- 1 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 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.2637 OF 2022(MV-I) BETWEEN: MR VENKATARAMANA @ VENKATARAMANACHAR S/O LATE VENKATACHARI AGED ABOUT 57 YEARS NO.99, MARUTHI NAGARA GUBBALALA KANAKAPURA ROAD BENGALURU-560 062 …APPELLANT (BY SRI. GIRIMALLAIAH, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD REGIONAL OFFICE, T.P HUB KRISHI BHAVANA 6TH FLOOR HUDSON CIRCLE NRUPATHUNGA ROAD BENGALURU-560001 BY ITS MANAGER Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 2. MR VINAY KUMAR P S/O PURANDARA REDDY MAJOR (AGE-2 NOT KNOWN TO APPELLANT) 57/52, GROUND FLOOR COMFORT ENCLAVE 7TH MAIN, 17TH CROSS BTM LAYOUT BENGALURU-560 076 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R1, VIDE ORDER DATED 10.03.2023, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 21.12.2021 PASSED IN MVC NO.1787/2020 ON THE FILE OF THE XX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, BENGALURU SCCH-22, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION 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.5,02,924/- awarded by the Tribunal, 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: - 3 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 50,000 2. Medical expenses 43,620 3. Food, Nourishment and attendant charges 34,000 4. Transportation charges 5,000 5. Loss of income during the period of treatment 53,000 6. Loss of future income due to permanent disabilities 2,27,304 7. Loss of amenities 90,000 Total 5,02,924 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 13% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered amputation of right great toe. 6. Since the PW.2 assessed 15% disability to the whole body, by considering the injuries sustained and the amputation of right great toe, I deem it just and appropriate to reassess - 4 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 the disability at 15% instead of 13% assessed by the Tribunal. Accordingly, the disability suffered by the claimant would be at 15%. 7. The Tribunal has determined the monthly income, notionally at Rs.13,250/- per month. 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 2020, would be Rs.14,500/-. 8. As the claimant was aged 55 years, the Tribunal has rightly applied a multiplier of '11'. Consequently, the claimant would be entitled to a sum of Rs.2,87,100/- (14,500 x 12 x 11 x 15%) towards 'loss of future income' as against the sum of Rs.2,27,304/- awarded by the Tribunal. 9. 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.50,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 10. The sum awarded as medical expenses at Rs.43,620/- being based on the documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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 50,000 60,000 2. Medical expenses 43,620 43,620 3. Food, Nourishment and attendant charges 34,000 34,000 4. Transportation charges 5,000 5,000 5. Loss of income during the period of treatment 53,000 53,000 6. Loss of future income due to permanent disabilities 2,27,304 2,87,100 7. Loss of amenities 90,000 90,000 Total 5,02,924 5,72,720 - 6 - HC-KAR CNR: KAHC010129302022 NC: 2026:KHC:42980 MFA No. 2637 of 2022 13. Thus, the claimant is held entitled to the total compensation of Rs.5,72,720/- as against Rs.5,02,924/-, 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 CR List No.: 1 Sl No.: 12