- 1 - HC-KAR CNR: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2891 OF 2022(MV-I) BETWEEN: RAMACHANDRAIAH S/O LATE BYATAPPA, AGED ABOUT 54 YEARS, R/O HULIKERE, ARALIKERE POST, KASABA HOBLI, TURUVEKERE TALUK, TUMAKUR DISTRICT, PIN CODE NO.57227 …APPELLANT (BY SRI. B.G VIJAYAKUMARA SWAMY, ADVOCATE) AND: 1. B S VANI W/O THIMMEGOWDA, AGED ABOUT 41 YEARS, R/O HULIKERE, ARALIKERE POST, KASABA HOBLI, TURUVEKERE TALUK, TUMKURU DISTRICT PIN CODE NO.5722 2. THE MANAGER NATIONAL INSURANCE COMPANY LTD. KASUTHRI MANSION, M.G.ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 BEHIND KRISHNA TALKIES, ABOVE CORPORATION OFFICE, TUMKUR 572101 …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 06.04.2021 PASSED IN MVC NO.1037/2015 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, TURUVEKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.3,33,500/- awarded by the Tribunal in MVC No.1037/2015 dated 06.04.2021, is in appeal. 2. The fact that the accident occurred and further fact that the offending vehicle was insured are 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 40,000 - 3 - HC-KAR CNR: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 2. Food, conveyance and nourishment 13,000 3. Attendant charges 9,500 4. Loss of amenities 15,000 5. Loss of income during laid up period 22,500 6. Medical expenses 38,000 7. Future medical expenses 20,000 8. Loss of future earning capacity 1,75,500 Total 3,33,500 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered disability to the extent of 15% to the whole body. Having regard to the injuries suffered by the claimant and having regard to the assessment of disability of the claimant by the Doctor-PW.2 at 65.51% to the left upper limb and 21.83% to the whole body, I deem it just and appropriate to assess the disability at 20%. 5. The Tribunal has determined the monthly income of the claimant, notionally at Rs.7,500/-. 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: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 Authority, which, for the accident of the year 2013, would be Rs.8.000/-. 6. As the claimant was aged 46 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant would be entitled to a sum of Rs.2,49,600/- (8,000 x 12 x 13 x 20%) towards 'loss of future income' as against the sum of Rs.1,75,500/-. 7. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'future medical expenses' would also stand enhanced to Rs.30,000/-. 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.20,000/- as against Rs.15,000/- towards ‘loss of amenities’. 9. As a consequence, the amount of Rs.22,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.24,000/- (8,000 X 3 months), treating the laid up period as three months. - 5 - HC-KAR CNR: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 10. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.18,000/- towards ‘food, nourishment, conveyance charges’, as against the sum of Rs.13,000/- and Rs.14,500/- towards ‘attendant charges’ as against Rs.9,500/- awarded by the Tribunal. 11. The sums awarded as medical expenses at Rs.58,500/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sum awarded under the head pain and suffering’ remain unaltered. 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 40,000 40,000 2. Food, conveyance and 13,000 18,000 - 6 - HC-KAR CNR: KAHC010150742022 NC: 2026:KHC:43137 MFA No. 2891 of 2022 nourishment 3. Attendant charges 9,500 14,500 4. Loss of amenities 15,000 20,000 5. Loss of income during laid up period 22,500 24,000 6. Medical expenses 38,000 38,000 7. Future medical expenses 20,000 30,000 8. Loss of future earning capacity 1,75,500 2,49,600 Total 3,33,500 4,34,100 14. Thus, the claimant is held entitled to the total compensation of Rs.4,34,100/- as against Rs.3,33,500/-, 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. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 11