- 1 - HC-KAR CNR: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 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.8708 OF 2022 (MV-I) BETWEEN: SRI. BHARATH POOJARY, S/O KRISHNA POOJARY, AGED ABOUT 27 YEARS, R/O. MELANDI, NAYAKVADI, GUJJADI VILLAGE, KUNDAPURA TALUK. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI. GANESH, S/O. RAMA, AGED ABOUT 42 YEARS, R/O BAVIKATTE, GANGOLLI VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. 2. THE UNITED INSURANCE CO., LTD., BRANCH OFFICE: SHRI LAXMI NARASIMHA COMPLEX, N.H.66, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 KUNDAPURA, REP BY ITS BRANCH MANAGER. …RESPONDENTS (BY SRI.S.V.HEGDE MULKHAND, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.11.2021 PASSED IN MVC NO.1081/2018 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA). 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.2,18,000/- awarded by the Tribunal in MVC No.1081/2018 vide judgment and award dated 30.11.2021, 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: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 20,000 2. Medical expenses 20,000 3. Loss of income due to disability 1,08,000 4. Loss of income during treatment period 60,000 5. Loss of amenities 10,000 Total 2,18,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body and the same is just and proper and does not call for any interference. 5. The Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 - 4 - HC-KAR CNR: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 6. As the claimant was aged 23 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,05,000/- (Rs.12,500 x 12 x 18 x 15%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.60,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would modified 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.20,000/- awarded by the Tribunal. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.35,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 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.5,000/-. 11. The sum awarded as medical expenses at Rs.20,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Pain and sufferings 20,000 50,000 2. Medical expenses 20,000 20,000 3. Loss of income due to disability 1,08,000 4,05,000 4. Loss of income during treatment period 60,000 37,500 5. Loss of amenities 10,000 35,000 - 6 - HC-KAR CNR: KAHC010591882022 NC: 2026:KHC:36535 MFA No. 8708 of 2022 6. Towards food nourishment and attendant charges - 5,000 Total 2,18,000 5,52,500 13. Thus, the claimant is held entitled to the total compensation of Rs.5,52,500/- as against Rs.2,18,000/-, 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. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 13