- 1 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2695 OF 2022(MV-I) BETWEEN: SRI ANANTHA KUMAR S/O SHANAIAH AGED ABOUT 48 YEARS R/AT KALLUPALYA THERADAKUPPE POST KOTHAGERE HOBLI KUNIGAL TALUK TUMKUR DISTRICT …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SATHYA MURTHY S/O HANUMANTHAIAH R/AT BABU JAGAJEEVANRAM NAGAR WARD NO.11, B K ROAD MAGADI TOWN RAMANAGAR DISTRICT 2. IFFCO TOKIO GENERAL INSURANCE CO LTD., NO.141, V FLOOR, SHANTHI TOWER, EAST OF NGEF LAYOUT KASTURI NAGAR, BENGALURU - 560 043 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.12.2021 PASSED IN MVC NO.5947/2018 ON THE FILE OF THE C/C XXII ADDITIONAL SMALL CAUSES JUDGE, ACMM, COURT OF SMALL CAUSES, ADDITIONAL MACT, BENGALURU, SCCH-24, 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.8,98,000/- awarded by the Tribunal in MVC No.5947/2018 dated 02.12.2021, 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. Attendant charges, extra nutritious food and conveyance charges 45,000 2. Pain and sufferings 50,000 - 3 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 3. Loss of income during laid up period 48,000 4. Medical expenses 3,30,000 5. Loss of future income due to disability 1,75,000 6. Loss of future amenities and happiness 50,000 7. Future medical expenses 2,00,000 Total 8,98,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 13% to the whole body. 5. I have perused the evidence of the Doctor-PW.3 and wound certificate. The same depicts that the claimant has sustained left posterior dislocation with fracture acetabulum. 6. Since the Doctor has assessed the disability at 61% to the lower limb and 21% to the whole body, the Tribunal has assessed the disability at 13% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records including the evidence of PW.3, I deem it appropriate to assess the disability of the claimant at 18%. - 4 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 7. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. 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 Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 8. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. 9. As the claimant was aged 45 years, a multiplier of '14' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,78,000/- (12,500 x 12 x 14 x 18%) towards 'loss of future income'. 10. As a consequence, the claimant would be entitled to a sum of Rs.75,000/- towards 'loss of income during the laid up period' (Rs.12,500 X 6 months) as against Rs.48,000/- - 5 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 awarded by the Tribunal, considering the laid up period as six months. 11. The sums awarded as 'medical expenses' at Rs.3,30,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under the heads 'attendant charges, extra nutritious food and conveyance charges', 'loss of future amenities and happiness' and 'future medical expenses' 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. Attendant charges, extra nutritious food and conveyance charges 45,000 45,000 2. Pain and sufferings 50,000 60,000 3. Loss of income during laid up period 48,000 75,000 4. Medical expenses 3,30,000 3,30,000 5. Loss of future income due 1,75,000 3,78,000 - 6 - HC-KAR CNR: KAHC010136062022 NC: 2026:KHC:41949 MFA No. 2695 of 2022 to disability 6. Loss of future amenities and happiness 50,000 50,000 7. Future medical expenses 2,00,000 2,00,000 Total 8,98,000 11,38,000 14. Thus, the claimant is held entitled to the total compensation of Rs.11,38,000/- as against Rs.8,98,000/-, 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 apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 13