- 1 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 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.3072 OF 2022 (MV-I) BETWEEN: SHRIDHAR POOJARI, AGED ABOUT 51 YEARS, S/O MUDAR POOJARI, R/AT H.NO.4-JM 4, ADAMAR, TENKA YERMAL UDUPI, UDUPI DISTRICT 574119. …APPELLANT (BY SRI. PRATHEEP K.C., ADVOCATE) AND: 1. JUMMA KHAN SHER ALI KHAN PATHAN, AGED ABOUT 48 YEARS, S/O SHER ALI KHAN PATHAN, R/O H.NO. 8-3-27, SARAFA ROAD, ITWARA, N.R.NAGESHWAR MANDIR, RANGARGALLI, NANDED DISTRICT, MAHARASHTRA STATE 67. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 2. THE NEW INDIA ASS. CO. LTD., DIVISIONAL MANAGER, DIVISIONAL OFFICE, SRI. RAM ARCADE, 2ND FLOOR, HEAD POST OFFICE, UDUPI 576101. …RESPONDENTS (BY SRI.Y.K.SHESHAGIRI RAO, 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 12.01.2022 PASSED IN MVC NO.483/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE, ADDITIONAL MACT, UDUPI. 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.4,99,000/- awarded by the Tribunal in MVC No.483/2019 vide judgment and award dated 12.01.2022, 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 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Medical expenses 1,77,285 2. Loss of future earning with reference to the disability 2,96,400 3. Pain and suffering with reference to the injuries 15,000 4. Attendant charges, nourishment food and conveyance charges 10,000 Sub-total 4,98,685 Rounded off to Total 4,99,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 19% to the whole body. In view of the evidence of the Doctor - PW.2 and the wound certificate/disability certificate the said disability taken by the Tribunal is just and proper. 5. The Tribunal has determined the monthly income, notionally at Rs.10,000/-. Since there is no credible - 4 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 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 48 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,70,500/- (Rs.12,500 x 12 x 13 x 19%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.12,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (Rs.12,500 X 3) treating the laid up period as three months. 8. 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.15,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 9. 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. 10. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.15,000/- as against the sum of Rs.10,000/- awarded by the Tribunal. 11. The sum of Rs.1,77,285/- awarded towards medical expenses, being based on documentary evidence, is affirmed. 12. 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. Medical expenses 1,77,285 1,77,285 2. Loss of future earning with reference to the disability 2,96,400 3,70,500 - 6 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 3. Pain and suffering with reference to the injuries 15,000 50,000 4. Attendant charges, nourishment food and conveyance charges 10,000 15,000 5. Loss of income during laid up period - 37,500 6. Loss of amenities - 30,000 Total 4,99,000 6,80,285 13. Thus, the claimant is held entitled to the total compensation of Rs.6,80,285 /- as against Rs.4,99,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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. - 7 - HC-KAR CNR: KAHC010163942022 NC: 2026:KHC:36524 MFA No. 3072 of 2022 In view of the disposal of the appeal, pending I.As., if any, stands disposed of. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 5