- 1 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5991 OF 2022(MV-I) BETWEEN: KEMPAIAH AGE: 52 YEARS S/O RANGAIAH R/AT BARASIDLAHALLI VILLAGE KANDIKERE HOBLI C N HALLI TALUK 572214 TUMAKURU DISTRICT NOW R/AT C/O NARASIMHARAJU C R CHIKKAKODATHAKALLU VILLAGE KORA HOBLI TUMAKURU TALUK TUMKURU DISTRICT-572104. …APPELLANT (BY SRI. PATEL D KARE GOWDA., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO LTD BRANCH OFFICE, 1ST FLOOR JAYADEVA COMPLEX B H ROAD, TUMKURU-572101. 2. CHANDRAIAH S/O SIDDAIAH AGE: 39 YEARS R/O JANEHAR VILLAGE THEERTHAPURA POST KANDIKERE HOBLI , C N HALLI TALUK TUMAKURU DISTRICT-572214. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 3. SHIVASHANKARA R B S/O BASAVARAJAPPA AGED ABOUT 48 YEARS R/O NO 115, REVANNA MATHADA BEEDI C N HALLI TOWN, C N HALLI TALUK TUMAKURU DISTRICT-572214. …RESPONDENTS (BY SMT. Y ARUNA ., ADVOCATE FOR R1: R2 & R3 ARE SERVED AND UNREPRESENTED) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 17.12.2021 PASSED IN MVC NO.1047/2019 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND MEMBER, MACT, TUMAKURU, 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.3,20,250/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute. 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: - 3 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Expenditure for treatment 24,000 2. Loss of income during the laid up period 12,500 3. Loss of future income 2,43,750 4. Future medical expenses 20,000 5. Pain and Sufferings 20,000 Total 3,20,250 4. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: “communited displaced fracture shaft of right femur and fracture of lower 1/3rd of both bones of right leg.” 5. Doctor-PW-2, in his evidence, has stated that the claimant has suffered 44% permanent disability to the right lower limb and 15% disability to the whole body. However, the Tribunal has erred in assessing the whole body disability at 10%. Having regard to the evidence of PW-2, it would be just - 4 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 and appropriate to assess the disability at 1/3rd thereof. Accordingly, the whole body disability suffered by the claimant is assessed at 15%. 6. The Tribunal, considering the chart prepared by the Karnataka State Legal Services Authority, has rightly taken the monthly income of the claimant at Rs.12,500/-, which does not warrant any interference. The Tribunal has further added 25% towards future prospects, thereby assessing the monthly income at Rs.15,625/-, which also does not warrant interference. 7. As the claimant was aged about 47 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,65,625/- (Rs.15,625 x 12 x 13 x 15%) towards 'loss of future income'. 8. 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 months). - 5 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 9. 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. 10. The Tribunal has erred in not awarding any compensation under the head of ‘loss of amenities’. Having regard to the nature of the injuries sustained by the claimant, he would be entitled to a sum of Rs.30,000/- towards ‘loss of amenities’. 11. The Tribunal has erred in not awarding any compensation under the head of 'Conveyance, food and nourishment and attendant charges'. 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.22,000/-. 12. The compensation of Rs.20,000/- awarded by the Tribunal under head of ‘future medical expenses’ and Rs.24,000/- under the head of ‘Expenditure for treatment’ remain unaltered as the same are proper and adequate. - 6 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 13. 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. Expenditure for treatment 24,000 24,000 2. Loss of income during the laid up period 12,500 37,500 3. Loss of future income 2,43,750 3,65,625 4. Future medical expenses 20,000 20,000 5. Pain and Sufferings 20,000 50,000 6. Conveyance, food, nourishment, attendant charges - 22,000 7. Loss of amenities in life - 30,000 Total 3,20,250 5,49,125 14. Thus, the claimant is held entitled to the total compensation of Rs.5,49,125/- as against Rs.3,20,250/-, - 7 - HC-KAR CNR: KAHC010391862022 NC: 2026:KHC:36742 MFA No. 5991 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 15. The Insurance Company is directed to deposit the amount of compensation awarded along with interest at 6% per annum, 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 HA LIST NO.: 1 SL NO.: 23