- 1 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 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.2218 OF 2021 (MV-I) BETWEEN: SMT. K.DHANALAKSHMI @ DHANALAKSHMI AGED 42 YEARS, R/AT BOMMANAHALLI VILLAGE, ARALIKERE POST, KASABA HOBLI, TURUVELERE TALUK, TUMAKURU DISTRICT, TEMPORARY ADDRESS C/O. MANJUNATH, S/O. LATE KABBALAIAH, MAHARAJAKATTE, KANAKAPURA TOWN, RAMANAGARA DISTRICT-562 119. …APPELLANT (BY SRI.GIRIMALLAIAH, ADVOCATE) AND: 1. DILIP KUMAR S/O. SRI. MAHAVIR PRASA, MAJOR, R/AT HOUSE NO.6291, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 MOH-CHIPATWARI REWARI WARD NO.07, HARAYANA-123 401. 2. M/S. UNITED INDIA INSURANCE CO., LTD., REP BY ITS MANAGER, M.T. CLAIMS HUB, VI FLOOR, KRISHI BHAVAN, HUDSON CIRCLE, BENGALURU-560 001. …RESPONDENTS (BY SRI.JWALA KUMAR, 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 29.12.2020 PASSED IN MVC NO.540/2018 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, RAMANAGARA TO SIT AT KANAKAPURA AND MACT, KANAKAPURA. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.3,30,203/- awarded by the Tribunal in MVC No.540/2018 vide judgment and award dated 29.12.2020, 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 25,000 2. Reimbursement of Medical bill amount 1,38,803 3. Loss of expectancy of future life 25,000 4. Loss of future income 86,400 5. Food, Transportation and Nourishment charges 10,000 - 4 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 6. Further future expenditure of medical expenses for removal of implants 45,000 Total 3,30,203 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate, I deem it appropriate to take 12% disability to the whole body. 6. The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 Authority, which, for the accident of the year 2018 would be Rs.12,500/-. 7. As the claimant was aged 39 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be - 5 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 entitled to a sum of Rs.2,70,000/- (Rs.12,500 x 12 x 15 x 12%) towards 'loss of future income'. 8. The Tribunal has not awarded any compensation towards 'loss of income during the laid up period' and the same would also stand enhanced to Rs.37,500/- (Rs.12,500 X 3). 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..25,000/- awarded by the Tribunal. 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 11. The sum awarded as medical expenses at Rs.1,38,803/-, 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. - 6 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 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. Pain and suffering 25,000 50,000 2. Reimbursement of Medical bill amount 1,38,803 1,38,803 3. Loss of expectancy of future life 25,000 30,000 4. Loss of future income 86,400 2,70,000 5. Food, Transportation and Nourishment charges 10,000 10,000 6. Further future expenditure of medical expenses for removal of implants 45,000 45,000 7. Towards loss of income during laid up period - 37,500 Total 3,30,203 5,81,303 - 7 - HC-KAR CNR: KAHC010151122021 NC: 2026:KHC:36772 MFA No. 2218 of 2021 14. Thus, the claimant is held entitled to the total compensation of Rs.5,81,303/- as against Rs.3,30,203/-, 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 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.: 7