- 1 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3422 OF 2022(MV-I) BETWEEN: SRI NARASIMHA @ PUTTAPARARHI NARASIMHA REDDY S/O LATE THIPPA REDDY, NOW AGED ABOUT 27 YEARS RESIDING AT NO.9-83, PEDDAMORAVAPALLI VILLAGE, MOLAKALA CHERAVU BURAKAYALAKOTA MANDAL CHITOOR DISTRICT ANDHRA PRADESH …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE) AND: 1. SMT SHEELA CHARLES W/O CHARLES WILLIAM MAJOR BY AGE, RESIDING AT NO. 720, 7TH A MAIN HRBR LAYOUT, BANASAWADI, BENGALURU 560 043 2. NEW INDIA ASSURANCE COMPANY LTD., III PARTY HUB, MAHALAKSHMI CHAMBERS, M.G.ROAD BENGALURU-560 001 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 REP BY ITS MANAGER …RESPONDENTS (BY SRI. C.R. RAVISHANKAR, ADVOCATE FOR R2, VIDE ORDER DATED 03.11.2023, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.10.2021 PASSED IN MVC NO.7353/2017 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13, 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 1. The claimant, being dissatisfied with the global compensation of Rs.40,000/- awarded by the Tribunal in MVC No.7353/2017 dated 29.10.2021, 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. I have perused the evidence of PW.2-Doctor so also Exs.P14 and P15. On careful perusal of Ex.P14-Disability Certificate, the Doctor who treated the injured has assessed the disability at 45%. Further, the discharge summary at Exs.P11 - 3 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 and P15 reveal that the claimant has sustained three injuries, however, those injuries are united. Though PW.2-Doctor has assessed the disability at 62% to the left lower limb and physical disability at 20% to the whole body, the same could not be considered for the reason that he is not the treated Doctor and moreover, he has assessed the disability of the claimant after four years from the date of accident. In such circumstances, I am of the considered view that it is prudent to rely on Exs.P11, P14 and P15 and disability could be assessed at 1/3rd of 45%, which would be 15% to the whole body as per the certificate issued by the Doctor. 4. The Tribunal has not awarded compensation under the head 'loss of future income', since the claimant was minor aged 17 years at the time of accident. The said finding of the Tribunal has to be interfered with in view of the subsequent judgment of the Hon'ble Apex Court in the case of HITESH NAGJIBHAI PATEL Vs. BABABHAI NAGJIBHAI RABARI AND ANOTHER in Civil Appeal No.10278/2025, wherein it is held that the calculation of loss of income necessarily has to be made in a case involving a child having suffered injury or - 4 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 having passed away. Consequently, since the accident was of the year 2014, it would be appropriate to assess the income at Rs.8,500/- as per the chart prepared by Karnataka State Legal Services Authority. Accordingly, applying the multiplier of '18', the claimant would be entitled to a sum of Rs.2,75,400/- (Rs.8,500 x 12 x 18 x 15%) towards 'loss of future income'. 5. Having regard to the injuries suffered and treatment taken by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering,' Rs.25,500/- (Rs.8,500 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. 6. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, I deem it just and appropriate to award a sum of Rs.20,000/- towards ‘nourishment, conveyance attendant charges’. 7. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award a sum of Rs.30,000/- towards 'loss of amenities'. - 5 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 8. The sum awarded as 'medical expenses' at Rs.13,881/-, being based on documentary evidence, is affirmed. 9. 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 this Court (Rs.) 1. Pain and suffering 50,000 2. Loss of future income 2,75,400 3. Loss of amenities 30,000 4. Loss income during laid up period 25,500 5. Food, nourishment and conveyance 20,000 6. Medical expenses 13,881 Total 4,14,781 10. Thus, the claimant is held entitled to the total compensation of Rs.4,14,781/- as against Rs.40,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010189342022 NC: 2026:KHC:42528 MFA No. 3422 of 2022 11. 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. 12. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 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