- 1 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3130 OF 2022 (MV-I) BETWEEN: 1. A R MURTHY S/O RANGAPPA AGED 42 YEARS AGRICULTURIST R/O GOWRIPURA VILLAGE JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. G H HEMANTHARAJA S/O DODDA SATHYAPPA 50 YEARS DRIVER OF MOTOR CYCLE BEARING NO.KA-17/X-3880 R/O GOWRIPURA VILLAGE JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 2. NAGAMMA W/O LATE VEERAPPA AGED 60 YEARS 3. RAJAPPA S/O LATE VEERAPPA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 AGED 36 YEARS 4. SANTHOSH S/O LATE VEERAPPA AGED 27 YEARS RESPONDENTS NO.2 TO 4 ARE R/O KENCHENAHALLI VILLAGE JAGALUR TALUK - 577 528 DAVANAGERE DISTRICT 5. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE, MELAGIRI PLAZA, OPP. DENTAL COLLEGE MCC B BLOCK DAVANAGERE - 577 001 6. THE LEGAL MANAGER THE NEW INDIA ASSURANCE CO LTD., ARCADE COMPLEX C G HOSPITAL ROAD NEAR VIDYARTHI BHAVAN DAVANAGERE - 577 001 …RESPONDENTS (BY SRI. E I SANMATHI, ADVOCATE FOR R5; SRI. K NAGARAJAIAH, ADVOCATE FOR R6; NOTICE TO R1 TO R4 - DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 11.11.2021 PASSED IN MVC NO.487/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT-V, ITINERARY COURT, JAGALUR, 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: - 3 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,12,800/- awarded by the Tribunal, 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. Loss of future earnings 1,72,800 2. Pain and sufferings 10,000 3. Food and nourishment 10,000 4. Special diet 10,000 5. Travel allowance 10,000 Total 2,12,800 - 4 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 16% to the whole body. 5. The Tribunal has determined the monthly income, notionally at Rs.6,000/- per month. 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 2013, would be Rs.8,000/- 6. As the claimant was aged 38 years, the Tribunal has rightly applied a multiplier of '15'. Consequently, the claimant would be entitled to a sum of Rs.2,30,400/- (8,000 x 12 x 15 x 16%) towards 'loss of future income' as against the sum of Rs.1,72,800/-. 7. Having regard to the nature of injuries suffered by the claimant, I deem it just and appropriate to award sum of Rs.24,000/- (8,000 X 3 months) towards 'loss of income during the laid up period'. - 5 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.10,000/- awarded by the Tribunal. 9. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award sum of Rs.25,000/- towards 'loss of amenities'. 10. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 11. 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. Loss of future earnings 1,72,800 2,30,400 2. Pain and sufferings 10,000 40,000 3. Food and nourishment 10,000 10,000 4. Special diet 10,000 10,000 - 6 - HC-KAR CNR: KAHC010166722022 NC: 2026:KHC:39316 MFA No. 3130 of 2022 5. Travel allowance 10,000 10,000 6. Loss of income during laid up period --- 24,000 7. Loss of amenities --- 25,000 Total 2,12,800 3,49,400 12. Thus, the claimant is held entitled to the total compensation of Rs.3,49,400/- as against Rs.2,12,800/-. The enhanced compensation shall carry 6% interest per annum from the date of petition till its realization. 13. The Insurance Companies - respondent Nos.5 and 6 are directed to deposit the amount of compensation awarded equally 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 CR List No.: 1 Sl No.: 17