- 1 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 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.5763 OF 2021(MV-I) BETWEEN: SMT JAYA W/O. RANGASWAMY, AGED ABOUT 38 YEARS R/AT MUDIGUNDA VILLAGE, NAYAKARA STREET, KOLLEGAL-571 440. CHAMRAJANAGAR DISTRICT. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. JAVEREGOWDA B L S/O LAKKEGOWDA, R/AT HOUSE NO. 148, 2ND CROSS, NINGAIAHNAKERE ROAD, HEBBAL COLONY ROAD, KUMBARAKOPPALU, MYSURU-570 016 2. THE MANAGER, NATIONAL INSURANCE CO DIVISIONAL OFFICE, 100 FEET ROAD, NEAR RAMASWAMY CIRCLE, MYSURU-570 009. …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADVOCATE FOR R2, VIDE ORDER DATED 25/11/2022, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.31.08.2021 PASSED IN MVC NO.921/2018 ON THE FILE OF THE ADDITIONAL SMALL CAUSES AND SENIOR CIVIL JUDGE, MACT, MYSURU, 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.1,76,500/- awarded by the Tribunal, 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: Sl. No. Particulars Amount in (Rs.) 1. Compensation towards pain, shock and sufferings 15,000 2. Compensation towards loss of income during laid up period 14,000 3. Compensation towards attendant charges, extra diet, nourishment and conveyance 4,000 - 3 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 4. Compensation towards loss of amenities 5,000 5. Compensation towards medical expenses 84,500 6. Compensation towards loss of future income 54,000 Total 1,76,500 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 4% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate. The same depicts that the claimant has suffered oblique fracture, mild shaft of tibia. 6. Since the Doctor has assessed the permanent disability at 13% to the right lower limb, the Tribunal has rightly assessed the disability at 1/3rd of the same, which would be 4% to the whole body. Accordingly, the disability suffered by the claimant would be at 4%. 7. The Tribunal has determined the monthly income, notionally at Rs.7,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly - 4 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 8. As the claimant was aged 31 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.96,000/- (12,500 x 12 x 16 x 4%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.14,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500 X 3 months). 10. 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.15,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.25,000/- as against Rs.5,000/- towards ‘loss of amenities’. 12. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries - 5 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 suffered, the claimant would be entitled to a sum of Rs.10,000/- towards ‘nourishment, conveyance attendant charges and extra diet’, as against the sum of Rs.4,000/- awarded by the Tribunal. 13. The sum awarded as ‘medical expenses’ at Rs.84,500/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Compensation towards pain, shock and sufferings 15,000 40,000 2. Compensation towards loss of income during laid up period 14,000 37,500 3. Compensation towards attendant charges, extra diet, nourishment and conveyance 4,000 10,000 4. Compensation towards loss of amenities 5,000 25,000 5. Compensation towards medical expenses 84,500 84,500 - 6 - HC-KAR CNR: KAHC010419552021 NC: 2026:KHC:37194 MFA No. 5763 of 2021 6. Compensation towards loss of future income 54,000 96,000 Total 1,76,500 2,93,000 15. Thus, the claimant is held entitled to the total compensation of Rs.2,93,000/- as against Rs.1,76,500/-, 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. The amount in deposit, if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 50