- 1 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5185 OF 2021 (MV-I) BETWEEN: SRI.M.GOVINDA RAJU, S/O LATE MUNISWAMY, AGED ABOUT 55 YEARS, NO.2113, 5TH CROSS, PRASHANTHA NAGAR, DASARAHALLI PIPE LINE, BANGALORE CITY, KARNATAKA. …APPELLANT (BY SRI. LEELAVATHI Y.N., ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE CO. LTD., NO.2361, 1ST FLOOR, 17TH B CROSS, 3RD STAGE, NEW TOWN, YELAHANKA, BENGALURU 560 064 POLICY NO.0722813117 P 110632885. 2. SRI. SATYAJIT PARIJA, S/O BIOWAJIT PARIJA, NO.634 TYPE II, DODDABALLAPURA ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 C.C.CRPE CAMPUS, YELAHANKA, BENGALURU 560 064. …RESPONDENTS (BY SRI.BENNI RAVISH CHANDRASHEKAR, ADVOCATE) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.01.2020 PASSED IN MVC NO.4313/2018 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, BENGALURU, (SCCH-16). 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.2,65,200/- awarded by the Tribunal in MVC No.4313/2018 vide judgment and award dated 23.01.2020, 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: - 3 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 80,000 2. Attendant charges, extra nutritious food and conveyance expenses 31,000 3. Medical expenses 3,645 4. Physical disablement 1,00,000 5. Loss of future amenities and happiness 60,000 6. Future medical expenses 20,000 Total 2,94,645 Less 10% contributory negligence 29,464 Total Rs.2,65,180.5/- rounded off to 2,65,200 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. Since the Doctor has assessed the disability at 36.18% to the whole body, 1/3rd of it would be just and appropriate to consider the disability which comes to round of 13%. Accordingly, the disability suffered by the claimant would be at 13%. - 4 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 6. The Tribunal, despite considering the evidence of P.W.2 - the Doctor and the disability certificate, failed to award any compensation towards loss of future income. The Tribunal proceeded on the premise that the claimant had failed to produce any documentary evidence, such as the attendance register, to establish that he had discontinued his employment on account of the accidental injuries, and consequently drew an adverse inference that he had continued in service even after the accident. However, the said finding cannot be sustained. The Insurance Company has also failed to produce any material to establish that the claimant continued in employment after the accident. Further, the disability certificate and Ex.P8 - discharge summary disclose that the claimant remained as an inpatient for 30 days and suffered permanent disability of 36.18% to the whole body. The very fact that the Tribunal has awarded a sum of Rs.1,00,000/- towards physical disability clearly establishes that the claimant had suffered permanent disability on account of the injuries sustained in the accident. The evidence on record further reveals that the claimant was working as a welder and an auto driver. Having regard to the - 5 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 nature of his avocation and the permanent disability suffered by him, it is evident that the injuries would adversely affect his earning capacity and result in loss of future income. In the circumstances, the finding of the Tribunal declining compensation under the head of 'loss of future income' deserves to be modified, and the claimant is held entitled to compensation under the said head. 7. 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 Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 8. As the claimant was aged 53 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,14,500/- (12,500 x 12 x 11 x 13%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.5,888/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500 X 3). - 6 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.80,000/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.3,645/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 13. Contributory negligence of 10% fixed on the claimant does not require any interference. 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 80,000 1,00,000 - 7 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 2. Attendant charges, extra nutritious food and conveyance expenses 31,000 31,000 3. Medical expenses 3,645 3,645 4. Towards loss of future income - 2,14,500 5. Loss of future amenities and happiness 60,000 60,000 6. Future medical expenses 20,000 20,000 7. Towards loss of income during laid up period - 37,500 Sub Total 4,66,645 Less 10% contributory negligence 46,664 Total 2,94,645 4,19,980 15. Thus, the claimant is held entitled to the total compensation of Rs.4,19,980/- as against Rs.2,94,645/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Tribunal has erred while awarding interest to the compensation. As per the law laid down by Division Bench of this Court in MFA No.5896/2018 the rate of interest to be - 8 - HC-KAR CNR: KAHC010286312020 NC: 2026:KHC:36532 MFA No. 5185 of 2021 awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal. 17. 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.: 6