- 1 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 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.6737 OF 2021(MV-I) BETWEEN: SAGAR S/O KULLEGOWDA @ LAKSHMANEGOWDA AGED ABOUT 27 YEARS R/AT NO. 636, 10TH CROSS SRINIVASAPURA COLONY UTTARAHALLI MAIN ROAD KENGERI BENGALURU PERMANENT R/O MANCHANAHALLI VILLAGE HOSA AGRAHARA HOBLI, K.R NAGAR TALUK MYSURU DIST. …APPELLANT (BY SRI. PAVAN KUMAR Y.N, ADVOCATE) AND: 1. MAHENDRA KANCHAN K B S/O BABU KOTYAN K B AGED IN MAJOR R/AT CHAMNDINAGAR SONDEKOPPA MAIN ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 DASANAPURA HOBLI, KITTANAHALLI POST BENGALURU 2. NATIONAL INSURANCE CO. LTD NOW R/AT GOLDEN HEIGHTS, 4TH FLOOR, NO. 1/2 59TH C CROSS 4TH M BLOCK RAJAJINAGAR BENGALURU-560 010 BY ITS MANAGER …RESPONDENTS (BY SRI. P.B. RAJU, ADVOCATE FOR R2, VIDE ORDER DATED 09/06/2022, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 03.08.2021 PASSED IN MVC NO. 4695/2019 ON THE FILE OF THE MEMBER, MACT-XVI ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU CITY (SCCH-14), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.4,19,400/- 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 20,000 2. Food and Nourishment, conveyance and attendant charges 10,000 3. Medical expenses 1,45,371 4. Loss of income during the period of treatment 10,000 5. Loss of future earnings 2,04,000 6. Loss of amenities 20,000 7. Future Medical expenses 10,000 Total 4,19,371 Rounded off to 4,19,400 - 4 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has suffered from closed lower 1/3rd both bone fracture of right forearm, closed dislocation of 3rd metacarpophalangeal joint of right hand. 6. Since the Doctor has assessed the permanent disability at 48% of right upper limb and 16% to the whole body, having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it just and appropriate to assess the disability at 16% to the whole body. Accordingly, the disability suffered by the claimant would be at 16%. 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/- per month. Since there is no credible documentary evidence to ascertain the actual monthly income, - 5 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 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 2019, would be Rs.14,000/- 8. As the claimant was aged 27 years, the Tribunal has rightly applied a multiplier of '17'. Consequently, the claimant would be entitled to a sum of Rs.4,56,960/- (14,000 x 12 x 17 x 16%) towards 'loss of future income' as against the sum of Rs.2,04,000/-. 9. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.42,000/- (14,000 X 3 months) towards 'loss of income during the laid up period' as against the sum of Rs.10,000/-. 10. 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.20,000/- 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 - 6 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 Rs.30,000/- towards 'loss of amenities', as against the sum of Rs.20,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.1,45,371/- being based on the documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 14. 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. Food and Nourishment, conveyance and attendant charges 10,000 10,000 3. Medical expenses 1,45,371 1,45,371 4. Loss of income during the period of treatment 10,000 42,000 5. Loss of future earnings 2,04,000 4,56,960 - 7 - HC-KAR CNR: KAHC010465842021 NC: 2026:KHC:38074 MFA No. 6737 of 2021 6. Loss of amenities 20,000 30,000 7. Future Medical expenses 10,000 10,000 Total 4,19,371 7,44,331 Rounded off to 4,19,400 15. Thus, the claimant is held entitled to the total compensation of Rs.7,44,331/- as against Rs.4,19,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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 CR List No.: 1 Sl No.: 7