- 1 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 808 OF 2021 (MV-I) BETWEEN: 1. SRI. ADARSH S/O ANAND, AGED ABOUT 19 YEARS, NO.85, 2ND CROSS, MARAMMA TEMPLE ROAD, NEAR E K MART, BANNERUGHATTA ROAD, BENGALURU - 560 076. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD REGIONAL OFFICE, T P HUB KRISHI BHAVAN, 6TH FLOOR, HUDSON CIRCLE, NURUPATHUNGA ROAD, BANGALORE - 560 042 . BY IT'S MANAGER. 2. SANTHOSH N S/O NAGARAJU, MAJOR (AGE NOT KNOWN TO APPELLANT) DOOR NO.29, 3K NO.196/29, NEW MICO LAYOUT, HONGASANDRA, BEGUR VILLAGE, BENGALURU - 560 068. …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 (BY SMT. GEETHA RAJ, ADVOCATE FOR R1; VIDE ORDER DATED:13.07.2022 NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:04.02.2020, PASSED IN MVC NO.2139/2018, ON THE FILE OF THE XXIV ADDITIONAL SMALL CAUSES JUDGE AND ACMM., MEMBER, MACT, BENGALURU (SCCH-26), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.3,39,000/- awarded by the Tribunal in MVC No.2139/2018 dated 04.02.2020, 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: Sl. No. Particulars Amount in (Rs.) 1. Medical and incidental expenses 14,000 2. Loss of earning to the parents 25,000 - 3 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 3. Permanent disability, pain and suffering, loss of amenities in life 3,00,000 Total 3,39,000 4. Since the Doctor has assessed the permanent disability at 20% to the whole body, the Tribunal has assessed the disability at 18%, which is just and proper. 5. 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 incident. However, as the claimant has suffered disability at 18%, as per the judgment of Division Bench of this Court in MASTER MALLIKARJUN Vs. DIVISONAL MANAGER, THE NATIONAL INSURANCE CO., - ILR 2013 KAR 4891, the Tribunal has awarded a sum of Rs.3,00,000/- as compensation towards disability. 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 having passed away. Consequently, since the accident was of - 4 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 the year 2018, it would be appropriate to assess the income at Rs.12,500/- 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.4,86,000/- (Rs.12,500 x 12 x 18 x 18%) towards 'loss of future income' as against Rs.3,00,000/- awarded by the Tribunal towards disability. 6. Having regard to the injuries suffered and treatment taken by the claimant, I deem it just and appropriate to award a sum of Rs.40,000/- towards 'pain and suffering,' Rs.37,500/- (Rs.12,500 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. 7. 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.10,000/- towards ‘nourishment, conveyance attendant charges’, - 5 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 8. 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'. 9. Since the claimant requires surgery for removal of implant, I deem it appropriate to award Rs.10,000/- towards 'future medical expenses'. 10. The sum awarded as 'medical expenses' at Rs.14,261/-, being based on documentary evidence, is affirmed. 11. 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 40,000 2. Loss of future income due to disability 4,86,000 3. Loss of amenities 30,000 4. Loss income during laid up period 37,500 5. Food, nourishment and conveyance 10,000 - 6 - HC-KAR CNR: KAHC010402022020 NC: 2026:KHC:39392 MFA No. 808 of 2021 6. Medical expenses 14,261 7. Future medical expenses 10,000 Total 6,21,761 12. Thus, the claimant is held entitled to the total compensation of Rs.6,21,761/- as against Rs.3,39,000/-. However, the enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 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. 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 15. The amount in deposit, if any, shall be transmitted to the Tribunal for disbursement in terms of the award. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV/List No.: 1 Sl No.: 5