- 1 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 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.2014 OF 2022(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.2497 OF 2020(MV-I) IN MFA No. 2014/2022 BETWEEN: KAMAKSHI W/O DORESWAMY AGED ABOUT 31 YEARS R/AT GULSINDA VILLAGE KASABA HOBLI, CHANNARAYAPATNA TALUK HASSAN DISTRICT-573 103 PRESENT ADDRESS: RAVINDRA S/O CHIKKEGOWDA R/AT BOOVANAHALLI VILLAGE, KASABA HOBLI, HASAN TALUK …APPELLANT (BY SRI. JAGADEESH H.T, ADVOCATE) AND: 1. VENKATESH S/O NANJUDNAPPA MAJOR NAGASAMUDRA ROAD BEHIND RAYAPPA HOUSE CHANNARAYAPPA, HASSAN-573 103 2. THE MANAGER RELIANCE GENERAL INSURANCE CO.LTD., Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 1ST FLOOR, KRUTHIKA ARCADE N.R CIRCLE, HOLENARASHIPURA ROAD HASSAN-573 103 …RESPONDENTS (BY SRI. ASHOK N PATIL, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2019 PASSED IN MVC NO.213/2018 ON THE FILE OF THE MEMBER, MOTOR ACCIDENT CLAIMS TRIBUNAL, 2ND ADDITIONAL SENIOR CIVIL JUDGE, HASSAN, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 2497/2020 BETWEEN: THE RELIANCE GENERAL INSURANCE COMPANY LTD., 1ST FLOOR, KRUTHIKA ARCADE N.R CIRCLE, HOLENARASIPURA ROAD HASSAN ALSO THE RELIANCE GENERAL INSURANCE COMPANY LIMITED EAST WING, 5TH FLOOR, NO.28 CENTENARAY BUILDING, M.G ROAD BENGALURU-560 001 NOW REPRESENTED BY MANAGER LEGAL ...APPELLANT (BY SRI. ASHOK N PATIL, ADVOCATE) AND: 1. KAMAKSHI D/O DORESWAMY - 3 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 GULASINDA VILLAGE KASABA HOBLI CHANNARAYAPATTANA TALUK HASSAN DISTRICT PRESENT RESIDING AT RAVINDRA S/O CHIKKEGOWDA BHOOVANAHALLI VILLAGE KASABA HOBLI, HASSAN TALUK 2. VENKATESH S/O NANJUNDAPPA NAGASAMUDRA ROAD, BEHIND RAYAPPA HOUSE, GAYATHRI LAYOUT, CHANNARAYAPATTANA HASSAN DISTRICT ...RESPONDENTS (BY SRI. JAGADEESH H.T, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.11.2019 PASSED IN MVC NO.213/2018 ON THE FILE OF THE MEMBER, MACT AND II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, HASSAN, AWARDING COMPENSATION OF RS.20,64,323/- WITH INTEREST AT 8 PERCENT FROM THE DATE OF PETITION TILL THE DATE OF REALIZATION. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 ORAL JUDGMENT These two appeals are directed against the judgment and award dated 28.12.2019 passed in MVC No.213/2018 on the file of II Addl. Senior Civil Judge and Motor Vehicles Accident Claims Tribunal, Hassan (for short 'the Tribunal), whereby the Tribunal partly allowed the claim petition filed by the claimant and awarded total compensation of Rs.20,64,323/- with interest at the rate of 8% per annum to the claimant. 2. The brief facts of the case are, on 02.11.2017, at about 07:00 p.m., when the claimant while proceeding as a pillion rider along with her brother-in-law at Hassan-Belur road at Manachanahalli in a motorcycle bearing Registration No.KA- 13-EC-3384, at that time, the rider of the motorcycle rode the same in a rash and negligent manner on the road humps, as a result, the claimant fell down and sustained injuries and thereafter, she was shifted to Hassan Janapriya Hospital. Later, she filed a claim petition before the Tribunal claiming compensation for the injuries she sustained. - 5 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 3. The fact that the accident occurred and the further fact that the motorcycle was insured with the Insurance Company are not in dispute. 4. The Tribunal, upon assessment of oral and documentary evidence, partly allowed the claim petition and awarded compensation as stated supra. The said award is challenged by the claimant in MFA No.2014/2022 and by the Insurance Company in MFA No.2497/2020. 5. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 75,000 2. Medical expenses 4,11,323 3. Food, diet, conveyance and nourishment charges 50,000 4. Loss of future income 14,28,000 5. Loss of amenities 1,00,000 Total 20,64,323 6. 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 - 6 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 of the injuries sustained by the claimant. PW.2-Doctor has categorically stated that the claimant has suffered thoracic spine fracture with complete spinal cord injury. 7. I have carefully perused Ex.C7-wound certificate Ex.P8-Disability Certificate issued by PW.2. The same depict that the claimant has suffered D12 burst compression fracture with retropulsion of fracture fragments with cord contusion. 8. In such circumstances, considering the nature of the injuries sustained by the claimant and evidence of PW.2- Doctor and medical records so also the Ex.C15-photographs of the injury sustained by the claimant, I am of the considered view that the disability assessed by the Tribunal at 100%, is just and proper. 9. As far as the compensation is concerned, the Tribunal has determined the monthly income of the deceased notionally at Rs.7,000/-. Having regard to the injuries sustained by the claimant and since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income - 7 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 10. Since the claimant has suffered 100% disability and is aged about 27 years, 40% future prospects requires to be added to the said income, which would be Rs.15,400/- (11,000 + 40%). 11. 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.31,41,600/- (15,400 x 12 x 17 x 100%) towards 'loss of future income' as against the sum of Rs.14,28,000/-. 12. 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.75,000/- awarded by the Tribunal. 13. Having regard to the 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. - 8 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 14. Since this Court has observed the present condition of the injured and found that she is unable to perform her 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 her age and the nature of her disability. This view is fortified by the judgment of the Hon'ble Apex Court in the case of KAJAL VS. JAGDISH CHAND - (2020) 4 SCC 413. 15. The sum awarded towards medical expenses at Rs.4,11,313/-, being based on the documentary evidence, do not call for modification and hence confirmed. 16. The sums awarded under the heads 'food, diet, nourishment and conveyance charges' and 'loss of amenities' remain unaltered. 17. The Tribunal has also erred in awarding 8% interest for the compensation instead of 6%. In view of the judgment of the Division Bench of this Court in MFA No.5896/2018 dated 24.08.2020, the interest awarded by the Tribunal is modified and the claimant is entitled for the interest at the rate of 6% per annum instead of 8%. - 9 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 18. 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. Medical expenses 4,11,323 4,11,323 3. Food, diet, conveyance and transportation charges 50,000 50,000 4. Loss of future income 14,28,000 31,41,600 5. Loss of amenities 1,00,000 1,00,000 6. Attendant charges - 10,00,000 Total 20,64,323 48,02,913 19. Thus, the claimant is held entitled to the total compensation of Rs.48,02,913/- as against Rs.20,64,323/-. The enhanced compensation shall carry interest at that rate of 6% per annum from the date of petition till its realization. However, the claimant-appellant is not entitled for interest on the amount of Rs.10,00,000/- awarded towards attendant charges. - 10 - HC-KAR CNR: KAHC010218862021 NC: 2026:KHC:40470 MFA No. 2014 of 2022 C/W MFA No. 2497 of 2020 20. 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. 21. On such deposit being made, a sum of Rs.30,00,000/- 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 appeals are disposed of. 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.: 9