- 1 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 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.4778 OF 2022(MV-I) BETWEEN: R. SAMPATH NAIK S/O. RAMANAIK, AGED ABOUT 40 YEARS, COOLIE AND AGRICULTURIST, R/O. ALAGHATTA LAMBANIHATTY VILLAGE, HOSADURGA TALUK, NOW R/O. POLICE QUARTERS, HALALKERE TOWN-577 526. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. VINODRAJ. C S/O. CHANDRAPPA, MAJOR, R/O. MARUTHI NAGARA VILLAGE, BALLALSAMUDRA POST, HOSADURGA POST TALUK-577 527, OWNER OF VEHICLE BEARING NO. KA-165/EJ-8325. 2. THE DIVISIONAL MANAGER TATA AIG GENERAL INSURANCE CO. LTD., 2ND FLOOR, JP AND DEVI JAMBUKESHWAR ARCADE, 69 METERS ROAD, BANGALORE-560 052. …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 (BY SRI. S.V. HEGDE MULKHAND, 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 DT.10.03.2022 PASSED IN MVC NO.72/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, HOLALKERE, 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.4,00,400/- awarded by the Tribunal in MVC No.72/2020 dated 10.03.2022, is in appeal. 2. The fact that the accident occurred and the further fact that the claimant sustained 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. Pain and suffering 20,000 2. Medical expenses 93,400 - 3 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 3. Attendant charges 6,000 4. Conveyance charges 5,000 5. Food, diet and nourishment charges 5,000 6. Loss of income during laid up period 14,000 7. Loss of future earning capacity on account of permanent physical disability 2,52,000 8. Loss of amenities and enjoyment of life 5,000 Total 4,00,400 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered Type-II open comminuted fracture of both bone with Gostro-solevs and Tib posterior tear of left leg. 6. Since the Doctor has assessed the permanent disability at 38.5% to the whole body, the Tribunal has assed the disability of the claimant at 10%. Having regard to the nature of the injuries sustained by the claimant and having - 4 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 perused the medical records, I deem it just and appropriate to assess the disability at 13%. 7. As the claimant had failed to produced any cogent document to substantiate that he was earning Rs.25,000/- per month, the Tribunal, as per the chart of Karnataka State Legal Services Authority minimum wages and since the accident had taken place in the year 2019, has rightly assessed the monthly income of the claimant at Rs.14,000/-, which is just and proper. 8. As the claimant was aged 38 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,27,600/- (14,000 x 12 x 15 x 13%) 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.42,000/- (14000 X 3 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- 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. As it is submitted by the learned counsel for the claimant that although the claimant has submitted the cash bills at Exs.P13 and P14, the same has not been considered by the Tribunal, I deem it appropriate to award a sum of Rs.39,558/- in addition to what has been granted by the Tribunal towards 'medical expenses' i.e., Rs.93,400/-. Thus, the claimant is entitled for a sum of Rs.1,32,958/- towards medical expenses. 13. Since the claimant suffered fractural injuries, I deem it just and appropriate to award Rs.20,000/- towards 'future medical expenses'. 14. The sums award under the heads 'attendant charges' 'conveyance charges' and 'food, diet and nourishment charges' remain unaltered. - 6 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 15. 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. Pain and suffering 20,000 50,000 2. Medical expenses 93,400 1,32,958 3. Attendant charges 6,000 6,000 4. Conveyance charges 5,000 5,000 5. Food, diet and nourishment charges 5,000 5,000 6. Loss of income during laid up period 14,000 42,000 7. Loss of future earning capacity on account of permanent physical disability 2,52,000 3,27,600 8. Loss of amenities and enjoyment of life 5,000 25,000 9. Future medical expenses - 20,000 Total 4,00,400 6,13,558 16. Thus, the claimant is held entitled to the total compensation of Rs.6,13,558/- as against Rs.4,00,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010300182022 NC: 2026:KHC:37923 MFA No. 4778 of 2022 17. 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 and as directed by the Tribunal, the same shall be recovered from respondent No.1-owner of offending vehicle. 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.: 15