- 1 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7288 OF 2022(MV-I) BETWEEN: MANJESHA S/O NAGANNA, AGED ABOUT 40 YEARS, R/AT BADANAVALU VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-571 301 …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. UMESHA S/O MAHADEVAPPA, AGED ABOUT 40 YEARS, R/AT BASVATTIGE VILLAGE, NANJANGUD TALUK, MYSURU DISTRICT-571 301 2. THE NATIONAL INSURANCE CO LTD NO.656/C, 1ST FLOOR, 17TH MAIN, 6TH CROSS, SARASWATHIPURAM, MYSURU-5700 09 …RESPONDENTS (BY SRI. A.M VENKATESH, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.11.2021 PASSED IN MVC NO. 1144/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MACT, NANJANGUD, 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.8,68,033/- 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. Future loss of income due to disability 4,60,800 2. Pain and sufferings 40,000 - 3 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 3. Medical expenses 2,94,303 4. Future medical expenses 30,000 5. Incidental charges 8,000 6. Loss of income during hospitalization 27,930 7. Loss of amenities and expectations 5,000 8. Conveyance 2,000 Total 8,68,033 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 30% to the whole body. Having regard to the medical evidence, I am of the view that 30% disability is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.8,000/- per month. 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 - 4 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 6. Since the claimant has suffered 30% disability and is aged about 32 years, 40% future prospects requires to be added to the said income, which would be Rs.15,400/- (11,000/- + 40%). Thus, the income of the claimant would be Rs.15,400/-. 7. As the claimant was aged 32 years, the Tribunal has rightly applied a multiplier of '16'. Consequently, the claimant would be entitled to a sum of Rs.8,87,040/- (15,400 x 12 x 16 x 30%) towards 'loss of future income' as against the sum of Rs.4,60,800/-. 8. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.33,000/- (11,000 X 3 months) towards 'loss of income during the laid up period' as against the sum of Rs.27,930/-. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- - 5 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal. 10. Having regard to the length of stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.15,000/- towards 'incidental charges' as against Rs.8,000/- 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.30,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.2,94,303/- 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: - 6 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Future loss of income due to disability 4,60,800 8,87,040 2. Pain and sufferings 40,000 50,000 3. Medical expenses 2,94,303 2,94,303 4. Future medical expenses 30,000 30,000 5. Incidental charges 8,000 15,000 6. Loss of income during hospitalization 27,930 33,000 7. Loss of amenities and expectations 5,000 30,000 8. Conveyance 2,000 2,000 Total 8,68,033 13,41,343 15. Thus, the claimant is held entitled to the total compensation of Rs.13,41,343/- as against Rs.8,68,033/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010489412022 NC: 2026:KHC:37510 MFA No. 7288 of 2022 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.: 22