- 1 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6485 OF 2022 (MV-I) BETWEEN: 1. MR. JEEVAN SQUERA S/O BARNARD SEQUERA AGED ABOUT 24 YEARS HIMARADDA HOUSE LAILA, BELATHANGADI TOWN DAKSHINA KANNADA DISTRICT …APPELLANT (BY SRI. M V MAHESWARAPPA, ADVOCATE) AND: 1. SRI. PRASAD BALLAL S/O LATE SUBHASHA BALLAL MAJOR IN AGE M/S SUGUNA TOURIST R/O NO.257 A/1 HOSUR MAIN ROAD NEAR N H HOSPITAL BOMMASANDRA INDUSTRIAL AREA BENGALURU -560 099 2. THE BRANCH MANAGER ORIENTAL INSURANCE COM. LTD D A B -2 NO.44 SRI CHAMUNDESHWARI COMPLEX NEXT TO KAMAKYA THEATRE B S K 3RD STAGE 3RD PHASE BENGALURU -560 085 3. SRI. RAVI KUMAR S/O VENKATARAMU Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 AGED IN MAJOR NO.7, 2ND CROSS MARANNA LAYOUT THIPPENAHALLI DODDABIDARAKALLU BENGALURU -560 073 4. THE MANAGER SHRIRAM GENERAL INS CO LTD REGIONAL OFFICE NO.4/5 3RD FLOOR S V R ARCADE BELEKALLI MAIN ROAD BANNERAGHATTA MAIN ROAD IIM POST BENGALURU -560 076 5. RAVICHANDRA L S/O LAKSHMAIAH AGED ABOUT MAJOR R/AT NO.55 CHOWDASANDRA NELAMANGALA BENGALURU RURAL -562123 …RESPONDENTS (BY SRI. B C SHIVANNE GOWDA, ADVOCATE FOR R4; SRI. C SHANKARA REDDY, ADVOCATE FOR R2; NOTICE TO R5 IS SERVED AND UNREPRESENTED, NOTICE TO R1 & R3 DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 14.06.2022 PASSED IN MVC NO.5408/2019 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU SCCH-25, 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: - 3 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.5,19,700/- 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. Pain and sufferings 45,000 2. Medical expenses 1,49,647 3. Loss of income during laid up period 25,000 4. Loss of future income 2,70,000 5. Loss of future amenities and happiness 15,000 6. Attendant, conveyance, food and nourishment charges 15,000 Total 5,19,647 Rounded off to 5,19,700 - 4 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.5 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from dislocation of left knee with neurovascular. 6. Since the Doctor has assessed the disability to the whole body at 30.44%, considering the nature and gravity of injuries suffered by the claimant, I deem it just and appropriate to assess the disability at 15%. Accordingly, the disability suffered by the claimant would be at 15%. 7. The Tribunal has rightly determined the monthly income, notionally at Rs.12,500/- per month. 8. As the claimant was aged 24 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.4,05,000/- (12,500 x 12 x 18 x 15%) towards 'loss of future income'. - 5 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 9. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.37,500/- (12,500 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.45,000/- 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 Rs.30,000/- towards 'loss of amenities', as against the sum of Rs.15,000/- awarded by the Tribunal. 12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Attendant, conveyance, food and nourishment charges' at Rs.30,000/- as against the sum of Rs.15,000/- awarded by the Tribunal. 13. The Tribunal erred while considering the medical bills only at Rs.1,49,647/-, whereas Ex.P10 depicts that the claimant has spent sum of Rs.3,54,000/- towards his treatment. However, - 6 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 on careful examination of Ex.P10 - medical bills produced by the claimant are concerned, sum of Rs.1,00,000/- has to be added towards medical bills. Thus, the medical bill has to be considered at Rs.2,49,647/-. 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. Pain and sufferings 45,000 50,000 2. Medical expenses 1,49,647 2,49,647 3. Loss of income during laid up period 25,000 37,500 4. Loss of future income 2,70,000 4,05,000 5. Loss of future amenities and happiness 15,000 30,000 6. Attendant, conveyance, food and nourishment charges 15,000 30,000 Total 5,19,647 8,02,147 Rounded off to 5,19,700 - 7 - HC-KAR CNR: KAHC010428122022 NC: 2026:KHC:39315 MFA No. 6485 of 2022 15. Thus, the claimant is held entitled to the total compensation of Rs.8,02,147/- as against Rs.5,19,700/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. The Insurance Companies - respondent Nos.2 and 4 are directed to deposit the amount of compensation awarded equally 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.: 24