- 1 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 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.7764 OF 2022(MV-I) BETWEEN: VIJAY KUMAR.R, S/O. RAMAIAH REDDY, AGED ABOUT 55 YEARS, RESIDING AT NO.842, 4TH MAIN, CHOUDESHWARI LAYOUT, MARATHAHALLI, BANGALORE - 560 037. …APPELLANT (BY SRI. SREENIVASAIAH A., ADVOCATE) AND: 1. SELVARAJ C, S/O CHINNARAJ, NO.458, BAHLAPALLI VILLAGE, HOSUR TALUK, KRISHNAGIRI, TAMIL NADU - 635 109. 2. THE MANAGER, ROYAL SUNDARAM GENERAL INSURANCE CO. LTD., Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 NO.186/1, SRI. RAGHAVENDRA PLAZA, HOSUR MAIN ROAD, WILSON GARDEN, BANGALORE - 560 027. …RESPONDENTS (BY SRI. MURALIDHARA N., ADVOCATE FOR R2; NOTICE TO R1 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.04.2022 PASSED IN MVC NO.1043/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-15, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 3 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.8,99,606/- awarded by the Tribunal, is in appeal. 2. The fact that the accident occurred and the 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 sufferings 40,000/- 2. Loss of future income 1,98,000/- 3. Medical expenses 5,91,606/- 4. Future medical expenses 20,000/- 5. Loss of income during the laid up period and Conveyance, food, nourishment, attendant charges 30,000/- 6. Loss of amenities in life 20,000/- Total 8,99,606/- - 4 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body. 5. I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: (i) Fracture Neck of femur + Mid shaft-left - Left proximal Humerus fracture - Contusion over left side of chest bilateral mild pnuemothorax and contusion of right middle lower lobes of lung. (ii) Fracture medial end of the right Clavicle. (iii) Fractures of 1st to 8th rib on left side and 2nd to 5th ribs on right side - compression fracture of the superior end plate of the D3 and D6 vertebral bodies - left pleural effusion and other multiple injuries. 6. The Doctor who treated the injured i.e., PW.3 in his testimony clearly stated that the claimant got disability to left sided limbs and spine at 68%. Further, he placed reliance on wound certificate at Ex.P11 and discharge summary at Ex.P8. - 5 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 Considering the avocation of the claimant that he was the driver of heavy vehicle and he sustained fracture of humerus and femur, the same would definitely affect his avocation of driving. In such circumstance, the Tribunal was not justified in considering the disability at 15% to the whole body. In my considered view, the same disability could be assessed at 23% i.e., 1/3rd of the disability assessed by the Doctor for a particular limb. Accordingly, disability is assessed at 23%. 7. The Tribunal has taken the income of the injured at Rs.10,000/- per month despite claimant placing his driving licence and adducing the evidence that he was the driver of three wheeler cab, transport vehicle and PSV Bus. On careful perusal of the licence produced by the claimant at Ex.P7, the said driving licence was valid till 09.08.2020 that is as on the date of accident, the licence was in force. Further, on perusal of the evidence of the claimant, it is clearly established before the Tribunal that the claimant was engaged in driving work. Further, on perusal of evidence of Doctor-PW.3 and wound certificate at Ex.P11, the claimant has sustained disability of his left limbs and spine at 68%. As such, the fractures sustained - 6 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 by the claimant particularly humerus and femur, definitely would affect the occupation of the claimant, who is a driver. In such circumstance, I am of the view that the Tribunal was not justified in taking into consideration the income of the claimant at Rs.10,000/- per month. Since the injured was having valid driving licence to drive the PSV Bus and transport vehicle, his income has to be assessed at Rs.15,000/- per month, though it is submitted that the claimant was earning a sum of Rs.30,000/- per month. Accordingly, the income of the claimant is determined at Rs.15,000/- per month and 10% requires to be added to the said income towards future prospects, since the disability is now assessed at 23%. 8. As the claimant was aged 51 years as on the date of accident, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,00,940/- (15,000 + 10% = 16,500 x 12 x 11 x 23%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.30,000/- awarded by the Tribunal towards 'loss of income during the laid up - 7 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 period' would also stand enhanced to Rs.45,000/- (15,000x3) treating the laid up period as three months. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal. 11. 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.20,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.11,000/-. 13. The compensation awarded by the Tribunal under the heads 'medical expenses' and 'future medical expenses' are just and appropriate, the same is confirmed. - 8 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 14. 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 40,000/- 60,000/- 2. Loss of future income 1,98,000/- 5,00,940/- 3. Medical expenses 5,91,606/- 5,91,606/- 4. Future medical expenses 20,000/- 20,000/- Loss of income during the laid up period and Conveyance, food, nourishment, attendant charges 30,000/- - 5. Loss of income during laid up period - 45,000/- 6. Conveyance, food, nourishment, attendant charges - 11,000/- 7. Loss of amenities in life 20,000/- 35,000/- Total 8,99,606/- 12,63,546/- - 9 - HC-KAR CNR: KAHC010526412022 NC: 2026:KHC:40154 MFA No. 7764 of 2022 15. Thus, the claimant is held entitled to the total compensation of Rs.12,63,546/- as against Rs.8,99,606/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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 SMJ List No.: 1 Sl No.: 16