- 1 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7773 OF 2022(MV-I) BETWEEN: SRI JAYASHANKAR S/O OMKAR MURTHY AGED ABOUT 38 YEARS PRESENTLY R/AT TENKALA KOPPALU VILLAGE, KASABA HOBLI HUNSUR TALUK MYSURU DISTRICT -571 105 …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SRI UMASHANKAR S/O LINGANNA, MAJOR R/AT AMMASANDRA, TURUVEKERE TALUK TUMKURU DISTRICT -572 211 2. THE MANAGER UNITED INDIA INSURANCE CO. LTD BALLAL CIRCLE NEW KANTHARAJ URS ROAD MYSURU-570 004 …RESPONDENTS (BY SRI. C. SHANKARA REDDY, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.29.09.2022 PASSED IN MVC NO.1331/2021 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, MACT, MYSURU, 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.4,07,250/- awarded by the Tribunal in MVC No.1331/2021 dated 29.09.2022, 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 suffering 45,000 2. Loss of amenities and happiness and inconvenience 35,000 3. Medical expenses and hospital charges 35,000 - 3 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 4. Loss of earning during laid up period 30,000 5. Towards attendant, food, nourishment and other sundry expenses 20,000 6. Loss of future earnings 3,78,000 Sub-Total 5,43,000 (-) 25% contributory negligence of the claimant 1,35,750 TOTAL 4,07,250 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered head injury with frontal bone depressed fracture (OPTD). 6. Since the Doctor has assessed the disability at 55% to the whole body, the Tribunal has erred in assessing the disability at 10% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3rd of the disability assessed by the - 4 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 Doctor, which would be 18%. Accordingly, the disability suffered by the claimant would be at 18%. 7. As the claimant had failed to produce any cogent document to substantiate that he was earning Rs.20,000/- per month, the Tribunal, as per the chart of Karnataka State Legal Services Authority and since the accident had taken place in the year 2021, has rightly assessed the monthly income of the claimant at Rs.15,000/-, which is just and proper. 8. As the claimant was aged 39 years, multiplier would be ‘15’ and as he was self employed, 40% requires to be added to his income towards future prospects, which would be Rs.21,000/- (15,000 + 40%). Accordingly, the compensation towards 'loss of future income' works out to Rs.6,80,400/- (Rs.21,000 x 12 x 15 x 18%). 9. As a consequence, the amount of Rs.30,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.45,000/- (15,000 X 3 months). - 5 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.45,000/- awarded by the Tribunal. 11. The sum awarded as ‘medical expenses’ at Rs.35,000/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under the heads 'loss of amenities' and 'food, nourishment, attendant and other sundry expenses' remain unaltered. 13. 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 this Court (Rs.) 1. Pain and suffering 60,000 2. Loss of amenities and happiness and inconvenience 35,000 3. Medical expenses and hospital charges 35,000 4. Loss of earning during laid up period 45,000 - 6 - HC-KAR CNR: KAHC010530382022 NC: 2026:KHC:38822 MFA No. 7773 of 2022 5. Towards attendant, food, nourishment and other sundry expenses 20,000 6. Loss of future earnings 6,80,400 Sub-Total 8,75,400 (-) 25% contributory negligence of the claimant 2,18,850 TOTAL 6,56,550 W 14. Thus, the claimant is held entitled to the total compensation of Rs.6,56,550/- as against Rs.4,07,250/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 15. 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 amount in deposit, if any, shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 12