- 1 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 378 OF 2022 (MV-I) BETWEEN: VITTAL POOJARY S/O ANNAYYA POOJARY AGED ABOUT 53 YEARS R/AT 3-42, BIRTHI BRAHMAVAR, VARAMBALLI UDUPI TALUK UDUPI DISTRICT - 574106 …APPELLANT (BY SRI. PRATHEEP K.C, ADVOCATE) AND: 1. M/S SCHEDULERS LOGISTICS INDIA PVT LTD HOUSE NO. 2850/C, AT AKURLI VILLAGE NEW PANVEL DIST-RAIGAD RAIGAD, MAHARASTRA-410 206 2. THE ICICI LOMBARD GEN.INS.CO LTD DIVISIONAL MANAGER DIVISIONAL OFFICE 2ND FLOOR, HIND TOWER OPP. HEAD POST OFFICE UDUPI-576 101 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, SERVICE OF NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.10.2021 PASSED IN MVC NO. 47/2018 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND ADDITIONAL MACT, UDUPI, 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.3,34,817/- awarded by the Tribunal in MVC No.47/2018 dated 06.10.2021, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicles 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. Medical expenses relating to treatment and hospitalization and medicines 29,921 2. Special diet and nourishment 3,450 - 3 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 3. Loss of income during the laid up period 10,800 4. Pain and sufferings 25,000 5. Loss of amenities 25,000 6. Future loss of income 2,34,046 7. Attendant charges 2,800 8. Conveyance charges 3,800 Total 3,34,817 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 16.67% to the whole body. Since the Doctor has assessed the disability at 50%, the Tribunal has rightly assessed the disability of the claimant at 16.67% rounded off to 17% to the whole body. 5. The Tribunal has determined the monthly income of the claimant, notionally at Rs.9,000/-. 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 2017, would be Rs.11,000/-. - 4 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 6. As the claimant was aged 50 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,91,720/- (11,000 x 12 x 13 x 17%) towards 'loss of future income' as against Rs.2,34,046/- awarded by the Tribunal. 7. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 8. As a consequence, the claimant would be entitled to a sum of Rs.33,000/- towards 'loss of income during the laid up period' (Rs.14,000 X 3 months) as against Rs.10,800/- awarded by the Tribunal, considering the laid up period as six months. 9. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.40,000/- as against Rs.25,000/- towards ‘loss of amenities’. - 5 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 10. The sums awarded as 'medical expenses' at Rs.29,921/-, being based on documentary evidence, do not call for modification and hence confirmed. 11. The sums awarded under the heads 'special diet and nourishment', attendant charge' and 'conveyance charge' remain unaltered. 12. 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 relating to treatment and hospitalization and medicines 29,921 29,921 2. Special diet and nourishment 3,450 3,450 3. Loss of income during the laid up period 10,800 33,000 4. Pain and sufferings 25,000 50,000 5. Loss of amenities 25,000 40,000 6. Future loss of income 2,34,046 2,91,720 7 Attendant charges 2,800 2,800 - 6 - HC-KAR CNR: KAHC010018172022 NC: 2026:KHC:45842 MFA No. 378 of 2022 8. Conveyance charges 3,800 3,800 Total 3,34,817 4,54,691 13. Thus, the claimant is held entitled to the total compensation of Rs.4,54,691/- as against Rs.3,34,817/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 14. 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. 15. The appeal is accordingly allowed in part. The apportionment of compensation amount shall be in terms of the award of the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 10