- 1 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 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.2212 OF 2022 (MV-I) BETWEEN: MR.VENAKATARAVANAPPA @ VENKATARAVANA, S/O VENKATAPPA, AGED BAOUT 39 YEARS, HODALI VILLAGE, DEVALAPALLI, SRINIVASAPURA TALUK, KOLAR DISTRICT - 563 138. …APPELLANT (BY SRI.GIRIMALLAIAH, ADVOCATE) AND: 1. THE NEW INDIA ASSURANCE COMPANY LTD., T.P.HUB, 2ND FLOOR, MAHALAKSHMI CHAMBERS, NO.92, M.G.ROAD, BENGALURU - 560 001, BY ITS MANAGER. 2. MR.SYED KOLIMI ZAKEER HUSSAIN, S/O S.K.GAFOR SAHEB, MAJOR, (AGE R-2 NOT KNOWN TO APPELLANT), Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 2-30 KOTHAPETA, GURRAMKONDA, CHITTOOR, ANDRA PRADESH - 517 297. …RESPONDENTS (BY SRI.JAGADEESH G.S., AND SRI.GURUBASAPPA E.S., ADVOCATES FOR R-1; V/O/D 31.01.2024 NOTICE TO R-2 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.11.2021 PASSED IN MVC NO.7732/2018 ON THE FILE OF THE XXI A.C.M.M AND XXIII ADDITIONAL SMALL CAUSES JUDGE, MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF SMALL CAUSES, BENGALURU (SCCH-25). 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.4,34,025/- awarded by the Tribunal in MVC No.7732/2018 vide judgment and award dated 15.11.2021, 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 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 30,000 2. Medical expenses 3,58,708 3. Age, loss of future income 1,35,000 4. Loss of income during laid up period 25,000 5. Loss of future amenities and happiness 15,000 6. Attendant, conveyance, food and nourishment charges 15,000 Sub Total 5,78,708 Rounded off to 5,78,700 Less 25% contributory negligence 1,44,675 Total 4,34,025 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 6% to the whole body. - 4 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 5. Perusal of the medical records, reveals that the claimant suffered multiple injuries on chest part of the body, due to which, expansion of chest is restricted. On reassessment of the same, it would be just and appropriate to consider the disability at 15%. Accordingly, the disability suffered by the claimant would be at 15%. 6. The Tribunal has rightly determined the monthly income, notionally at Rs.12,500./- per month as per the Karnataka State Legal Services Authority, which, for the accident of the year 2018. 7. As the claimant was aged 68 years, a multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.3,37,500/- (12,500 x 12 x 15 x 15%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.25,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500 X 3). - 5 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal. 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, as against the sum of Rs.15,000/- awarded by the Tribunal. 11. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.35,000/- as against the sum of Rs.15,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.3,58,708/-, being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 13. Considering the nature of evidence adduced and as per Ex.P4 seizure mahazar, the same depicts that accident was caused in a turn and the driver of the jeep came without observing vehicle coming from the opposite direction, in such circumstances, the driver of the jeep also contributed negligence, however the same could be assessed at 15% instead of 25%. Accordingly, the finding of the Tribunal is modified. 14. 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 sufferings 50,000 2. Medical expenses 3,58,708 3. Age, loss of future income 3,37,500 4. Loss of income during laid up period 37,500 5. Loss of future amenities and happiness 30,000 - 7 - HC-KAR CNR: KAHC010109012022 NC: 2026:KHC:40266 MFA No. 2212 of 2022 6. Attendant, conveyance, food and nourishment charges 35,000 Sub Total 8,48,708 Less 15% contributory negligence 1,27,306 Total 7,21,401 15. Thus, the claimant is held entitled to the total compensation of Rs.7,21,401/- as against Rs.4,34,025/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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 GPG List No.: 1 Sl No.: 14