- 1 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 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.5213 OF 2020(MV-I) BETWEEN: MR. T V VENUGOPAL S/O T V VENKATESH AGED ABOUT 26 YEARS R/AT NO.84 3RD CROSS VIGNESHWAR NAGAR SUNKADAKATTE HEROHALLI BENGALURU-560091. …APPELLANT (BY SRI. CHANDRASHEKAR R., ADVOCATE) AND: 1. MR. AMARNATH, MAJOR S/O YARRAPPA NO.29 DODDANANJARLU VILLAGE GUDIBANDE TALUK CHIKKABALLAPUR-562101. 2. IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD., BRINDAVAN BUILDING, GROUND FLOOR P6-(D) 1ST MAIN ROAD 1ST STAGE PEENYA INDUSTRIAL AREA BENGALURU-560058 REP BY ITS MANAGER. …RESPONDENTS (BY SRI.SHANKARA REDDY, ADVOCATE FOR R2: NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 02.12.2017 PASSED IN MVC NO.5446/2015 ON THE FILE OF THE XXI ACMM AND XXIII ASCJ, MACT, COURT OF SMALL CAUSES, BENGALURU SCCH-25, PARTLY ALLOWING THE CLAIM Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 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.6,68,298/- 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. Pain and sufferings 50,000 2. Medical Expenses 3,44,498 3. Loss of income during laid up period 16,000 4. Loss of future income 1,72,800 5. Loss of future amenities and happiness 25,000 6. Attendant, conveyance, food and nourishment charges 20,000 - 3 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 7. Future Medical Expenses 40,000 Total 6,68,298 4. I have perused the evidence of the Doctor - PW.3 and the wound certificate-Ex.P5. The same depicts that the claimant has suffered following injuries: (1) Fracture: intercondylar right femur with displacement. (2) Fracture: right leg 1/3rd both bone fracture with displacement. 5. Since the Doctor has assessed the permanent residual physical disability to the whole body at 32%, it would be just and appropriate to assess the disability at 1/3rd thereof. Accordingly, the whole body disability suffered by the claimant would be at 11%, as against 10% assessed by the Tribunal. 6. The Tribunal has determined the monthly income, notionally at Rs.8,000./-. 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 - 4 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 Authority, which, for the accident of the year 2015, would be Rs.9,000/-. 7. As the claimant was aged about 21 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,13,840/- (Rs.9,000 x 12 x 18 x 11%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.16,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.27,000/- (Rs.9,000 X 3 months). 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.50,000/- 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.40,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 11. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.35,000/- as against the sum of Rs.20,000/- awarded by the Tribunal. 12. The compensation of Rs.3,44,498/- awarded by the Tribunal under the head of 'medical expenses' and Rs.40,000/- under the head of 'future medical expenses', are unaltered as the same are adequate. 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 50,000 100,000 2. Medical Expenses 3,44,498 3,44,498 3. Loss of income during laid up period 16,000 27,000 4. Loss of future income 1,72,800 2,13,840 - 6 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 14. Thus, the claimant is held entitled to the total compensation of Rs.8,00,338/- as against Rs.6,68,298/-. However, the enhanced compensation shall carry interest at 6% per annum. 15. The Insurance Company is directed to deposit the amount of compensation awarded along with interest within six weeks from the date of receipt of a certified copy of this judgment excluding interest for the compensation awarded under the head of 'future medical expenses'. 16. In view of the order dated 13.07.2026 passed by this Court, the claimant is not entitled for the interest for the period of delay of 727 days in filing the appeal. 5. Loss of future amenities and happiness 25,000 40,000 6. Attendant, conveyance, food and nourishment charges 20,000 35,000 7. Future Medical Expenses 40,000 40,000 Total 6,68,298 8,00,338 - 7 - HC-KAR NC: 2026:KHC:35302 MFA No. 5213 of 2020 The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 14