- 1 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6755 OF 2022 (MV-I) BETWEEN: 1. H. BASAPPA S/O HALAPPA, AGED ABOUT 50 YEARS, AGRICULTURIST, R/O THALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK - 577 526. …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. NISAR S/O SYED HUSSAIN SAB, AGED ABOUT 43 YEARS, R/O BEHIND NARAYANASWAMY GUDI ROAD, BHANUVALLI VILLAGE AND POST, HARIHAR TALUK, DAVANAGERE DISTRICT - 577 601. OWNER OF MOTOR CYCLE BEARING NO.KA-17/HC-2741 2. THE MANAGER LEGAL HDFC ERGO GENERAL INSURANCE CO, LTD., 2ND FLOOR, NO.125/1, BUILDING NO.2, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 SHANKARANARAYANA BUILDING, M G ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SRI. B PRADEEP, ADVOCATE FOR R2; NOTICE TO R1 - DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:05.07.2022 PASSED IN MVC NO.775/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND AMACT, HOLALKERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.3,59,644/- awarded by the Tribunal in MVC.No.775/2019 vide judgment and award dated 05.07.2022 , 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. Pain and sufferings 20,000 - 3 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 2. Loss of future income 2,54,644 3. Medical expenses 50,000 4. Attendant charges 6,000 5. Loss of income during the laid up period 14,000 6. Conveyance charges 5,000 7. Food, diet, nourishment charges 5,000 8. Loss of amenities in life 5,000 Total 3,59,644 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 11.66% to the whole body. Having regard to the injuries suffered by the claimant and having regard to the assessment of disability of the claimant by the Doctor at 38%, I deem it just and appropriate to assess the disability at 13%. 5. The Tribunal has determined the monthly income, notionally at Rs.14,000/- as the accident was of the year 2019, which is as per the chart prepared by the Karnataka State Legal Services Authority. Hence, the same is affirmed. - 4 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 6. As the claimant was aged 47 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,83,920/- (Rs.14,000 x 12 x 13 x 13%) towards 'loss of future income'. 7. As a consequence, the amount of Rs.14,000/- 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 months) treating the laid up period as three months. 8. 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.5,000/- awarded by the Tribunal. 9. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.20,000/- awarded by the Tribunal. 10. As contended by the learned counsel for the claimant, it is seen that though the claimant has produced medical bills in respect of expenditure incurred at Rs.63,600, the Tribunal has - 5 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 awarded Rs.50,000/-. On perusal of medical bills, I am of the considered view that the claimant is entitled for Rs.63,600/- towards medical expenses. 11. The sums awarded under the head 'conveyance and other incidental expenses', being just and proper, are affirmed. 12. 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 20,000 50,000 2. Loss of future income 2,54,644 2,83,920 3. Medical expenses 50,000 63,600 4. Loss of income during the laid up period 14,000 42,000 6. Conveyance, food, nourishment, attendant charges 16,000 16,000 6. Loss of amenities in life 5,000 30,000 Total 3,59,644 4,85,520 - 6 - HC-KAR CNR: KAHC010448492022 NC: 2026:KHC:39384 MFA No. 6755 of 2022 13. Thus, the claimant is held entitled to the total compensation of Rs.4,85,520/- as against Rs.3,59,644/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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 PKS List No.: 1 Sl No.: 25