- 1 - HC-KAR CNR: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3961 OF 2021(MV-I) BETWEEN: SRI RAGHAVENDRA S/O VENKATAPPA AGED ABOUT 36 YEARS, R/AT NO.PALABHOVIDODDI VILLAGE, KASABA HOBLI RAMANAGARA TALUK & DISTRICT-562 159 …APPELLANT (BY SRI. RAJU S, ADVOCATE) AND: 1. SHIVARAJU S/O PUTTAIAH SINCE DEAD BY HIS LRS SMT ASHA W/O LATE SHIVARAJU AGED ABOUT 38 YEARS 2. MASTER DEEKSHITH S/O LATE SHIVARAJU AGED ABOUT 21 YEARS 3. KUMARI NISARGA D/O LATE SHIVARAJU AGED ABOUT 19 YEARS ALL ARE R/AT WARD NO.3 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 GANDHINAGAR, RAMANAGAR TOWN & DISTRICT 4. HDFC ERGO GENERAL INSURANCE COMPANY LTD., 2ND FLOOR SHANKAR NARAYANA BUILDING M G ROAD, BANGALORE REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R4, NOTICE R1, R2 AND R3 ARE SERVED AND REPRESENTED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.04.2021 PASSED IN MVC NO.399/2014 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, ADDITIONAL MACT, RAMANAGARA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, 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.1,58,200/- awarded by the Tribunal in MVC.No.399/2014 vide judgment and award dated 15.04.2021, 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: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and Agony 45,000/- 2. Loss of future income 61,200/- 3. Medical expenses + Food and nourishment and attendant charges 30,000/- 4. Loss of income during the laid-up period 20,000/- 5. Conveyance 2,000/- Total 1,58,200/- 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 6% to the whole body, which, in my opinion, does not require any interference. 5. The Tribunal has determined the monthly income, notionally at Rs.5,000/-. 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: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 Authority, which, for the accident of the year 2014, would be Rs.8,500/-. 6. As the claimant was aged about 30 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,04,040/- (Rs.8,500 x 12 x 17 x 6%) towards 'loss of future income' as against Rs.61,200/- awarded by the Tribunal. 7. Consequently, the amount of Rs.20,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.25,500/- (Rs.8,500 X 3 months) 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 agony' as against Rs.45,000/- awarded by the Tribunal. 9. The Tribunal has not awarded any sums towards 'loss of amenities'. However, having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award Rs.30,000/- towards loss of amenities. - 5 - HC-KAR CNR: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 10. The sum of Rs.2,000/- awarded by the Tribunal towards the 'Conveyance and attendant charges' is affirmed. 11. The sum of Rs.30,000/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 12. 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 agony 45,000 50,000 2. Loss of future income 61,200 1,04,040 3. Medical expenses 30,000 30,000 4. Loss of income during the laid up period 20,000 25,500 5. Conveyance, attendant charges 2,000 2,000 6. Loss of amenities and nourishment - 30,000 Total 1,58,200 2,41,540 13. Thus, the claimant is held entitled to the total compensation of Rs.2,41,540/- as against Rs.1,58,200/-, - 6 - HC-KAR CNR: KAHC010304152021 NC: 2026:KHC:40276 MFA No. 3961 of 2021 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 a period of 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.: 34