- 1 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.5339 OF 2021(MV-I) BETWEEN: DEVAKI @ DEVAMMA W/O NANJUNDA AGED ABOUT 37 YEARS RESIDING AT NO.70 AMBEDKAR COLONY JAYAPURA HOBLI G.G PURA POST GUJJEGOWDANAPURA MYSURU-570 008 …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. SRINIVASA S.R S/O RAJAIAH AGED ABOUT 52 YEARS R/AT NO.5407 SAI SADANA 2ND PHASE, 4TH STAGE VIJAYANAGAR MYSURU-570001 2. UNITED INDIA INS. CO.LTD. BY ITS MANAGER MOTOR TB HUB NO.1134 PRINCE OF WALES ROAD Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 BALLAL CIRCLE CHAMARAJPURAM MYSURU-570 005 …RESPONDENTS (R2 - SERVED, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 19.01.2021 PASSED IN MVC NO.1355/2017 ON THE FILE OF THE PRL. JUDGE, COURT OF SMALL CAUSES AS A PRESIDING OFICER, MACT, MYSURU, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.1,56,000/- awarded by the Tribunal in MVC No.1355/2017 dated 19.01.2021, is in appeal. 2. The fact that the accident occurred and further fact that the offending vehicle was insured are 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, shock and sufferings 15,000 - 3 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 2. Loss of income during laid up period 14,000 3. Attendant charges, extra diet, nourishment and conveyance 3,000 4. Loss of amenities 5,000 5. Medical expenses 58,500 6. Loss of future income 40,500 7. Future treatment 20,000 Total 1,56,000 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered disability to the extent of 3% 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-PW.2 at 10%, I deem it just and appropriate to assess the disability at 6%. 5. The Tribunal has determined the monthly income of the claimant, notionally at Rs.7,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, 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 2017, would be Rs.11,000/-. - 4 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 6. As the claimant was aged 35 years as per his driving license, appropriate multiplier would be '16'. Consequently, the claimant would be entitled to a sum of Rs.1,26,720/- (11,000 x 12 x 16 x 6%) towards 'loss of future income' as against the sum of Rs.40,500/-. 7. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.30,000/- as against Rs.5,000/- towards ‘loss of amenities’. 8. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain, shock and sufferings' as against Rs.15,000/- awarded by the Tribunal. 9. 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.33,000/- (11,000 X 3 months). 10. 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 - 5 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 Rs.6,000/- towards ‘nourishment, conveyance and attendant charges’, as against the sum of Rs.3,000/- awarded by the Tribunal. 11. The sums awarded as medical expenses at Rs.58,500/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'future treatment' would also stand enhanced to Rs.30,000/-. 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 the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain, shock and sufferings 15,000 50,000 2. Loss of income during laid up period 14,000 33,000 3. Attendant charges, extra diet, nourishment and conveyance 3,000 6,000 4. Loss of amenities 5,000 30,000 - 6 - HC-KAR CNR: KAHC010085532021 NC: 2026:KHC:43129 MFA No. 5339 of 2021 5. Medical expenses 58,500 58,500 6. Loss of future income 40,500 1,26,720 7. Future treatment 20,000 30,000 Total 1,56,000 3,34,220 14. Thus, the claimant is held entitled to the total compensation of Rs.3,34,220/- as against Rs.1,56,000/-, 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 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.: 8