- 1 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3555 OF 2021(MV-I) BETWEEN: SRI. SHRIDHAR S/O SOMAYYA GONDA AGED ABOUT 30 YEARS R/O THOTADAMAKKI HADUVALLI VILLAGE BHATKAL TALUK, U.K DISTRICT …APPELLANT (BY SRI. NAGARAJA H.R, ADVOCATE) AND: 1. VENKATRAMANA BHAT M. S. S/O M SUBRAMANYA BHAT AGE MAJOR R/O V.R.PARCEL MOOVERS ANSARI CROSS ROAD BUNDER, MANGALORE 2. UNITED INDIA INSURANCE CO LTD BRANCH OFFICE KUNDAPURA SHREE NARASIMHA COMPLEX. NH-66, OPP. KSRTC DEPOT VODERHOBLI, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 KUNDAPURA REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R1, VIDE COURT ORDER DATED 18.08.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.30.11.2019 PASSED IN MVC NO.817/2017 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, KUNDAPURA, 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.6,41,593/- 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: - 3 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Loss of income due to disability (9000 X 12 X 17 X 21%) 3,85,560 2. Towards pain and suffering 50,000 3. Towards medical expenses 1,25,033 4. Towards conveyance, diet and attendants charges 25,000 5. Towards loss of income during laid up period 36,000 6. Towards future medical expenses 20,000 Total 6,41,593 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 21% to the whole body. 5. The Tribunal has determined the monthly income, notionally at Rs.9,000/- 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 2017, would be Rs.11,000/-. - 4 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 6. Since the claimant has suffered 21% disability and is aged about 28 years, 40% future prospects requires to be added to the said income, which would be Rs.15,400/- (11,000/- + 40%). Thus, the income of the claimant would be Rs.15,400/-. 7. As the claimant was aged 28 years, the Tribunal has rightly applied a multiplier of '17'. Consequently, the claimant would be entitled to a sum of Rs.6,59,736/- (15,400 x 12 x 17 x 21%) towards 'loss of future income' as against sum of Rs.3,85,560/- awarded by the Tribunal. 8. Having regard to the lasting effects of the injuries on the claimant, I deem it just and appropriate to award sum of Rs.30,000/- towards 'loss of amenities'. 9. The sum awarded as medical expenses at Rs.1,25,033/- being based on the documentary evidence, do not call for modification and hence confirmed. 10. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 5 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 11. 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 income due to disability 3,85,560 6,59,736 2. Towards pain and suffering 50,000 50,000 3. Towards medical expenses 1,25,033 1,25,033 4. Towards conveyance, diet and attendants charges 25,000 25,000 5. Towards loss of income during laid up period 36,000 36,000 6. Towards future medical expenses 20,000 20,000 7. Loss of amenities --- 30,000 Total 6,41,593 9,45,769 12. Thus, the claimant is held entitled to the total compensation of Rs.9,45,769/- as against Rs.6,41,593/-, along with interest at the rate of 6% per annum excluding the - 6 - HC-KAR CNR: KAHC010230622020 NC: 2026:KHC:44741 MFA No. 3555 of 2021 interest on future medical expenses from the date of petition till its realization. 13. 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. 14. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 3