- 1 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 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.5308 OF 2021(MV-I) BETWEEN: SRI RATHNAVADIVELU @ RATHNA VADIVEL S.P S/O LATE PAPANNA CHETTIAR AGED ABOUT 65 YEARS R/AT NO.22, MUTTON STALL ROAD DODDAMAVALLI, BASAVANAGUDI BANGALORE-04. …APPELLANT (BY SRI. SHRIPAD V SHASTRI.,ADVOCATE) AND: 1. M/S A M P ADVISORS PROP. MEGNA PRASAD FIRST FLOOR, F-3 17/8 CASA CAPITOL, WOOD STREET ASHOK NAGAR, BANGALORE-25. 2. LIBERTY VIDEOCON GENERAL INSURANCE CO. LTD NO.1, ALYSSA I FLOOR, REAR PORTION OLD NO.28 NEW NO.23, RICHMOND ROAD BENGALURU-560 025, BY ITS MANAGER …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.07.2021 PASSED IN MVC NO 1851/2019. ON THE FILE OF THE C/c XXII ADDITIONAL SMALL CAUSES JUDGE, A.C.M.M AND MEMBER, M.A.C.T., BENGALURU, 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.1,94,000/- awarded by the Tribunal in MVC.No.1851/2019 vide judgment and dated 09.07.2021 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. Attending charges, extra nutritious food & conveyance charges 10,000 2. Pain and sufferings 20,000 - 3 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 3. Loss of income during laid-up period 20,000 4. Medical expenses 58,000 5. Loss of future income due to disability 51,000 6. Loss of future amenities & happiness 20,000 7. Future Medical expenses 15,000 Total 1,94,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 6%. 5. I have perused the evidence of the Doctor - PW3 and the wound certificate - Ex.P15. PW.3 who examined the claimant deposed that the claimant had suffered fracture of right proximal tibia and that the fracture of tibial plateau with depressed medial condyle with implants has been united. He assessed the disability at 50% to the right lower limb and 25% to the whole body. Despite, the Tribunal has assessed the disability at 6%. Having regard to the injuries suffered, I deem it just and appropriate to assess the disability at 16%. - 4 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 Accordingly, the disability suffered by the claimant would be at 16% 6. The Tribunal has determined the monthly income, 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 2019, would be Rs.14,000/-. 7. As the claimant was aged 64 years, a multiplier of '7' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.188,160/- (Rs.14,000 x 12 x 7 x 16 %) towards 'loss of future income' as against Rs.51,000/- awarded by the Tribunal 8. As a consequence, the amount of Rs.20,000/- 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) treating the laid up period as three months. - 5 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.20,000/- 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.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 11. The sum of Rs.10,000/- towards 'Conveyance, food and nourishment and attendant charges' and the sum of Rs.15,000/- towards 'future medical expenses' awarded by the Tribunal, being just and proper, is affirmed. 12. The sum of Rs.58,000/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 13. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. As awarded As awarded - 6 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 No. Compensation under different Heads by the Tribunal (Rs.) by this Court (Rs.) 1. Attending charges, extra nutritious food & conveyance charges 10,000 10,000 2. Pain and suffering 20,000 40,000 3. Loss of income during laid-up period 20,000 42,000 4. Medical expenses 58,000 58,000 5. Loss of future income due to disability 51,000 1,88,160 6. Loss of future amenities & happiness 20,000 30,000 7. Future medical expenses 15,000 15,000 Total 1,94,000 3,83,160 14. Thus, the claimant is held entitled to the total compensation of Rs.3,83,160/- as against Rs.1,94,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010388822021 NC: 2026:KHC:36598 MFA No. 5308 of 2021 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 PKS List No.: 1 Sl No.: 54