- 1 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 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.5138 OF 2021(MV-I) BETWEEN: MANJUNATHA NAIK AGED ABOUT 28 YEARS S/O. BALACHANDRA NAYAK, R/AT NO. 5-52/25, SADABAVANA NAGARA, PARANEERU, BANGLEGUDDE, KUKKUNDOOR, KARKALA KASBA VILLAGE, KARKALA TALUK 576117 …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. PRADEEP SHETTY S/O. ANANDA SHETTY, R/AT THURKERABETTU HOUSE, 41ST SHIROORU VILLAGE AND POST, UDUPI TALUK 576101 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD KARKALA BRANCH, POST BOX NO. 29, 2ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK LTD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 of 2021 MARKET ROAD, KERKALA 576117 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, VIDE ORDER DATED 24/11/2022, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED.01.06.2021 PASSED IN MVC NO.625/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, KARKALA, 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.5,22,696/- awarded by the Tribunal vide judgment and award dated 01.06.2021 in MVC No. 625/2020, 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: - 3 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 1,00,000 2. Loss of future income 2,44,800 3. Medical expenses 71,896 4. Future medical expenses 30,000 5. Loss of income during the laid up period 36,000 6. Conveyance, food, nourishment, attendant `charges 15,000 7. Loss of amenities in life 25,000 Total 5,22,696 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. 5. I have perused the evidence of Doctor - PW.2, which depicts that the claimant has suffered permanent disability of 18% on the right upper limb loco motor function and 14% on the right lower limb loco motor function and 40% disability with respect to functional impairment in respect to occupation as a - 4 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 of 2021 cook. As such, I deem it just and appropriate to assess the disability of the claimant at 20%. 6. 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 2020, would be Rs.14,500/-. 7. As the claimant was aged 27 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,91,600/- (14,500 x 12 x 17 x 20%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.36,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.43,500/- (14,500 X 3 months) treating the laid up period as three months. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 of 2021 Rs.30,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 10. The sums awarded by the Tribunal towards 'pain and suffering' at Rs.1,00,000/- and towards 'conveyance and incidental charges' at Rs.15,000/-, being just and proper, needs no interference and are affirmed. 11. The sum of Rs.71,896/- awarded towards medical expenses and a sum of Rs.30,000/- awarded towards future medical expenses by the Tribunal, being based on documentary evidence, are affirmed. 12. 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 1,00,000 1,00,000 2. Loss of future income 2,44,800 5,91,600 3. Medical expenses 71,896 71,896 - 6 - HC-KAR CNR: KAHC010380022021 NC: 2026:KHC:36596 MFA No. 5138 of 2021 4. Future medical expenses 30,000 30,000 5. Loss of income during the laid up period 36,000 43,500 6. Conveyance, food, nourishment, attendant charges 15,000 15,000 7. Loss of amenities in life 25,000 30,000 Total 5,22,696 8,81,996 13. Thus, the claimant is held entitled to the total compensation of Rs.8,81,996/- as against Rs.5,22,696/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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. On such deposit, the Tribunal is directed to release the enhanced compensation to the claimant through E-payment on proper identification. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS/List No.: 1 Sl No.: 53