- 1 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.2905 OF 2021(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.3260 OF 2021(MV-I) IN MFA No. 2905/2021 BETWEEN: MR. SHADATH @ SADATH @ SHAZDHA S/O LATE GAFUR SAB, NOW AGED ABOUT 46 YEARS, RESIDING AT GUDIPALLI VILLAGE, MULBAGAL TALUK, KOLAR DISTRICT …APPELLANT (BY SRI. GOPAL KRISHNA N, ADVOCATE) AND: 1. SMT. SUJATHA B V W/O GUNDANNA K, MAJOR BY AGE, RESIDING AT SRI GURU SADANA, VALLABAI ROAD, SRINIVASAPURA TOWN, KOLAR DISTRICT-563 135 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 2. UNIVERSAL SOMPO GENERAL INSURANCE CO LTD OLD MADRAS ROAD, NEAR KANNADA GOVT SCHOOLD INDIRANAGAR, BENGALURU 560038 REP BY ITS MANAGER …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.04.2019 PASSED IN MVC NO.5851/2017 ON THE FILE OF THE III ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 3260/2021 BETWEEN: MR. BASHEER @ BASHEER SAB, S/O BASHU SAB, NOW AGED ABOUT 64 YEARS, RESIDING AT GUDIPALLI VILLAGE, MULABAGAL TALUK, KOLAR DISTRICT ...APPELLANT - 3 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 (BY SRI. GOPAL KRISHNA N, ADVOCATE) AND: 1. SMT. SUJATHA B V W/O GUNDANNA K, MAJOR BY AGE, RESIDING AT SRI GURU SADANA, VALLABAI ROAD, SRINIVASAPURA TOWN, KOLAR DISTRICT 563 135 2. UNIVERSAL SOMPO GENERAL INSURANCE CO LTD OLD MADRAS ROAD, NEAR KANNADA GOVT SCHOOL INDIRANAGAR, BENGALURU 560038 REP BY ITS MANAGER ...RESPONDENTS (BY SRI. B.PRADEEP, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.04.2019 PASSED IN MVC NO.5852/2017 ON THE FILE OF THE III ADDITIONAL JUDGE, MEMBER, COURT OF SMALL CAUSES, MACT, BENGALURU, (SCCH-18), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 4 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT IN M.F.A.NO.2905: 1. The claimant, being dissatisfied with the compensation of Rs.2,68,500/- 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: Sl. No. Particulars Amount in (Rs.) 1. Towards Pain and suffering 35,000 2. Towards loss of amenities 20,000 3. Towards attendant, nourishment an conveyance charges 10,000 4. Towards medical expenses 54,800 - 5 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 5. Towards Loss of future income 1,21,700 6. Towards loss of income during laid up period and rest period 12,000 7. Towards future medical expenses 15,000 Total 2,68,500 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 13% to the whole body. 5. I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from type I comminuted fracture of junction of middle 1/3rd and distal 1/3rd of right femur and open type I comminuted fracture of right patella. 6. Since the Doctor has assessed the disability to the whole body at 15.02% and considering the nature and gravity of injuries, it would be just and appropriate to assess the disability at 15%. Accordingly, the disability suffered by the claimant would be at 15%% - 6 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 7. The Tribunal has determined the monthly income, notionally at Rs.6,000/- 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 2015, would be Rs.9,000/- 8. As the claimant was aged 50 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant would be entitled to a sum of Rs.2,10,600/- (9,000 x 12 x 13 x 15%) towards 'loss of future income'. 9. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.27,000/- (9,000 X 3 months) towards 'loss of income during the laid up period'. 10. 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.35,000/- awarded by the Tribunal. - 7 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'loss of amenities', as against the sum of Rs.20,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.54,800/- being based on the documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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. Towards Pain and suffering 35,000 50,000 2. Towards loss of amenities 20,000 40,000 3. Towards attendant, nourishment an conveyance charges 10,000 10,000 - 8 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 4. Towards medical expenses 54,800 54,800 5. Towards Loss of future income 1,21,700 2,10,600 6. Towards loss of income during laid up period and rest period 12,000 27,000 7. Towards future medical expenses 15,000 15,000 Total 2,68,500 4,07,400 15. Thus, the claimant is held entitled to the total compensation of Rs.4,07,400/- as against Rs.2,68,500/-. The enhanced compensation shall carry 6% interest 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. IN M.F.A.NO.3260/2021: 17. The claimant, being dissatisfied with the compensation of Rs.3,58,200/- awarded by the Tribunal, is in appeal. - 9 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 18. The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute. 19. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Towards Pain and suffering 60,000 2. Towards loss of amenities 30,000 3. Towards medical expenses 1,23,000 4. Towards attendant, nourishment an conveyance charges 15,000 5. Towards Loss of future income 97,200 6. Towards loss of income during laid up period and rest period 18,000 7. Towards future medical expenses 15,000 Total 3,58,200 20. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 15% to the whole body. - 10 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 21. I have perused the evidence of the Doctor - PW.3 and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: a) Open type II fracture of right tibia. b) Closed segmental fracture of right femur (shaft distal femur). c) Open type II fracture 2nd, 3rd, 4th and 5th right metacarpal with proximal phalynx of 2nd finger. d) Fracture of right accetabulam. 22. Since the Doctor has assessed the disability to the whole body at 19.56% and considering the nature and gravity of injuries, it would be just and appropriate to assess the disability at 19%. Accordingly, the disability suffered by the claimant would be at 19%. 23. The Tribunal has determined the monthly income, notionally at Rs.6,000/- 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 - 11 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 Authority, which, for the accident of the year 2015, would be Rs.9,000/- 24. As the claimant was aged 60 years, the Tribunal has rightly applied a multiplier of '9'. Consequently, the claimant would be entitled to a sum of Rs.1,84,680/- (9,000 x 12 x 9 x 19%) towards 'loss of future income'. 25. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.27,000/- (9,000 X 3 months) towards 'loss of income during the laid up period'. 26. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards 'loss of amenities', as against the sum of Rs.30,000/- awarded by the Tribunal. 27. The sum awarded as medical expenses at Rs.1,23,000/- being based on the documentary evidence, do not call for modification and hence confirmed. - 12 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 28. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 29. 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. Towards Pain and suffering 60,000 60,000 2. Towards loss of amenities 30,000 40,000 3. Towards medical expenses 1,23,000 1,23,000 4. Towards attendant, nourishment an conveyance charges 15,000 15,000 5. Towards Loss of future income 97,200 1,84,680 6. Towards loss of income during laid up period and rest period 18,000 27,000 7. Towards future medical expenses 15,000 15,000 Total 3,58,200 4,64,680 - 13 - HC-KAR CNR: KAHC010221722021 NC: 2026:KHC:39223 MFA No. 2905 of 2021 C/W MFA No. 3260 of 2021 30. Thus, the claimant is held entitled to the total compensation of Rs.4,64,680./- as against Rs.3,58,200/-. The enhanced compensation shall carry 6% interest per annum from the date of petition till its realization. However, it is made clear that, the appellant is not entitled for interest for the delayed period. 31. 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.: 34