- 1 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5473 OF 2022(MV-I) BETWEEN: MR GIRI K S/O KRISHNAPPA, AGED ABOUT 39 YEARS, R/AT NO.4, 8TH 'C' CROSS, 6TH MAIN, JNANAJYOTHINAGAR, MALATHAHALLI, BENGALURU-560 056. PH:9880767218 EMAIL:GIRIKRISHNAPPA18@GMAIL.COM …APPELLANT (BY SRI. GIRI K (PARTY IN PERSON)-ADVOCATE) AND: 1. M/S UNITED INDIA INSURANCE CO LTD OFF.NO.109, SSI AREA, 5TH BLOCK, RAJAJINAGAR, BENGALURU-560 056 REPRESENTED BY ITS MANAGER 2. R.S MACHINE TOOL SERVICES REPT. BY ITS PARTNER MR. ARUN L, OFF AT NO.C-14, INDUSTRIAL ESTATE, RAJAJINAGAR BENGALURU. (OWNER OF THE OFFENDING VEHICLE BEARING REG.NO.KA-02-HD-7389) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 3. PRASHANTH S S/O T SRINIVAS, R/AT 615, 62ND CROSS, 5TH BLOCK, BHASYAM CIRCLE, RAJAJINAGAR, BENGALURU-560 010. …RESPONDENTS (BY SRI. SHANKARA REDDY C, ADVOCATE FOR R1, NOTICE TO R2 & R3 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.19.04.2022 IN MVC NO.1548/2020 ON THE FILE OF THE XVIII ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU CITY, (SCCH-4), 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.7,94,167/- awarded by the Tribunal in MVC No.1548/2020 dated 19.04.2022, 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: - 3 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Loss of future income 5,16,688 2. Loss of income during laid up period 41,000 3. Conveyance charges 5,000 4. Pain and sufferings 75,000 5. Medical bills 1,06,479 6. Food nourishment, attendant charges and loss of amenities 25,000 7. Future medical expenses 25,000 Total 7,94,167 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body. 5. I have perused the evidence of PW.3-Doctor and the wound certificate. Since the Doctor has assessed the disability at 34% to the upper limb and 11% to the whole body, the Tribunal has assessed the disability at 7% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it appropriate to assess the disability at 10%. - 4 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 6. The Tribunal has assessed the monthly income of the claimant at Rs.41,007/- by considering the notarized copies of pan card, bank statement and income tax returns produced by the claimant, which depict that the claimant was earning Rs.41,007/- after deducting Rs.200/- towards profession tax. The aforesaid assessment of the income of the claimant at Rs.41,007/-, being based on documentary evidence, is affirmed. 7. As the claimant was aged 36 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.7,38,126/- (41,007 x 12 x 15 x 10%) towards 'loss of future income'. 8. Having regard to the lasting effects of the injuries on the claimant, I deem it appropriate to award a sum of Rs.25,000/- towards ‘loss of amenities’. 9. The sum awarded as ‘medical expenses’ at Rs.1,06,479/-, being based on documentary evidence, do not call for modification and hence confirmed. - 5 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 10. The sums awarded under the heads ‘loss of income during laid up period', 'conveyance charges', 'pain and sufferings', 'food, nourishment, attendant charges and loss of amenities' and 'future medical expenses' remain unaltered. 11. 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 5,16,688 7,38,126 2. Loss of income during laid up period 41,000 41,000 3. Conveyance charges 5,000 5,000 4. Pain and sufferings 75,000 75,000 5. Medical bills 1,06,479 1,06,479 6. Food nourishment, attendant charges and loss of amenities 25,000 25,000 7. Future medical expenses 25,000 25,000 8. Loss of amenities - 25,000 Total 7,94,167 10,40,605 12. Thus, the claimant is held entitled to the total compensation of Rs.10,40,605/- as against Rs.7,94,167/-, - 6 - HC-KAR CNR: KAHC010347652022 NC: 2026:KHC:37192 MFA No. 5473 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 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 amount in deposit, if any, shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 59