,000 3. Medical expenses 1,17,622 1,17,622 4. Loss of income during laid up period 15,000 42,000 5. Loss of amenities and nutrition food 10,000 30,000 6. Attendant charges and conveyance 5,000 10,000 7. Total 4,70,022 6,52,822 15. Thus, the claimant is held entitled to the total compensation of Rs.6,52,822/- as against Rs.4,70,022/-, - 6 - HC-KAR NC: 2026:KHC:35304 MFA No. 7565 of 2022 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 HA LIST NO.: 1 SL NO.: 7