- 1 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 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.7647 OF 2022 (MV-I) BETWEEN: SRI. RAGHAVENDRA, S/O SURYANARAYANA ACHAAR, AGED ABOUT 35 YEARS, R/A HOUSE NO.168, WARD NO.16, RAJKUMAR CITY, HASSAN-573201 …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. PUTTASWAMY, S/O VENKATAIAH, MAJOR, R/A KALLAHALLI VILLAGE, SHETTIHALLY POST, KATTAYA HOBLI, HASSAN TALUK-573201. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 of 2022 2. THE MANAGER, UNITED INDIA INSURANCE CO, LTD., POST BOX NO.108, 2ND FLOOR, VENKATESHA BUILDING, B.M. ROAD, HASSAN-573201. …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 04.04.2022 PASSED IN MVC NO.200/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE, MEMBER, ADDITIONAL MACT, HASSAN. 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.4,33,329/- awarded by the Tribunal in MVC No.200/2021 vide judgment and award dated 04.04.2022, 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: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 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 50,000 2. Medical expenses 79,729 3. Diet, food, nourishment, attendant and conveyance charges 25,000 4. Loss of income during laid up period 39,000 5. Loss of future income 1,99,600 6. Loss of amenities 25,000 7. Future medical expenses 15,000 Total 4,33,329 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. - 4 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 of 2022 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate, I deem it appropriate to take 10% disability to the whole body. 6. The Tribunal has determined the monthly income, notionally at Rs.13,000/-. 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 2020 would be Rs.14,500/-. 7. As the claimant was aged 34 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,78,400/- (Rs.14,500 x 12 x 16 x 10%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.14,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.43,500/- (Rs.14,500 X 3). - 5 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 of 2022 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.25,000/- awarded by the Tribunal. 10. The sum awarded as medical expenses at Rs.79,729/-, being based on documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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 50,000 50,000 2. Medical expenses 79,729 79,729 - 6 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 of 2022 3. Diet, food, nourishment, attendant and conveyance charges 25,000 25,000 4. Loss of income during laid up period 39,000 43,500 5. Loss of future income 1,99,600 2,78,400 6. Loss of amenities 25,000 35,000 7. Future medical expenses 15,000 15,000 Total 4,33,329 5,26,629 13. Thus, the claimant is held entitled to the total compensation of Rs.5,26,629/- as against Rs.4,33,329/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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 awarded shall be 6%. Hence the same is reduced to 6% as against 9% awarded by the Tribunal. - 7 - HC-KAR CNR: KAHC010513502022 NC: 2026:KHC:36774 MFA No. 7647 of 2022 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.: 13