- 1 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 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.7383 OF 2022(MV-I) BETWEEN: DARSHAN H.N S/O NAGESH H .C AGED ABOUT 20 YEARS R/AT 64, MADAPATANA KUSHALNAGAR SOMVARAPETE TALUK KODAGU DISTRICT 571 234 …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. SAJIDA B A D/O BASHIR AGED ABOUT 36 YEARS R/AT CHEERANGAY KADAPPURAM KUDLU KASARAGUDU DISTIRCT KERALA STATE-671 123 2. BRANCH MANAGER RELIANCE GENERAL INSURANCE CO LTD L 36/D, OPP NEAR KSRTC BUS STOP BENGALURU NILAGIRII ROAD, MYSURU 570 001 …RESPONDENTS (BY SRI. LAKSHMINARAYAN.C, ADVOCATE FOR R2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 of 2022 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.10.08.2022 PASSED IN MVC NO.161/2021 ON THE FILE OF THE ADDITIONAL SMALL CAUSES, SENIOR CIVIL JUDGE, MACT, MYSURU, 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.6,53,800/- awarded by the Tribunal, vide judgment and award dated 10.08.2022 in MVC No.161/2021 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. Expenses relating to treatment hospitalization and medication 1,85,000 2. Loss of earning during treatment (laid up period) 15,000 3. Loss of earning/future earnings on account of disability 3,88,800 - 3 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 of 2022 4. Damages for pain, suffering and trauma as a consequence of this injuries 40,000 5. Loss of amenities 10,000 6. Transportation, nourishment, attendant and miscellaneous expenditure 15,000 Total 6,53,800 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered functional disability to the extent of 12% 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 sustained fracture shaft of left femur, fracture proximal third radius shaft (L) and Fracture phalanx of left 2nd TOE. 6. Since the Doctor has assessed the disability to the upper limb at 19% and 33% to the left lower limb, it would be just and appropriate to assess the disability at 17%. - 4 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 of 2022 7. Since there was no credible evidence to substantiate the actual income of the claimant, the Tribunal has rightly 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 2021, would be Rs.15,000/-. 8. As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.5,50,800/- (Rs.15,000 x 12 x 18 x 17%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.15,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.45,000/- (Rs.15,000 X 3 months) treating 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.40,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of - 5 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 of 2022 Rs.30,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 12. The sum of Rs.15,000/- awarded towards 'Conveyance and attendant charges' by the Tribunal, being just and proper, stands affirmed. 13. The sum of Rs.1,85,000/- 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. Medical expenses 1,85,000 1,85,000 2. Laid up period 15,000 45,000 3. Loss of future income 3,88,800 5,50,800 4. Pain and suffering 40,000 50,000 5. Loss of amenities 10,000 30,000 - 6 - HC-KAR CNR: KAHC010495492022 NC: 2026:KHC:42061 MFA No. 7383 of 2022 6. Conveyance and attendant charges 15,000 15,000 Total 6,53,800 8,75,800 15. Thus, the claimant is held entitled to the total compensation of Rs.8,75,800/- as against Rs.6,53,800/-, 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.: 25