- 1 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.1104 OF 2020(MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.1095 OF 2020(MV-I) IN MFA No. 1104/2020 BETWEEN: SRI. KUMAR S/O SIDDASHETTY AGED ABOUT 41 YEARS R/O BYRAPURA VILLAGE, T.NARASIPURA TALUK, MYSURU DISTRIC-570 001. …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. SRI. KIRAN S/O SANJEEVKUMAR AGED ABOUT 28 YEARS, R/AT D.NO.12/S4, SRI NARAYANA APARTMENT V ENKATESWARA NAGARA, 1ST STAGE, VIRUGAMBAKKAM, CHENNAI-600 092 TAMILNADU STATE. 2. S.GIRIJA D/O SANJEEVKUMAR AGED ABOUT 39 YEARS, R/AT D.NO.12/S4, SRI NARAYANA APARTMENT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 VENKATESWARA NAGARA EXTN-1 VIRUGAMBAKKAM, CHENNAI 600 092 TAMILNADU STATE. …RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3, VIDE ORDER DATED 22.06.2023, NOTICE TO R1 & R3 ARE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2018 PASSED IN MVC NO.441/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, M.A.C.T., T.NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. IN MFA NO. 1095/2020 BETWEEN: SRI. RAJU S/O GURUSIDDAIAH R/O D NO 75 NEW EXTN, BYRAPURA VILLAGE, T .NARASIPURA TALUK, MYSURU DISTRICT-570 001. ...APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. SRI. KIRAN S/O SANJEEVKUMAR AGED ABOUT 27 YEARS, R/AT D.NO.12/S4, SRI NARAYANA APARTMENT VENKATESWARA NAGARA, 1ST STAGE, VIRUGAMBAKKAM CHENNAI 600 092, TAMILNADU STATE - 3 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 2. S.GIRIJA D/O SANJEEVKUMAR AGED ABOUT 38 YEARS R/AT D.NO.12/S4 SRI NARAYANA APARTMENT VENTESWARA NAGAR EXTN-1, VIRUGAMBAKKAM, CHENNAI-600 092. TAMILNADU STATE 3. UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD., NO.363 1ST FLOOR, GURUKAR DEVAMMA STREET, FORT MOHALLA MYSURU-570 004. ...RESPONDENTS (BY SRI. S.V. HEGDE MULKHAND, ADVOCATE FOR R3, VIDE ORDER DATED 22.11.22, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 27.04.2018 PASSED IN MVC NO.442/2016 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC AND MACT, TIRUMAKUDALU NARASIPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT These two appeals are arising out of common judgment and award dated 27.04.2018 passed in MVC No.441/2016 and MVC No.442/2016 by the Court of Senior Civil Judge and MACT, - 4 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 Tirumakudalu Narasipura (for short, ‘the Tribunal’), whereby the Tribunal partly allowed the claim petitions filed by the claimants by awarding compensation of Rs.6,63,057/- in MVC No.441/2016 and Rs.4,55,731/- in MVC No.442/2016 with interest at the rate of 9% per annum. MFA No.1104/2020 is preferred by the claimant in MVC No.441/2016 and MFA No.1095/2020 is preferred by the claimant in MVC No.442/2016. Being dissatisfied with the compensation awarded by the Tribunal, the claimants are in appeals. 2. The fact that the accident occurred and further fact that the offending vehicle was insured are not in dispute. IN MFA NO.1104/2020 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 50,000 2. Loss of amenities 30,000 3. Loss of income during laid up period 21,000 4. Attendant’s charges, diet, conveyance 14,000 - 5 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 5. Medical bills and hospitalization charges 2,91,657 6. Future medical expenses 80,000 7. Loss of future income 1,76,400 TOTAL 6,63,057 4. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered disability to the extent of 15% to the whole body. Having regard to the injuries suffered by the claimant and having considered the evidence of PW.3-Docotor, I am of the considered view that the Tribunal has rightly assessed the disability of the claimant at 15%. 5. The Tribunal has determined the monthly income of the claimant at Rs.7,000/-. 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 2015, would be Rs.9,000/-. 6. As the claimant was aged 43 years, the Tribunal has rightly applied a multiplier of '14'. Consequently, the claimant would be entitled to a sum of Rs.2,26,800/- (9,000 x - 6 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 12 x 14 x 15%) towards 'loss of future income' as against the sum of Rs.1,76,400/-. 7. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.60,000/- towards ‘pain and suffering’ as against Rs.50,000/- awarded by the Tribunal. 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards ‘loss of amenities’ as against Rs.30,000/- awarded by the Tribunal. 9. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.40,000/- towards ‘Attendant’s charges, diet, conveyance’ as against Rs.14,000/- awarded by the Tribunal. 