- 1 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1541 OF 2022(MV-I) BETWEEN: NAGARAJ GONDA AGED ABOUT 29 YEARS S/O GOVINDA GONDA REP BY HIS GUARDIAN FATHER GOVINDA GONDA R/O KARNIGADDE, Y EDTHARE VILLAGE KUNDAPURA TALUK UDUPI DISTRICT-577 201 …APPELLANT (BY SRI. K PRASANNA SHETTY, ADVOCATE) AND: 1. DISTRICT HEALTH AND WELFARE OFFICER KOLAR, KOLAR DISTRICT-563 101 2. UNITED INIDA INSURANCE CO., LTD., REP BY ITS DIVISIONAL MANAGER DIVISIONAL OFFICE, UDUPI-576101 …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, VIDE ORDER DATED 12.01.2024, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.11.2015 PASSED IN MVC Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 NO.359/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, ADDITIONAL MACT, KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.12,32,200/- awarded by the Tribunal in MVC No.359/2014 dated 16.11.2015, is in appeal. 2. The fact that the accident occurred and the further fact that claimant suffered injuries in the said accident 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. Pain and sufferings 80,000 2. Medical expenses 1,55,200 3. Food and nourishment charges 15,000 4. Attendant charges 8,000 5. Conveyance charges 12,000 6. Loss of earning during the laid up period 48,000 - 3 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 7. Loss of future earning capacity 8,64,000 8. Loss of amenities 50,000 Total 12,32,200 4. The Tribunal while awarding the compensation towards disability has assessed disability of the claimant at 100% by considering the evidence of PW.2-Doctor and gravity of the injuries sustained by the claimant. PW.2-Doctor has categorically stated that the claimant has suffered complex of integrated functional disturbances, memory disturbances, personality changes and needs support of two persons help to carry out daily living activities, severe left sides hemiparasis, mild bladder incontinence, neuro psychology, audiometry. Further, the Tribunal has observed in paragraph No.20 as under: ”20. The P.W.1 in the deposition deposed that due to the accidental injuries petitioner has suffered permanent disability and suffered loss of earning capacity. P.W.-1 in the evidence has stated that due to the accidental injuries petitioner is in a bed ridden condition, he unable to respond to any of the commands, he has lost memory power and he is unable to sit, stand and walking with body balance and he has no interest in life. To prove the disability, the petitioner has adduced the evidence of P.W.-2. P.W.-2 is the Medico Legal Consultant, Adarsha Hospital, Udupi has stated that the petitioner suffered physical disability of 100% with respect to whole body. P.W.-2 has stated in the evidence that - 4 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 he has examined the Mr. Nagaraj Gonda on 28-01- 2015 along with Dr. A. Raja for the purpose of evaluation of disability and produced Disability Certificate as per Ex.P.8. They have found that petitioner has complex of integrated functional disturbances, memory disturbances, personality changes and needs support of two persons help to carry out daily living activities, severe left sides hemiparasis, mild Bladder incontinence, neuro psychology, audiometry, opthalmological assessment could not be done due to present condition of patient. He has assessed disability using modified Kessler’s formula (Ministry of Social Justice and Empowerment, Notification, GOI, New Delhi, 1st June, 2001), The complex integrated functional disturbances is that the petitioner can carry out simple daily living tasks 5 to 15%, Needs some supervision 20 to 45 %, Needs confinement 50 to 90% cannot care for self 95%. The Left sides hemiparasis is that the power of right upper limb is 5/5, left is 2/5, right 5/5, left hand 3/5, lower limb right 5/5 left 3/5, spasticity of upper right normal left present, lower limb is normal left present, Reflexes upper limb right normal left is increased, lower limb right side is normal left is increased, sensory of upper limb and lower limb both right and left are normal. Bladder Involvement: Mils (Hesitancy/Frequency) 25%, Moderate (precipitancy) 50%, Severe (Occasional but recurrent Incontinence 75%, very severe (Retention/Total Incontinence) 100%. Totally the permanent physical disability of 100% with respect to whole body." 5. I have carefully perused Ex.P8-Disability Certificate issued by PW.2, which reads as under: i. Patient has complex of integrated functional disturbances, memory disturbances, - 5 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 personality changes and needs support of two persons help to carry out daily living activities ii. Severe left sides hemiparasis iii. Mild bladder incontinence iv. Neuro psychology, audiometry, opthalmological assessment could not be done due to present condition of patient 6. In such circumstances, considering the nature of the injuries and evidence of PW.2 and medical records, I am of the considered view that the disability assessed by the Tribunal at 100%, is just and proper. 