- 1 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 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.6589 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.6592 OF 2022 (MV-I) IN MFA No. 6589/2022 BETWEEN: SRI. SURESH S/O LATE KENCHABHOVI, AGED ABOUT 38 YEARS, R/AT HOSADURGA VILLAGE AND POST, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT PIN 562 119. …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. SRI. BOREGOWDA S/O NANJUNDEGOWDA MAJOR IN AGE (AGE R -1 NOT KNOWN TO APPELLANT) NO.82, 5TH CROSS, KERALA LAYOUT, VANGASANDRA, BEGUR ROAD, BENGALURU 560 068. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 2. THE MANAGER FUTURE GENERAL INSURANCE COMPANY LTD., KRISHNA MANSION, 3RD AND 4TH FLOOR, NO.31, 'SHRAVANEE', 100 FEET ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU 560 011. …RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R-2; V/O/D 07.01.25 NOTICE TO R-1 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.500/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA. IN MFA NO. 6592/2022 BETWEEN: SRI. SHIVARAJU S/O SHIVANNEGOWDA AGED ABOUT 48 YEARS, R/AT AREKOPPA VILLAGE, GOLLAHALLI POST,UYYAMBALLI HOBLI, KANAKAPURA TALUK RAMANAGARA DISTRICT, PIN 562 119. ...APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) - 3 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 AND: 1. SRI. BOREGOWDA S/O NANJUNDEGOWDA MAJOR IN AGE (AGE R -1 NOT KNOWN TO APPELLANT) NO.82, 5TH CROSS, KERALA LAYOUT, VANGASANDRA, BEGUR ROAD, BENGALURU 560 068. 2. THE MANAGER, FUTURE GENERAL INSURANCE COMPANY LTD., KRISHNA MANSION, 3RD AND 4TH FLOOR, NO.31, 'SHRAVANEE' 100 FEET ROAD, 2ND BLOCK, JAYANAGAR BENGALURU 560 011. ...RESPONDENTS (BY SRI.P.S.JAGADISH, ADVOCATE FOR R-2; V/O/D 07.01.25 NOTICE TO R-1 IS H/S) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.06.2022 PASSED IN MVC NO.501/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, KANAKAPURA. THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT In MFA No.6589/2022 1. The claimant, being dissatisfied with the compensation of Rs.1,86,760/- awarded by the Tribunal in MVC No.500/2019 vide judgment and award dated 21.06.2022, 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. Towards loss of future income due to disability 1,26,000 2. Towards medical expenses 9,260 3. Towards pain and sufferings 15,000 4. Towards attendant charges and conveyance 5,500 5. Towards loss of amenities 10,000 - 5 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 6. Towards loss of income during treatment 21,000 Total 1,86,760 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 5% to the whole body. 5. Considering the evidence of PW.2-Docotr and the wound certificate at Ex.P7, discharge summary at Ex.P20, the Doctor has assessed the disability at 41% to the lower limb and 10% to right hand, in total 51% disability to the whole body. As such, 1/3rd of it would be just and appropriate to consider the disability. Accordingly, the disability suffered by the claimant would be at 17%. 6. The Tribunal has rightly determined the monthly income, notionally at Rs.14,000./- per month as per the Karnataka State Legal Services Authority, which, for the accident of the year 2019. 7. As the claimant was aged 39 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be - 6 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 entitled to a sum of Rs.4,28,400/- (14,000 x 12 x 15 x 17%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.21,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3). 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.15,000/- awarded by the Tribunal. 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 11. 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/- as against the sum of Rs.5,500/- awarded by the Tribunal. - 7 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 12. The sum awarded as medical expenses at Rs.9,260/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Towards loss of future income due to disability 1,26,000 4,28,400 2. Towards medical expenses 9,260 9,260 3. Towards pain and sufferings 15,000 50,000 4. Towards attendant charges and conveyance 5,500 11,000 5. Towards loss of amenities 10,000 30,000 6. Towards loss of income during treatment 21,000 42,000 Total 1,86,760 5,70,660 - 8 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 14. Thus, the claimant is held entitled to the total compensation of Rs.5,70,660/- as against Rs.1,86,760/-, along with interest at the rate of 6% per annum. 15. The Tribunal while awarding the compensation, in view of not having valid permit, though saddled entire liability on the owner of the offending vehicle, directed the Insurance Company to make good the compensation and then to recover the same from the owner of offending vehicle. Same being just and proper, the finding of the Tribunal in respect of order of pay and recover is unaltered. 16. The respondent No.1-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 and is at liberty to recover it from respondent No.1-owner of the offending vehicle. The appeal is accordingly allowed in part. - 9 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 In MFA No.6592/2022 17. The claimant, being dissatisfied with the compensation of Rs.2,80,750/- awarded by the Tribunal in MVC No.501/2019 vide judgment and award dated 21.06.2022, is in appeal. 18. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 19. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards loss of future income due to disability 1,74,720 2. Towards medical expenses 38,030 3. Towards pain and sufferings 18,000 4. Towards attendant charges and conveyance 7,000 5. Towards loss of amenities 15,000 6. Towards loss of income during treatment 28,000 Total 2,80,750 - 10 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 20. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. 21. Since the Doctor has assessed the disability at 19.3% to the upper limbs and stated that the claimant sustained fracture of forearm and injury to right knee. Considering the evidence of PW.2-Docotr and the wound certificate at Ex.P6, I deem it appropriate to consider the disability at 14% to the whole body. Accordingly, the disability suffered by the claimant would be at 14%. 22. The Tribunal has rightly determined the monthly income, notionally at Rs.14,000./- per month as per the Karnataka State Legal Services Authority, which, for the accident of the year 2019. 23. As the claimant was aged 49 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,05,760/- (14,000 x 12 x 13 x 14%) towards 'loss of future income'. - 11 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 24. As a consequence, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3). 25. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering' as against Rs.18,000/- awarded by the Tribunal. 26. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 27. 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.14,000/- as against the sum of Rs.7,000/- awarded by the Tribunal. - 12 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 28. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.15,000/- towards 'future medical expenses'. 29. The sum awarded as medical expenses at Rs.38,030/-, being based on documentary evidence, do not call for modification and hence confirmed. 30. 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. Towards loss of future income due to disability 1,74,720 3,05,760 2. Towards medical expenses 38,030 38,030 3. Towards pain and sufferings 18,000 40,000 4. Towards attendant charges and conveyance 7,000 14,000 5. Towards loss of amenities 15,000 30,000 - 13 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 6. Towards loss of income during treatment 28,000 42,000 7. Towards future medical expenses - 15,000 Total 2,80,750 4,84,790 31. Thus, the claimant is held entitled to the total compensation of Rs.4,84,790/- as against Rs.2,80,750/-, along with interest at the rate of 6% per annum for the enhanced compensation. 32. The Tribunal while awarding the compensation, in view of not having valid permit, though saddled entire liability on the owner of the offending vehicle, directed the Insurance Company to make good the compensation and then to recover the same from the owner of offending vehicle. Same being just and proper, the finding of the Tribunal in respect of order of pay and recover is unaltered. 33. The respondent No.1-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 and - 14 - HC-KAR CNR: KAHC010435842022 NC: 2026:KHC:40269 MFA No. 6589 of 2022 C/W MFA No. 6592 of 2022 is at liberty to recover it from respondent No.1-owner of the offending vehicle. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 12