- 1 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7794 OF 2022(MV-I) BETWEEN: MR MOHAMMED HANEEF S/O T.H. ISMAIL AGED 36 YEARS R/O BATTAYADKA HOUSE KALKATTA, MANJANADY VILLAGE MANGALURU …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. THE ORIENTAL INSURANCE COMPANY LTD KRISHNA PRASAD BUILDING 3RD FLOOR, M.G. ROAD, LALBAGH, MANGALURU 575001 REPRESENTD BY ITS MANAGER 2. MR. HAMMAD KUNHI S/O K. MOIDIN KUNHI AGED MAJOR R/AT 3/72, THABSIRA MANZIL MAZEED ROAD, MONTE PADAVU MANJANADY, MANGALANATHI MANGALURU-574 237 …RESPONDENTS (BY SRI. B.S UMESH, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED. 26.07.2022, PASSED IN MVC NO.1794/2019, ON THE FILE OF THE III-ADDITIONAL SENIOR CIVIL JUDGE AND MEMBER, MACT, MANGALURU, D.K. 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.4,25,560/- awarded by III Addl. Senior Civil Judge and Member, MACT, Mangaluru, D.K. (for short ‘the Tribunal’) in MVC No.1794/2019 dated 26.07.2022, is in appeal. 2. The fact that the accident occurred and the 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. Loss of earning capacity 2,68,800 2. Pain and suffering 30,000 3. Medical expenses 38,260 4. Future medical expenses 10,000 - 3 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 5. Food, attendant and conveyance charges 21,500 6. Loss of income during treatment 42,000 7. Loss of amenities of life 15,000 Total 4,25,560 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability at 10% to the whole body. 5. I have perused the evidence of PW.2-Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered fracture of right femur, fracture of 2nd, 3rd, 4th metacarpal of right hand, laceration 15x3 cm muscle deep over right foot, over its inner aspect, abrasion 4x3 cam over right hand and puncture wound 2x2 cm over the distal third of right lower leg. 6. Since the Doctor has assessed the disability at 32% to the whole body, the Tribunal has assessed the disability at 10% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I deem it appropriate to assess the disability at 15%. - 4 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 7. As the claimant had failed to produce any cogent document to substantiate that he was earning Rs.30,000/- per month, the Tribunal, as per the chart of Karnataka State Legal Services Authority and since the accident had taken place in the year 2019, has rightly assessed the monthly income of the claimant at Rs.14,000/-, which is just and proper. 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.4,03,200/- (14,000 x 12 x 16 x 15%) towards 'loss of future income'. 9. 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. 10. 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.15,000/- towards ‘loss of amenities’. - 5 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 11. As a consequence, a sum of Rs.10,000/- awarded by the Tribunal towards 'future medical expenses' would also stand enhanced to Rs.25,000/-. 12. The sum awarded as ‘medical expenses’ at Rs.38,260/-, being based on documentary evidence, is affirmed and a sum of Rs.42,000/- towards 'loss of income during laid up period' and Rs.21,500/- towards 'food, attendant and conveyance charges' awarded by the Tribunal are also affirmed. 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. Loss of earning capacity 2,68,800 4,03,200 2. Pain and suffering 30,000 50,000 3. Medical expenses 38,260 38,260 4. Future medical expenses 10,000 25,000 5. Food, attendant and conveyance charges 21,500 21,500 6. Loss of income during treatment 42,000 42,000 7. Loss of amenities of life 15,000 30,000 Total 4,25,560 6,09,960 - 6 - HC-KAR CNR: KAHC010527622022 NC: 2026:KHC:40466 MFA No. 7794 of 2022 14. Thus, the claimant is held entitled to the total compensation of Rs.6,09,960/- as against Rs.4,25,560/-, 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 amount in deposit, if any, shall be transmitted to the Tribunal. 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.: 13