- 1 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 7413 OF 2022 (MV) BETWEEN: SRI. RAGHU. R S/O. SRI. RAJANNA, AGED ABOUT 33 YEARS, RESIDING AT INDIRANAGAR, 11TH CROSS, KYTHASANDRA, TUMKUR TALUK & DISTRICT, PIN-572 104. …APPELLANT (BY SRI. CHANDRASHEKARAIAH B, ADVOCATE) AND: 1. M/S. UNITED INDIA INSURANCE COMPANY LTD., REPRESENTED BY ITS MANAGER, REGIONAL OFFICE AT KRUSHI BHAVAN, 5TH AND 6TH FLOOR, HUDSON CIRCLE, NEXT TO ACMM COURT, BENGALURU-560 001. 2. SRI. BHARATH GOWDA. C S/O. CHANDRAMOULESHWARA S. M., (AGED OF R-2 NOT KNOWN TO APPELLANT) RESIDING AT SINGANAHALLI, HEREHALLI, TUMKUR-572 104. …RESPONDENTS (BY SRI. L SREEKANTA RAO, ADVOCATE FOR R1) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THEJUDGMENT AND AWARD DT.01.07.2022 PASSED IN MVC NO.2738/2019 ON THE FILE OF THE I ADDITIONAL SMALL CAUSES JUDGE AND MACT, BENGALURU, (SCCH-11), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, 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.2,38,154/- awarded by the Tribunal, vide judgment and award dated 01.07 2022 in MVC No.2738/2019, 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 sufferings 40,000 2. Medical expenses 41,034 3. Food, nourishment and attendant charges 1,600 - 3 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 4. Conveyance 10,000 5. Loss of income during the laid up period 28,000 6. Loss of future earning 1,07,520 7. Loss of amenities in life 10,000 Total 2,38,154 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 4% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has sustained fracture of 2nd, 3rd and 4th metacarpal bones of the right hand. 6. Since the Doctor has assessed the disability to the whole body at 6.3% and having regard to the nature of injuries suffered and the avocation of the claimant, it would be just and appropriate to assess the disability at 7%. 7. Since there was no credible evidence to substantiate the actual income of the claimant, the Tribunal has rightly - 4 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 determined the income of the claimant by taking the notional income as fixed by Karnataka State Legal Services Authority, which, for an accident of the year 2019, would be Rs.14,000/-. 8. As the claimant was aged 33 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,88,160/- (Rs.14,000 x 12 x 16 x 7%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 X 3 months) treating laid up period to be three months. 10. The a sum of Rs.40,000/- towards 'pain and suffering' awarded by the Tribunal, being just and proper, stands affirmed. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.25,000/- towards 'loss of amenities', as against the sum of Rs.10,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 12. 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.12,000/- as against the sum of Rs.11,600/- awarded by the Tribunal. 13. The sum of Rs.41,034/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 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 the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 40,000 40,000 2. Medical expenses 41,034 41,034 3. Food, nourishment and attendant charges Conveyance 1,600 10,000 12,000 - 6 - HC-KAR CNR: KAHC010497552022 NC: 2026:KHC:42068 MFA No. 7413 of 2022 5. Loss of income during the laid up period 28,000 42,000 6. Loss of future earning 1,07,520 1,88,160 7. Loss of amenities in life 10,000 25,000 Total 2,38,154 3,48,194 15. Thus, the claimant is held entitled to the total compensation of Rs.3,48,194/- as against Rs.2,38,154./-, 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. Accordingly, the appeal is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS/List No.: 1 Sl No.: 26