- 1 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 1920 OF 2022 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 4199 OF 2022 (MV-I) IN MFA NO. 1920/2022 BETWEEN: NATIONAL INSURANCE COMPANY LIMITED, BRANCH OFFICE: KUNDAPURA, SRI SAI CENTRE, 2ND FLOOR, MAIN ROAD, KUNDAPURA, NOW REP. BY ITS REGIONAL OFFICE, NO.144, SHUBHARAM COMPLEX, M.G. ROAD, BENGALURU - 560 001, REP. BY ITS AUTHORIZED SIGNATORY. …APPELLANT (BY SRI. A.M. VENKATESH, ADVOCATE) AND: 1. SATISH KUMAR, AGED ABOUT 30 YEARS, S/O. RAMA POOJARY, R/O. NO.1-63, MAKKI SUBBANNA MANE, BADAKERE, KUNDAPURA TALUK - 581 421. 2. SANDESH DEVADIGA AGED ABOUT 30 YEARS, S/O. ANANDA DEVADIGA, R/O. CHIKKAMMA NILAYA, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 BURUDEMANE, KATTU, HEMMADY VILLAGE, KUNDAPURA TALUK - 581 421. …RESPONDENTS (BY SRI. NAGARAJA HEGDE, ADVOCATE FOR R1 NOTICE TO R2 IS SERVED AND UNREPRESENTED. SANDESH DEVADIGA SD) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2021 PASSED IN MVC NO.69/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, AWARDING COMPENSATION OF RS.23,08,549/- WITH INTEREST AT 6 PERCENT P.A. ON RS.21,08,549/- (EXCLUDING FUTURE MEDICAL EXPENSES) FROM THE DATE OF PETITION TILL THE DATE OF DEPOSIT. IN MFA NO. 4199/2022 BETWEEN: SATISH KUMAR, S/O. RAMA POOJARY, AGED ABOUT 30 YEARS, R/O. NO.1-63, MAKKI SUBBANNA MANE, BADAKERE, KUNDAPURA TALUK, UDUPI DISTRICT-576021. …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: - 3 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 1. SRI. SANDESH DEVADIGA, S/O. ANANDA DEVADIGA, AGED ABOUT 29 YEARS, R/O. CHIKKAMMA NILAYA, BURUDEMANE, KATTU, HEMMADY VILLAGE, KUNDAPURA TALUK UDUPI DISTRICT - 576 021. 2. NATIONAL INSURANCE CO., LTD, BRANCH OFFICE AT KUNDAPURA, SRI SAI CENTRE, 2ND FLOOR, MAIN ROAD, KUNDAPURA-576201. REPRESENTED BY ITS MANAGER …RESPONDENTS (BY SRI. A.M. VENKATESH, ADVOCATE FOR R2 NOTICE TO R1 D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.09.2021 PASSED IN MVC NO.69/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. These two appeals arise out of judgment and award dated 30.09.2021 passed in M.V.C.No.69/2019 by the Senior Civil Judge and Additional MACT, Kundapura (for short, 'the Tribunal'), wherein the Tribunal has partly allowed the claim petition filed by the claimant by awarding compensation of Rs.23,08,549/- with 6% interest per annum. M.F.A.No.4199/2022 is preferred by the claimant and M.F.A.No.1920/2022 is preferred by the insurance company. 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. Loss of income due to disability 17,85,000 2. Towards medical expenses 43,549 - 5 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 3. Towards pain and suffering 80,000 4. Towards conveyance, diet and attendants charges 35,000 5. Towards loss of income during laid up period 50,000 6. Towards loss of amenities 40,000 7. Towards future medical expenses 2,00,000 8. Towards loss of marriage prospectus 75,000 Total 23,08,549 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 50% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: i) Abrasion reddish, 6 X 2 cm present over the back of right forearm, 6 cm above wrist joint ii) Swelling of size 3 X 4 cm over the right wrist - 6 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 iii) Abrasion reddish, 2 X 1 cm was present over the front of right knee iv) Abrasion reddish 2 X 1 cm over the lateral end of the right eyebrow. 6. 6. However, the treatment and disability certificate produced by the claimant as per Ex.P10, reads as under : a) Right upper limb: 75% loss of active movement of right shoulder, 50% at right elbow, wrist, power loss of 60% (shoulder, elbow); 100% at wrist and hand; 50% loss of sensation, b) Right knee: Post -traumatic instability of right knee, c) Radiological assessment: Right humerus fracture-Union complete (implant in situ); Right knee varus deformity, secondary degenerative arthritis present, d) Functional assessment: Right upper limb: No useful active function. Right lower limb: Walk: 3/10; Run 1/10; Jump 0/10; Stand 5/10; Sit cross legged 3/10; Squat - 7 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 3/10; Stairs:3/10; Activities of daily living 5/10. 