- 1 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4004 OF 2021(MV-I) BETWEEN: MARAKKA @ HARIJANA MARKKA W/O CHAUDAPPA @ CHOUDESHA AGED ABOUT 43 YEARS R/O NEAR MARAMMA TEMPLE JOGMATTI ROAD CHITRADURGA 577 501 …APPELLANT (BY SRI. PRAKASHA H.C, ADVOCATE) AND: 1. G.N PRABHAKARA S/O G.L NAGARAJA AGED ABOUT 29 YEARS R/AT NO 102, TERU BEEDHI BOMMADEVARAHALLI MOKALAMURU TALUK BALLARI DIST-577 535 2. THE BRANCH MANAGER (COLLECTING OFFICE) UNITED INDIA INSURANCE CO.LTD JAGALUR MAHALINGAPPA COMPLEX P.B. ROAD, CHITRADURGA 577 501 …RESPONDENTS (BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2, R1 - SERVED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.03.2021 PASSED IN MVC NO. 1137/2018 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, HOLDING CONCURRENT CHARGE OF 1ST ADDITIONAL SENIOR CIVIL JUDGE AND M.A.C.T. NO. IV, CHITRADURGA, 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 The claimant, being dissatisfied with the global compensation of Rs.2,50,000/- awarded by the Tribunal, vide judgment and award dated 17.03.2021 in MVC No.1137/2018 is in appeal. 2. The fact that the accident occurred and the further fact that the claimant sustained injuries in the said accident are not in dispute. 3. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 22% to the right upper limb. - 3 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 4. I have perused the evidence of the Doctor-PW.4 and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of lower end of radius right wrist. 5. Since the Doctor has assessed the physical disability at 22% to the right upper limb, having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to take 1/3rd of the same, which would be 7%. Accordingly, the disability suffered by the claimant would be at 7% to the whole body. 6. As the claimant had failed to produce any cogent evidence to substantiate that she was earning Rs.15,000/- per month, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018 would be Rs.12,500/-. 7. As the claimant was aged 40 years, a multiplier of '15' would have to be applied. Consequently, the claimant - 4 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 would be entitled to a sum of Rs.1,57,500/- (12,500 X 12 X 15 X 7%) towards 'loss of future income'. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'pain and suffering'. 9. Having regard to the injuries sustained, length of stay and treatment taken in the Hospital by the claimant, I deem it appropriate to award a sum of Rs.37,500/- towards 'loss of income during the laid up period' (Rs.12,500 X 3 months) considering the laid up period as three months. 10. 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'. 11. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.10,000/- towards 'food and nourishment and attendant charges'. - 5 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 12. Since the claimant has produced medical bills as per Ex.P10 for having spent a sum of Rs.18,924/- for her treatment, I deem it appropriate to award the same under the head 'medical expenses'. 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 Amount in Rs. 1. Loss of future income 1,57,500 2. Medical expenses 18,924 3. Food, nourishment and attendant charges 10,000 4. Pain and sufferings 40,000 5. Loss of amenities 30,000 6. Loss of income during laid up period 37,500 TOTAL 2,93,924 14. Thus, the claimant is held entitled to the total compensation of Rs.2,93,924/- as against Rs.2,50,000/- along with interest at the rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010308282021 NC: 2026:KHC:42608 MFA No. 4004 of 2021 15. The Insurance Company is directed to make good the entire payment to the claimant within six weeks from the date of receipt of a certified copy of this judgment and is at liberty to recover the same from respondent No.1-owner of Auto Rickshaw bearing registration No.KA-34-B-4256. The appeal is accordingly allowed in part. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 29