- 1 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 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.3294 OF 2022 (MV-I) BETWEEN: CHIKKEGOWDA, S/O LATE VENAKATEGOWDA, AGED ABOUT 59 YEARS, R/AT ANUGANALU VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 573 201. …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. VINODA H.V., S/O VEERABADHARA C.R. MAJOR, CHANANPATNA, 1ST CROSS, NEAR ARALIMARA, H.N.PURA ROAD, HASSAN DIST 573 201. 2. THE MANAGER, NATIONAL INSURANCE CO., LTD., DIVISONAL OFFICER, MANJUNATHA COMPLEX, OLD BUS ROAD, HASSAN 573 201. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.11.2021 PASSED IN MVC NO.106/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT, HASSAN. 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.2,14,630/- 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. Towards loss of earning capacity 59,400 2. Towards pain and suffering 25,000 3. Towards conveyance charges 5,000 - 3 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 4. Towards attendant charges 1,500 5. Medical expenses 73,724 6. Towards future medical expenses 45,000 7. Towards Nourishment and diet charges 5,000 Total 2,14,624 Rounded off to 2,14,630 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 5% to whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate at Ex.P5. The same depicts that the claimant has suffered fracture of Tibia and Fibula of left leg and one laceration wound on left knee. 6. Since the Doctor has assessed the disability at 30% to the particular limb, 1/3rd of it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 10%. - 4 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 2017, would be Rs.11,000/-. 8. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,45,200/- (11,000 x 12 x 11 x 10%) 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 would be just and appropriate to award a sum of Rs.33,000/- (11,000 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.40,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. - 5 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 11. The Tribunal has not awarded any amount towards 'loss of amenities. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.25,000/- towards 'loss of amenities'. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, nourishment and diet charges and attendant charges' at Rs.25,000/- as against the sum of Rs.11,500/- awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.73,724/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 15. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Towards loss of earning capacity 59,400 1,45,200 2. Towards pain and suffering 25,000 40,000 3. Towards conveyance, Nourishment and diet charges and attendant charges 11,500 25,000 4. Medical expenses 73,724 73,734 5. Towards future medical expenses 45,000 45,000 6. Towards loss of amenities - 25,000 7. Towards loss of income during laid up period - 33,000 Total 2,14,624 3,86,924 16. Thus, the claimant is held entitled to the total compensation of Rs.3,86,924/- as against Rs.2,14,624/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:35652 MFA No. 3294 of 2022 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.: 13