- 1 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5382 OF 2022 (MV-I) BETWEEN: SRI. NANJUNDA S/O KRISHNEGOWDA AGED ABOUT 31 YEARS R/A SINGRIGOWDANA KOPPALU VILLAGE TAMMADAHALLI POST BETTADAAPURA HOBLI, PERIYAPATTANA TQ MYSURU DISTRICT-571 108. …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI. SRIKANTAIAH K S/O KAPPANNAIAHA AGED ABOUT 32 YEARS 596, 5TH CROSS, LEELAVATHI LAYOUT, MADDURU, MANDYA DISTRICT-571 401. 2. THE MANAGER UNITED INDIA INSURANCE CO LTD NEW KANTHARAJ URS ROAD BALLAL CIRCLE, MYSURU-570004. …RESPONDENTS (BY SRI.Y.K.SHESHAGIRI RAO, ADVOCATE) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.05.2022 PASSED IN MVC NO.772/2020 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU. 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.11,48,400/- 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. Pain and suffering 50,000 2. Medical expenses 6,95,000 3. Loss of future income 2,78,400 4. Future medical expenses 50,000 - 3 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 5. Food and Nourishment 25,000 6. Attendant and traveling expenses 25,000 7. Loss of amenities 25,000 Total 11,48,400 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and Exs.P.20 and P.21 the claimant has sustained overall 41% disability. Further the disability is assessed as follows: Understanding and communication 33% Getting Around 35% Self care 31% Getting - along with people 20% Life Activities 66% Participation in Society 59% Overall Disability 41% 6. Perusing the above stated assessment of disability , I am of the view that, Tribunal has erred by considering only 10% - 4 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 disability and the same has to be assessed at 21% as against 10%. Accordingly, the disability suffered by the claimant would be at 21% . 7. The Tribunal has determined the monthly income, notionally at Rs.14,500/-. As the income considered is just and proper, the same is unaltered. Since the disability is at the rate of 21%, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of Sidram vs. United India 2023 (3) SCC 439, the future prospectus of 40% is added to the income. Hence, the income would be at Rs.20,300/- (14,500 + 40%). 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.8,18,496/- (20,300 x 12 x 16 x 21%) towards 'loss of future income'. 9. The Tribunal has not awarded any amount towards 'loss of income during the laid up period'. Having regard to the injuries suffered and the treatment taken by the claimant, it - 5 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 would be just and appropriate to award a sum of Rs.43,500/- (14,500 X 3) considering the laid up period as three months. 10. 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. 11. 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. 12. The sum awarded as medical expenses at Rs.6,95,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and suffering 50,000 1,00,000 2. Medical expenses 6,95,000 6,95,000 3. Loss of future income 2,78,400 8,18,496 4. Future medical expenses 50,000 50,000 5. Food and Nourishment 25,000 25,000 6. Attendant and traveling expenses 25,000 25,000 7. Loss of amenities 25,000 40,000 8. Loss of income during laid up period - 43,500 Sub Total 11,48,400 17,96,996 Less 50% contributory negligence 5,74,200 8,98,498 Total 5,74,200 8,98,498 15. Though the claimant has challenged the finding of the Tribunal attributing 50% contributory negligence on him, a perusal of Ex.P6–spot sketch clearly reveals that the claimant had also equally contributed to the occurrence of the accident. - 7 - HC-KAR NC: 2026:KHC:35656 MFA No. 5382 of 2022 Therefore, the finding of the Tribunal fixing 50% contributory negligence does not warrant interference. 16. Thus, the claimant is held entitled to the total compensation of Rs.8,98,498/- as against Rs.11,48,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 17. 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. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 16