- 1 - HC-KAR CNR: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7345 OF 2022(MV-I) BETWEEN: MR MUHAMMED ISMAIL J @ MOHAMMED ISMAIL S/O LATE SHEKUNHI AGED 37 YEARS, R/O DOOR NO.3/184, KELAGINA MANE M.P ROAD, 62ND THOKUR, JOKATTE POST MANGALURU-575 011 …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. NEW INDIA ASSURANCE COMPANY LTD., CITY DIVISIONAL OFFICE II BIG BAZAR STREET, COIMBATORE TAMILNADU-641 001 LOCAL OFFICE FORTUNE BLDG, 4TH FLOOR, OPP TO ATHENA HOSPITAL FALNIR, MANGALURU-575002 REPRESENTED BY ITS MNAGER 2. MR UMMAR FAROOQ S/O MOIDINABBA AGED MAJOR R/A DOOR NO.2-122 SITE NO.43, 2ND BLOCK Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 KATIPALLA MANGALURU-575030 …RESPONDENTS (BY SRI. NAGARAJAIAH K, ADVOCATE FOR R1, R2-DISPENSED WITH, VIDE ORDER DATED 13.08.2026) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 20.04.2022 PASSED IN MVC NO. 1487/2020 ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MEMBER, MACT-II, D.K.MANGALURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. 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.4,15,663/- awarded by the Tribunal, 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: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Injury, Pain and agony 15,000 2. Medical expenses 47,763 3. Attendant charges, food, nourishment and conveyance expenses 10,000 4. Loss of income during treatment 14,500 5. Loss of future earnings 2,78,400 6. Removal of implants 40,000 7. Loss of amenities in life 10,000 Total 4,15,663 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body and rightly determined the monthly income, notionally at Rs.14,500/- per month. As the claimant was aged 35 years, the Tribunal has rightly applied a multiplier of '16'. Consequently, the claimant would be entitled to a sum of Rs.2,78,400/- (14,500 x 12 x 16x 10%) towards 'loss of future income'. - 4 - HC-KAR CNR: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 5. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.43,500/- (14,500 X 3 months) towards 'loss of income during the laid up period' as against sum of Rs.14,500/- awarded by the Tribunal. 6. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'injury, pain and agony' as against Rs.15,000/- awarded by the Tribunal. 7. 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. 8. Having regard to the medical bills produced by the claimant for having taken treatment for the injuries sustained in the accident, I deem it just and proper to award a sum of Rs.77,763/- towards 'medical expenses' as against the sum of Rs.47,763/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 9. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 10. 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. Injury, Pain and agony 15,000 50,000 2. Medical expenses 47,763 77,763 3. Attendant charges, food, nourishment and conveyance expenses 10,000 10,000 4. Loss of income during treatment 14,500 43,500 5. Loss of future earnings 2,78,400 2,78,400 6. Removal of implants 40,000 40,000 7. Loss of amenities in life 10,000 30,000 Total 4,15,663 5,29,663 11. Thus, the claimant is held entitled to the total compensation of Rs.5,29,663/- as against Rs.4,15,663/-, - 6 - HC-KAR CNR: KAHC010491482022 NC: 2026:KHC:43263 MFA No. 7345 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 12. 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 CR List No.: 1 Sl No.: 15