7. The claimant was a young student with a promising academic career and bright professional prospects. While assessing the notional income in such cases, the Court cannot ignore the educational qualifications, academic performance and the evidence indicating the likelihood of the claimant entering a profession with higher earning potential. At the same time, the assessment must be founded on the material available on record and cannot be based on mere conjectures or assumptions of assured professional success. A reasonable and forward-looking assessment of earning capacity, supported by cogent evidence, - 6 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 is permissible to ensure that the compensation awarded is just and fair. 8. The Hon'ble Apex Court has observed that the determination of compensation under the Motor Vehicles Act is guided by the principle of awarding 'just compensation', which necessarily takes into account the future prospects of the victim. However, such determination cannot travel into the realm of speculation. The object of the Act being beneficial in nature, the Court is required to adopt a pragmatic approach so as to award just compensation, without founding the assessment on uncertain expectations or hypothetical salary standards. This view is fortified by the judgment of the Hon'ble Apex Court is the case of ORIENTAL INSURANCE CO. LTD VS KALU RAM AND OTHERS reported in 2026 INSC 653. 9. The Tribunal has assessed the notional income of the claimant at Rs.4,000/- per month. However, the said assessment does not reflect the claimant's educational background, academic achievements and the bright professional prospects demonstrated by the material placed on record. While the assessment of income in the case of a student cannot be - 7 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 founded on mere assumptions, the Court is required to make a reasonable and pragmatic assessment of the likely earning capacity, having due regard to the evidence available on record, so as to award just compensation. 10. Having regard to the educational qualification of the claimant that he was studying II year B.Com at First Grade College, Byndoor, his promising future career and the settled principle that compensation under the Motor Vehicles Act must be just, fair and reasonable, this Court is of the considered view that the notional income assessed by the Tribunal at Rs.4,000/- per month is on the lower side. Taking an overall view of the facts and circumstances of the case, the monthly income of the claimant is reassessed at Rs.15,000/-, which, in the opinion of this Court, would be a just and reasonable assessment for the purpose of determining compensation. 11. Since the claimant has suffered 100% disability and is aged about 22 years, 40% future prospects requires to be added to the said income, which would be Rs.21,000/- (14,000 + 40%). Thus, the income of the claimant would be Rs.21,000/-. - 8 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 12. As the claimant was aged 22 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.45,36,000/- (21,000 x 12 x 18 x 100%) towards 'loss of future income' as against the sum of Rs.8,64,000/-. 13. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.80,000/- awarded by the Tribunal. 14. Having regard to the long lasting effects of the injuries on the claimant, I deem it just and appropriate to grant sum of Rs.60,000/- towards 'loss of amenities' as against the sum of Rs.50,000/- awarded by the Tribunal. 15. The claimant has suffered 100% physical disability, which has permanently impaired his prospects of marriage. Having regard to the nature and extent of the disability, I deem it just and appropriate to award a sum of Rs.3,00,000/- towards 'loss of marriage prospects'. - 9 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 16. Since this Court has observed the present condition of the injured and found that he is unable to perform his day-to- day activities without the assistance of an attendant, it is just and proper to award a sum of Rs.10,00,000/- towards 'attendant charges', having regard to his age and the nature of his disability as against Rs.8,000/- awarded by the Tribunal. This view is fortified by the judgment of the Hon'ble Apex Court in KAJAL VS. JAGDISH CHAND - (2020) 4 SCC 413. 17. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'food and nourishment charges and conveyance charges' at Rs.1,00,000/- as against the sum of Rs.27,000/- awarded by the Tribunal. 18. The sum awarded towards medical expenses at Rs.5,60,276/-, being based on the documentary evidence, do not call for modification and hence confirmed. 19. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 10 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 80,000 1,00,000 2. Medical expenses 1,55,200 1,55,200 3. Food and nourishment charges 15,000 Conveyance charges 12,000 1,00,000 4. Loss of earning during the laid up period 48,000 - 5. Loss of future earning capacity 8,64,000 45,36,000 6. Loss of amenities 50,000 60,000 7. Marriage prospects - 3,00,000 8. Attendant charges 8,000 10,00,000 Total 12,32,200 62,51,200 20. Thus, the claimant is held entitled to the total compensation of Rs.62,51,200/- as against Rs.12,32,200/-, along with interest at the rate of 6% per annum from the date of petition till its realization. However, the appellant-claimant is not entitled for interest for the delayed period of 1501 days in filing this appeal. - 11 - HC-KAR CNR: KAHC010062492021 NC: 2026:KHC:40048 MFA No. 1541 of 2022 21. 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. 22. On such deposit being made, a sum of Rs.50,00,000/- shall be invested in Fixed Deposit in any Nationalised Bank in the name of the claimant and the claimant is permitted to withdraw the accrued interest periodically once in three months. The claimant is at liberty to withdraw the balance amount along with accrued interest. The appeal is accordingly allowed in part. The amount in deposit, if any, shall be transmitted to the Tribunal. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 7