- 1 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3218 OF 2020(MV-I) BETWEEN: GOVINDARAJU S/O KENCHAIAH NOW AGED ABOUT 40 YEARS, R/AT KRISHNA NAGARA KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: SRI LOKESH K.G S/O GOPALAGOWDA K J AGED MAJOR R/AT RAJEGOWDA HOUSE SEETHAVILAS ROAD, HOLENARASIPURA TOWN HASSAN DISTRICT-573 211 …RESPONDENT (VIDE ORDER DATED 10/03/2026, NOTICE TO RESPONDENT (LOKESH K.G) IS HELD SUFFICIENT BY WAY OF PAPER PUBLICATION) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 03.10.2019, PASSED IN MVC NO.497/2015, ON THE FILE OF THE MEMBER, MACT AND SENIOR CIVIL JUDGE, NELAMANGALA, PARTLY ALLOWING THE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 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.2,15,841/- awarded by the Tribunal in MVC No.497/2015 dated 03.10.2019, 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: Sl. No. Particulars Amount in (Rs.) 1. Towards medical expenses 58,841 2. Loss of future income 63,000 3. Towards injury pain and suffering 30,000 4. Towards attendant charges, conveyance and nourishment 20,000 - 3 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 5. Loss of income during laid up period and rest 14,000 6. Towards loss of amenities of life 10,000 7. Future medical expenses 20,000 Total 2,15,841 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 5% 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 type I compound comminuted fracture at right leg and multiple CLWs over foot and ankle of right leg. 6. Since the Doctor has assessed the disability at 37% to the limb and 12% to the whole body, the Tribunal has assessed the disability at 5% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3rd of the same, which would be 12%. Accordingly, the disability suffered by the claimant would be at 12%. - 4 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 7. The Tribunal has determined the monthly income of the claimant, 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 income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2014, would be Rs.8,500/-. 8. As the claimant was aged 40 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,83,600/- (8,500 X 12 X 15 X 12%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal. 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.20,000/- as against Rs.10,000/- towards ‘loss of amenities’. - 5 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 11. Having regard to the treatment taken and having regard to the length of stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.25,500/- towards 'loss of income during the laid up period' (Rs.8,500 X 3 months) as against Rs.14,000/- awarded by the Tribunal. 12. The sums awarded under the heads 'medical expenses’, ‘attendant charges, conveyance and nourishment’, and ‘future medical expenses' by the Tribunal, remain unaltered. 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. Towards medical expenses 58,841 58,841 2. Loss of future income 63,000 1,83,600 3. Towards injury pain and suffering 30,000 50,000 4. Towards attendant charges, conveyance and nourishment 20,000 20,000 5. Loss of income during laid up period and rest 14,000 25,500 - 6 - HC-KAR CNR: KAHC010206942020 NC: 2026:KHC:37928 MFA No. 3218 of 2020 6. Towards loss of amenities of life 10,000 20,000 7. Future medical expenses 20,000 20,000 Total 2,15,841 3,77,941 14. Thus, the claimant is held entitled for enhanced compensation of Rs.1,62,100/- along with interest at the rate of 6% per annum on the said amount. 15. The respondent 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. The amount in deposit, if any, shall be transmitted to the Tribunal for disbursement in terms of the award. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 36