- 1 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 of 2021 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.4036 OF 2021(MV-I) BETWEEN: GURUMURTHY @ GURUMURTHY YADAV S/O JAYAPPA S D, AGED ABOUT 32 YEARS, OCC: COOLIE WORK, PRESENTLY NIL, R/O IGOOR GOLLARAHATTY VILLAGE, DAVANAGERE TALUK & DISTRICT-577 001 …APPELLANT (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. KARIBASAPPA S/O BASAPPA, AGED ABOUT 41 YEARS, RIDER OF BIKE BEARING NO.KA-17/U-0430, R/O GUDALU VILLAGE, DAVANAGERE TALUK & DISTRICT-577 001 2. G.B KALLESH S/O BASAPPA, AGED ABOUT 54 YEARS, OWNER OF BIKE BEARING NO.KA-17/U-0430, R/O GUDALU VILLAGE, DAVANAGERE TALUK AND DISTRICT-577 001 3. THE DIVISIONAL MANAGER NATIONAL INSURANCE CO LTD., DIVISIONAL OFFICE, MELAGIRI PLAZA, OPPOSITE DENTAL COLLEGE, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 of 2021 MCC B BLOCK, DAVANAGERE-577 001 …RESPONDENTS (BY SRI. K.N. SRINIVASA, ADVOCATE FOR R3, NOTICE TO R1 & R2 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.23.11.2020 PASSED IN MVC NO.864/2019 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND IV MACT, DAVANAGERE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND 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.1,89,000/- awarded by the Tribunal in MVC No.864/2019 dated 23.11.2020, 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. Loss of future earning capacity 2,24,400 2. Pain and sufferings 30,000 - 3 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 of 2021 3. Loss of amenities 20,000 4. Medical expenses 73,588 5. Conveyance and nourishment 10,000 6. Loss of laid up period 20,000 Sub-Total 3,77,988 Rounded off to 3,78,000 (-) 50% contributory negligence of the claimant 1,89,000 TOTAL 1,89,000 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 11% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate/disability certificate. The same depict that the claimant has suffered fracture of tibia and fibula of right leg. 6. Since the Doctor has assessed the physical disability at 33% to the right leg, the Tribunal has assessed the disability at 11% to the whole body. Having regard to the nature of the injuries sustained by the claimant, I deem it appropriate to assess the disability of the claimant at 13%. - 4 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 of 2021 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/-. 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 2019, would be Rs.14,000/-. 8. As the claimant was aged 30 years, appropriate multiplier would be ‘17’. Accordingly, the compensation towards 'loss of future income' works out to Rs.3,71,280/- (Rs.14,000 x 12 x 17 x 13%). 9. As a consequence, the amount of Rs.20,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (14,000 X 3 months), considering the laid up period as three months. 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.30,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 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.30,000/- 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.73,588/-, being based on documentary evidence, do not call for modification and hence confirmed. 13. Since the claimant requires surgery for removal of implant, I deem it appropriate to award Rs.15,000/- towards 'future medical expenses'. 14. The sum awarded under the head 'conveyance and nourishment' remain unaltered. 15. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Particulars Amount in (Rs.) 1. Loss of future earning capacity 3,71,280 2. Pain and sufferings 50,000 3. Loss of amenities 30,000 4. Medical expenses 73,588 - 6 - HC-KAR CNR: KAHC010310732021 NC: 2026:KHC:42606 MFA No. 4036 of 2021 5. Conveyance and nourishment 10,000 6. Loss of laid up period 42,000 7. Future medical expenses 15,000 Sub-Total 5,91,868 (-) 50% contributory negligence of the claimant 2,95,934 TOTAL 2,95,934 16. Thus, the claimant is held entitled to the total compensation of Rs.2,95,934/- as against Rs.1,89,000/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 17. 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 HKV List No.: 1 Sl No.: 30