- 1 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5732 OF 2022 (MV-I) BETWEEN: CHANDRA SHEKARA V. SHETTY, AGED ABOUT 32 YEARS, S/O K.KORAGA SHETTY, R/AT. VANTIMARU, TENKAMIJARU VILLAGE, ASHWATHAPURA, MANGALORE TALUK. PRESENTLY RESIDING C/O DEJU SHETTY, KUPPABETTU DARKAS, GUNDYADKA, KUKKUNDOOR VILLAGE, KARKALA TAUK, UDUPI DISTRICT. …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H., ADVOCATE) AND: 1. YASHODHARA MOOLYA, AGED ABOUT 39 YEARS, S/O LATE ANNI MOOLYA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 R/AT THAMBADI HOUSE, MIJARU POST, TENKAMIJARU VILLAGE, MANGALORE TALUK. 2. THE BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD., KARKALA BRANCH, PB NO.29, 2ND FLOOR, SUSHILA SANJIV ENCLAVE, NEAR KARNATAKA BANK, MARKET ROAD, KARKALA, UDUPI DISTRICT. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; V/O/D 15.07.2026, NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2021 PASSED IN MVC NO.976/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ACJM , KARKALA, UDUPI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.5,11,808/- awarded by the Tribunal in MVC No.976/2020 vide judgment and award dated 02.11.2021, 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 pain and sufferings 1,25,000 2. Towards Conveyance, Attendant charges and nourishing food 25,000 3. Towards loss of income during laid up period 48,000 4. Loss of future income 1,84,320 5. Medical expenses 94,488 - 4 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 6. Future medical expenses 35,000 Total 5,11,808 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body, the same is just and proper and does not requires any modification. 5. The Tribunal has determined the monthly income, notionally at Rs.12,000/-. 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/-. 6. As the claimant was aged 28 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,04,000/- (Rs.12,500 x 12 x 17 x 8%) towards 'loss of future income'. - 5 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 7. As a consequence, the amount of Rs.48,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.50,000/- (12,500 X 4). 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities. 9. The sum of Rs.94,488/- awarded towards medical expenses, being based on documentary evidence, is affirmed. 10. The sums awarded under other heads of compensation granted by the Tribunal, remains 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 As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Towards pain and sufferings 1,25,000 1,25,000 2. Towards Conveyance, 25,000 25,000 - 6 - HC-KAR CNR: KAHC010369522022 NC: 2026:KHC:36526 MFA No. 5732 of 2022 Attendant charges and nourishing food 3. Towards loss of income during laid up period 48,000 50,000 4. Loss of future income 1,84,320 2,04,000 5. Medical expenses 94,488 94,488 6. Future medical expenses 35,000 35,000 7. Loss of amenities - 50,000 5. Total 5,11,808 5,83,488 12. Thus, the claimant is held entitled to the total compensation of Rs.5,83,488/- as against Rs.5,11,808/-. The enhanced compensation shall carry interest at the rate of 6% per annum. 13. 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.: 7