- 1 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 3271 OF 2021 (MV-I) BETWEEN: N.S. SUSHANTH SON OF SRI SURENDRA AGED ABOUT 27 YEARS R/AT DODDANAAGARA VILLAGE KASABA HOBLI SAKALESHPURA TALUK PRESENTLY RESIDING AT CHIKKAHASADE VILLAGE AREHALLI HOBLI, BELUR TALUK HASSAN DISTRICT - 573 115 …APPELLANT (BY SRI. SOMASHEKARA K.M., ADVOCATE) AND: 1. G. SHANKAR SON OF SOMA BANGERA MAJOR, CLASS - 1, PWD 3 CONTRACTOR SHAMILL, AMBALAPADY POST UDAPI TALUK AND DISTRICT KARNATAKA - 576 103 (OWNER OF THE VEHICLE BEARING NO. KA-20-MA-7528) 2. UNIVERSAL SOMPO GEN. INS. CO. LTD., CITY TRADE CENTER, 1ST FLOOR OPP: CITY HOSPITAL KADRI, MANGALORE Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 KARNATAKA - 575 003 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2 R1 - SD/-) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.12.2020 PASSED IN MVC NO. 66/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE, MACT, BELURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS MFA, COMING ON FOR ADMISSION, 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.3,36,520/- awarded by the Tribunal in MVC.No.66/2018 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: - 3 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 50,000 2. Loss of future income 1,55,520 3. Medical expenses, future medical expenses, attendant charges, nourishment, & conveyance charges 90,000 5. Loss of income during the laid-up period 16,000 6. Loss of amenities 25,000 Total 3,36,520 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 9% to the whole body, which, in my opinion, does not require any interference. 5. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 2017, would be Rs.11,000/-. - 4 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 6. As the claimant was aged about 25 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,13,840/- (Rs.11,000 x 12 x 18 x 9%) towards 'loss of future income'. 7. Consequently, the amount of Rs.16,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.33,000/- (Rs.11,000 X 3 months) treating the laid up period as three months. 8. 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 and nourishment, as against the sum of Rs.25,000/- awarded by the Tribunal. 9. Having regard to the injuries suffered by the claimant, the medical expenses incurred and the amount spent towards food, nourishment, conveyance and other incidental expenses and the need of future medical expenses, I deem it just and appropriate to award a sum of Rs.1,00,000/- as against Rs.90,000/- awarded by the Tribunl. - 5 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 10. The sum of Rs.50,000/- awarded by the Tribunal towards 'pain and suffering', being just and proper, is affirmed. 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. N o. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and suffering 50,000 50,000 2. Loss of future income 1,55,520 2,13,840 3. Medical expenses, future medical expenses, conveyance and other incidental expenses 90,000 1,00,000 4. Loss of income during the laid up period 16,000 33,000 5. Loss of amenities 25,000 30,000 Total 3,36,520 4,26,840 12. Thus, the claimant is held entitled to the total compensation of Rs.4,26,840/- as against Rs.3,36,520/-. The claimant would be entitled to interest at the rate of 6% per annum from the date of petition till its realization on the enhanced compensation. - 6 - HC-KAR CNR: KAHC010233902021 NC: 2026:KHC:43487 MFA No. 3271 of 2021 13. 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 PKS List No.: 1 Sl No.: 31