- 1 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 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.5223 OF 2022(MV-I) BETWEEN: MR ANKIT PRASAD S/O BACHA PRASAD AGED ABOUT 32 YEARS R/AT BOYS HOSTEL A I H M AND C T NAGESHWARA NAGENAHALLI, KOTHNUR POST BANGALORE-560077. …APPELLANT (BY SRI. GURUDEV PRASAD K T., ADVOCATE) AND: 1. M/S NATIONAL INSURANCE CO. LTD., MOTOR CLAIMS HUB NO.144, SHUBHARAM COMPLEX M G ROAD, BENGALURU-560001 BY ITS MANAGER. 2. MR SUKESH REDDY S/O M V SIVARAMIREDDY PENTHOUSE, SAIDEEP HERITAGE SAI RAMA TEMPLE ROAD NEW THIPPASANDRA BENGALURU-560075. …RESPONDENTS (BY SRI. HOLEBASAPPA C BETSUR., ADVOCATE FOR R1: V/O DATED: 26.11.2025 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 19.01.2018 Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 PASSED IN MVC NO.3027/2016 ON THE FILE OF THE XV ADDITIONAL SMALL CAUSES JUDGE AND XXIII ACMM, MEMBER, MACT , BENGALURU SCCH-19 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.26,68,000/- 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 1,00,000 2. Medical Expenses 14,68,000 3. Transportation, Nourishment, Conveyance and attendant 15,000 4. Loss of income due to permanent disability 10,20,000 5. Future Medical Expenses 50,000 - 3 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 6. Loss of amenities of life 15,000 Total 26,68,000 4. I have perused the evidence of the Doctors – PW.2 and PW.3 and the Wound Certificate-Ex.P6. The same depicts that the claimant has suffered following injuries: “Head injury, Traumatic frontal depressed fracture and ACF base fracture, left frontal contusion, Interpeduncula blood, Fracture mandible, On trasuerse process, Fracture left capula and clavicle fracture and Contusion abdaman.” 5. PW-2 and PW-3, the Doctors, who treated the injured claimant, in their testimonies, have categorically deposed that the claimant sustained 30% visual disability and 30% neurological and neurobehavioral and cognitive disability due to the accident. Ex.P37 - Neuro Psychological Assessment Report and Exs.P8 to P12 - Discharge Summaries, along with Ex.P34 - C.T. Scan Films, reveal that the injured claimant has sustained both psychological and visual disabilities. Despite the same, the Tribunal has assessed the whole body disability at 20%. In my considered view, the Tribunal is not justified in assessing the - 4 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 whole body disability at 20%. Having regard to the evidence of PW-2 and PW-3 and the medical records referred to supra, I am of the considered view that the whole body disability suffered by the injured claimant ought to be assessed at 30% instead of 20%. 6. The Tribunal has also erred in not considering the future prospectus since the disability is fixed at more than 20%. However, the Tribunal has rightly taken the income of the claimant at Rs.25,000/- per month. 7. Since the claimant was aged about 26 years and has 30% disability to the whole body, 40% requires to be added to the monthly income towards future prospects, which would result in the income to be Rs.35,000/-. 8. As the claimant was aged 26 years, a multiplier of '17 ' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.21,42,000/- (Rs.35,000 x 12 x 17 x 30 %) towards 'loss of future income'. 9. The Tribunal has erred in not granting any compensation under the head of 'loss of income during the laid-up period’. - 5 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 Having regard to the nature of injuries suggests that the claimant must have been under rest for a considerable period. Therefore, the claimant would be entitled to a sum of Rs.75,000/- (Rs.25,000/- × 3 months). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,25,000/- towards 'pain and suffering' as against Rs.1,00,000/- 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.50,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 12. 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.50,000/- as against the sum of Rs.15,000/- awarded by the Tribunal. 13. The compensation of Rs.14,68,000/- awarded by the Tribunal under head of ‘medical expenses’ and Rs.50,000/- - 6 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 awarded under the head of ‘future medical expenses’ remain unaltered as the same are proper and adequate. 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 sufferings 1,00,000 1,25,000 2. Medical Expenses 14,68,000 14,68,000 3. Transportation, Nourishment, Conveyance and attendant 15,000 50,000 4. Loss of income due to permanent disability 10,20,000 21,42,000 5. Future Medical Expenses 50,000 50,000 6. Loss of amenities of life 15,000 50,000 7. Loss of income during the laid up period - 75,000 Total 26,68,000 39,60,000 15. Thus, the claimant is held entitled to the total compensation of Rs.39,60,000/- as against Rs.26,68,000/-. - 7 - HC-KAR CNR: KAHC010332422022 NC: 2026:KHC:36741 MFA No. 5223 of 2022 However, the enhanced compensation shall carry interest at the rate of 6% per annum. 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 excluding interest for the compensation awarded under the head of 'future medical expenses'. 17. In view of the order dated 17.07.2026 passed by this Court, the claimant is not entitled for interest for the delayed period of 838 days in filing the appeal. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE HA LIST NO.: 1 SL NO.: 21