7. Since the Doctor has assessed the disability to the right lower limb at 18% and 76% to his right upper limb due to brachial plexus injury, the Tribunal has considered the disability of the claimant at 50% to the whole body. Having regard to the nature and gravity of injuries suffered by the claimant and also the photographs of the claimant at Ex.P9 which reveals that, the claimant lost complete balance and movement of his right hand and he was a driver of auto rickshaw, I deem it just and appropriate to assess the functional disability at 75%. Accordingly, the disability suffered by the claimant would be at 75% 8. The Tribunal has rightly determined the monthly income, notionally at Rs.12,500/- per month as per the Karnataka State Legal Services Authority, since there is no credible documentary evidence to ascertain the actual monthly income. 9. Since the claimant has suffered 75% disability and is aged about 27 years, 40% future prospects requires to be added to his aforesaid income, which would be Rs.20,300/- - 8 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 (12,500/- + 40%). Thus, the income of the claimant would be Rs.17,500/-. 10. As the claimant was aged 27 years, the Tribunal has rightly applied a multiplier of '17'. Consequently, the claimant would be entitled to a sum of Rs.26,77,500/- (17,500 x 12 x 17 x 75%) towards 'loss of future income' as against sum of Rs.17,85,000/-. 11. 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.80,000/- awarded by the Tribunal. 12. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'loss of amenities' as against Rs.40,000/- awarded by the Tribunal. 13. The claimant has sustained brachial plexus injury resulting in 76% permanent disability of the right upper limb and 18% permanent disability of the right lower limb. He has also been left with a permanent surgical scar. Having regard to - 9 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 the nature and extent of the disabilities, which have adversely affected his marriage prospects, the claimant is entitled to compensation of Rs.1,00,000/- under the head 'loss of marriage prospects' as against Rs.75,000/- awarded by the Tribunal. 14. The sum awarded as medical expenses at Rs.43,549/- being based on the documentary evidence, do not call for modification and hence confirmed. 15. The sums awarded under other heads of compensation by the Tribunal, remains unaltered. 16. 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. Loss of income due to disability 17,85,000 26,77,500 2. Towards medical expenses 43,549 43,549 3. Towards pain and 80,000 1,00,000 - 10 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 suffering 4. Towards conveyance, diet and attendants charges 35,000 35,000 5. Towards loss of income during laid up period 50,000 50,000 6. Towards loss of amenities 40,000 60,000 7. Towards future medical expenses 2,00,000 2,00,000 8. Towards loss of marriage prospectus 75,000 1,00,000 Total 23,08,549 32,66,049 17. Thus, the claimant is entitled to a total compensation of Rs.32,66,049/- as against Rs.23,08,549/- awarded by the Tribunal, along with interest at the rate of 6% per annum on a sum of Rs.30,66,049/- (excluding future medical expenses) from the date of the petition till realization. 18. 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. - 11 - HC-KAR CNR: KAHC010092252022 NC: 2026:KHC:40780 MFA No. 1920 of 2022 C/W MFA No. 4199 of 2022 19. Accordingly, the appeal filed by the claimant is allowed in part and the appeal filed by the Insurance Company is dismissed. 20. The apportionment of compensation amount shall be in terms of the award of the Tribunal. 21. The amount in deposit if any, shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 8