- 1 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 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.7616 OF 2022 (MV-I) BETWEEN: DEVARAJ @ DEVARAJU, S/O LATE RAJANNA AGED ABOUT 53 YEARS, R/AT NO.68/1, 8TH CROSS, 4TH MAIN ROAD, CHOLURUPALYA, N.R.CHOLORUPALYA N.R.GARDEN, BENGALURU-560023. …APPELLANT (BY SRI. THIPPESWAMY B.C., ADVOCATE) AND: 1. VARSHA KUMAR, MAJOR, S/O VENKATESH, R/AT NO.134, 234 KANAKANAGAR SLUM MARENAHALLI, VIJAYANAGAR, BENGALURU-560040 (R.C. OWNER OF HONDAI CAR BEARING REG NO.KA-02-AH-2759). Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 2. RELIANCE GENERAL INSURANCE CO, LTD., RGIC, NO.28, EAST WING 5TH FLOOR, CENTENARY BUILDING, M.G.ROAD, BENGALURU-560001. (INSURER OF HONDAI CAR BEARING REG NO.KA-02-AH-2759) POLICY NO.14152202330015641 VALID FROM 19-08-2020 TO 18-08-2021) …RESPONDENTS (BY SMT. MALATHI T.N., 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 21.07.2022 PASSED IN MVC NO.4484/2020 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES AND MEMBER, PRINCIPAL MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU (S.C.C.H-1). THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,12,900/- awarded by the Tribunal in MVC No.4484/2020 vide judgment and award dated 21.07.2022, 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 40,000 2. Food, nourishment and attendant charges 8,000 3. Medical expenses 2,300 4. Future medical expenses 25,000 5. Transportation charges 2,000 6. Loss of earning capacity 1,56,600 - 4 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 7. Loss of earning during treatment and laid up period 29,000 8. Loss of amenities in life 50,000 Total 3,12,900 4. The Tribunal, on an 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 PW.2, the Doctor, as well as Ex.P9, Wound Certificate and Ex.P12, Discharge Summary. The Doctor has specifically deposed that the claimant sustained permanent disability to the left lower limb and assessed the disability to the whole body at 14%. In view of the medical evidence on record, it would be just and appropriate to accept the disability at 14%, instead of 10% as assessed by the Tribunal. 6. The claimant has also produced Ex.P14, certificate issued by Wisdom Security Service, his employer, indicating his salary for the months of April, June, and August of the year 2019– 2020. Based on the said documentary evidence, the Tribunal - 5 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 has rightly assessed the claimant's monthly income at Rs.14,500/-. 7. As the claimant was aged 56 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,19,240/- (Rs.14,500 x 12 x 9 x 14%) towards 'loss of future income'. 6. As a consequence, the amount of Rs.29,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.43,500/- (Rs.14,500 X 3) treating the laid up period as three months. 7. 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.40,000/- awarded by the Tribunal. 8. The sum of Rs.2,300/- awarded towards medical expenses, being based on documentary evidence, is affirmed. 9. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 6 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 10. 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 40,000 50,000 2. Food, nourishment and attendant charges 8,000 8,000 3. Medical expenses 2,300 2,300 4. Future medical expenses 25,000 25,000 5. Transportation charges 2,000 2,000 6. Loss of earning capacity 1,56,600 2,19,240 7. Loss of earning during treatment and laid up period 29,000 43,500 8. Loss of amenities in life 50,000 50,000 Total 3,12,900 4,00,040 - 7 - HC-KAR CNR: KAHC010512102022 NC: 2026:KHC:36528 MFA No. 7616 of 2022 11. Thus, the claimant is held entitled to the total compensation of Rs.4,00,040/- as against Rs.3,12,900/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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.: 12