- 1 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7601 OF 2022 (MV-I) BETWEEN: SARASWATHAMMA S., W/O NARAYANAREDDY Y., NOW AGED ABOUT 59 YEARS, R/AT PARTHIHALLI POST, KODIGENAHALLI HOBLI, MADHUGIRI TALUK, KASINAYAKANAHALLI, TUMAKURU DISTRICT-572127 (APPELLANT RECOVERED FROM COMA NOW SHE HERSELF FILED THIS APPEAL). …APPELLANT (BY SRI. RAGHU R., ADVOCATE) AND: 1. THE MANAGER UNITED INDIA INSURANCE CO., LTD., KRUSHIBHAVANA, NEXT TO MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU-560001. 2. NAGALAKSHMI N.G., MAJOR, W/O RANGANATH S.K., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 MARUTHI COMMERCIAL I MAIN, IST CROSS, APMC YARD, BATAWADI, TUMAKURU-572 102. …RESPONDENTS (BY SRI. L.SREEKANTA RAO, ADVOCATE; V/O/D 15.07.26 NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2019 PASSED IN MVC NO.2771/2018 ON THE FILE OF THE II ADDITIONAL JUDGE AND XXVIII ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-13. 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 compensation of Rs.12,29,726/- awarded by the Tribunal in MVC No.2771/2018 vide judgment and award dated 28.02.2019, 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: - 3 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 75,000 2. Loss of future income due to disability 6,48,000 3. Conveyance, attendant charges and nutrition food 40,000 4. Loss of amenities and unhappiness 30,000 5. Medical expenses 4,36,726 Total 12,29,726 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 75% to the whole body. 5. PWs.2 and 3-Doctors have assessed the disability at 79%. However on perusal of the documents, Ex.P7-would certificate, Ex.P9-discharge summary, Exs.P21 and P22-the assessment report, same reveals that the claimant has suffered severe head injury, diffuse axonal injury, compound fracture and bimolar fracture, dislocation of right ankle. Hence, I am of the considered view that disability could be assessed at 77% - 4 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 instead of 75%. Accordingly, the disability suffered by the claimant would be at 77%. 6. 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/-. 7. Since the disability is considered at 77%, considering the age of the claimant, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of Sidram vs. United India reported in 2023 (3) SCC 439, the future prospectus of 10% is to added to the income of the claimant. Hence, the income would be at Rs.13,750/- (Rs.12,500 + 10%) 8. As the claimant was aged 56 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be - 5 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 entitled to a sum of Rs.11,43,450/- (Rs.13,750 x 12 x 9 x 77%) towards 'loss of future income'. 9. The Tribunal has not awarded any amount towards 'loss of income during the laid up period'. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.37,500/- (Rs.12,500 X 3) considering 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.1,00,000/- towards 'pain and suffering' as against Rs.75,000/- 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.1,00,000/- towards loss of amenities, as against the sum of Rs.30,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.4,36,726/-, being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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 75,000 1,00,000 2. Loss of future income due to disability 6,48,000 11,43,450 3. Conveyance, attendant charges and nutrition food 40,000 40,000 4. Loss of amenities and unhappiness 30,000 1,00,000 5. Medical expenses 4,36,726 4,36,726 6. Loss of income during laid up period - 37,500 Total 12,29,726 18,57,676 - 7 - HC-KAR CNR: KAHC010510542022 NC: 2026:KHC:40270 MFA No. 7601 of 2022 15. Thus, the claimant is held entitled to the total compensation of Rs.18,57,676/- as against Rs.12,29,726/-, along with interest at the rate of 6% per annum. 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 GPG List No.: 1 Sl No.: 16