10. As a consequence, the amount of Rs.21,000/- awarded by the Tribunal towards ‘loss of income during laid up period’ would also sand enhanced to Rs.27,000/- (9,000 X 3 months) treating the laid up period as three months. - 7 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 11. The sum of Rs.2,91,657/- awarded by the Tribunal towards ‘medical bills and hospitalization charges’ being based on documentary evidence, is affirmed. 12. The sum awarded under the head 'future medical expenses' remain unaltered. 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. Pain and suffering 50,000 60,000 2. Loss of amenities 30,000 40,000 3. Loss of income during laid up period 21,000 27,000 4. Attendant’s charges, diet, conveyance 14,000 40,000 5. Medical bills and hospitalization charges 2,91,657 2,91,657 6. Future medical expenses 80,000 80,000 7. Loss of future income 1,76,400 2,26,800 TOTAL 6,63,057 7,65,457 14. Thus, the claimant is held entitled to the total compensation of Rs.7,65,457/- as against Rs.6,63,957/-. The - 8 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. IN MFA NO.1095/2020 1. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and suffering 50,000 2. Loss of amenities 30,000 3. Loss of income during laid up period 14,000 4. Attendant’s charges, diet, conveyance 11,000 5. Medical bills and hospitalization charges 2,24,731 6. Loss of future income 1,26,000 TOTAL 4,55,731 2. The Tribunal, on an analysis of medical evidence, has concluded that the claimant has suffered disability to the extent of 10% to the whole body. Having regard to the injuries suffered by the claimant and having considered the evidence of PW.3-Docotor, Ex.P11-wound certificate and Ex.P14-discharge summary that the claimant has sustained disc space reduction - 9 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 at C6-C7 vertebra, degenerative marginal osteophytes noted at CR, C%, C6 vertebra and fracture of anterior and posterior bony margins of foramen transversarium of C4 vertebra on right side, I deem it appropriate to assess the disability of the claimant at 15% instead of 10%, as assessed by the Tribunal. 3. The Tribunal has determined the monthly income of the claimant, notionally at Rs.7,000/-. 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 2015, would be Rs.9,000/-. 4. As the claimant was aged 40 years, the Tribunal has rightly applied a multiplier of '15'. Consequently, the claimant would be entitled to a sum of Rs.2,43,000/- (9,000 x 12 x 15 x 15%) towards 'loss of future income' as against the sum of Rs.1,26,000/-. 5. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of - 10 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 Rs.60,000/- towards ‘pain and suffering’ as against Rs.50,000/- awarded by the Tribunal. 6. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.40,000/- towards ‘loss of amenities’ as against Rs.30,000/- awarded by the Tribunal. 7. Having regard to the length of the stay of the claimant in the hospital, the claimant would be entitled to a sum of Rs.20,000/- towards ‘Attendant’s charges, diet, conveyance’ as against Rs.11,000/- awarded by the Tribunal. 8. As a consequence, the amount of Rs.14,000/- awarded by the Tribunal towards ‘loss of income during laid up period’ would also sand enhanced to Rs.27,000/- (9,000 X 3 months) treating the laid up period as three months. 9. The sum of Rs.2,24,731/- awarded by the Tribunal towards ‘medical bills and hospitalization charges’ being based on documentary evidence, is affirmed. - 11 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 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. Pain and suffering 50,000 60,000 2. Loss of amenities 30,000 40,000 3. Loss of income during laid up period 14,000 27,000 4. Attendant’s charges, diet, conveyance 11,000 20,000 5. Medical bills and hospitalization charges 2,24,731 2,24,731 6. Loss of future income 1,26,000 2,43,000 TOTAL 4,55,731 6,14,731 12. Thus, the claimant is held entitled to the total compensation of Rs.6,14,731/- as against Rs.4,55,731/-. The enhanced compensation shall carry interest at the rate of 6% per annum 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 in both the appeals. - 12 - HC-KAR CNR: KAHC010512612019 NC: 2026:KHC:44356 MFA No. 1104 of 2020 C/W MFA No. 1095 of 2020 14. The appeals are accordingly allowed in part. The apportionment of compensation amount shall be in terms of the award of the Tribunal in both the appeals. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 3