- 1 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5075 OF 2022(MV-I) BETWEEN: SRI. RENUKA. D. B. S/O BASAVARAJU AGED ABOUT 22 YEARS RESIDING AT DHARMEGOWDANAPALYA VILLAGE NELLIKERE POST NONAVINAKERE HOBLI, TIPTUR TALUK TUMKUR DISTRICT …APPELLANT (BY SRI. SUSHMITHA G, ADVOCATE) AND: 1. KUMARA @ KUMARAIAH S/O ERAIAH AGED ABOUT 45 YEARS R/AT ADALAGERE AT POST NITTUR HOBLI, GUBBI TALUK TUMKUR DISTRICT-572 223 2. RELIANCE GENERAL INSURANCE COMPANY LTD., REGIONAL OFFICE AT 1ST FLOOR, KRUTHIKA ARCADE N.R. CIRCLE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 HOLENARASIPURA ROAD, HASSAN DISTRICT PIN CODE:573 211 REP BY ITS MANAGER …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.10.2021 PASSED IN MVC NO. 758/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR, PARTLY ALLOWING THE CLAIM 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.4,17,240/- awarded by the Tribunal in MVC No.758/2019 dated 21.10.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the claimant suffered injuries in the said accident is not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and Suffering 1,00,000 2. Loss of amenities 50,000 3. Medical expenses 65,800 4. Loss of future earning 1,81,440 5. Future medical expenses 20,000 Total 4,17,240 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 12% to the whole body. 5. I have perused the evidence of PW.2-Doctor and wound certificate. The same depict that the claimant has sustained multiple abrasions over both knee joints, deformity swelling over the right thigh. 6. Since the Doctor has assessed the permanent disability at 48% to the particular limb and 16% to the whole body, the Tribunal has assessed the disability at 12% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3rd - 4 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 of the same, which would be 16%. Accordingly, the disability suffered by the claimant would be at 16%. 7. The Tribunal has determined the monthly income of the claimant 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 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 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,32,000/- (12,500 X 12 X 18 X 16%) towards 'loss of future income'. 9. Since the Tribunal has awarded Rs.1,00,000/- towards 'pain and suffering', I am of the considered view that the said sum includes 'pain and suffering' and 'loss of income during laid up period'. 10. The sums awarded under the head 'loss of amenities', medical expenses, food and nourishment, attendant - 5 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 and other incidental charges' and future medical expenses' by the Tribunal, 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 Amount in (Rs.) 1. Pain and suffering 62,500 2. Loss of income during laid up period 37,500 3. Loss of amenities 50,000 4. Medical expenses, food and nourishment, attendant and other incidental charges 65,000 5. Loss of future earning 4,32,000 6. Future medical expenses 20,000 Total 6,67,800 12. Thus, the claimant is held entitled for enhanced compensation of Rs.2,50,560/- along with interest at the rate of 6% per annum on the said amount. 13. The Insurance Company is directed to deposit the amount of compensation awarded within a period of six weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR CNR: KAHC010322362022 NC: 2026:KHC:37918 MFA No. 5075 of 2022 14. The amount in deposit, if any, shall be transmitted to the Tribunal for disbursement in terms of the award. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 29