- 1 - HC-KAR CNR: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3013 OF 2020(MV-I) BETWEEN: SRI AJAY BHANDARY S/O MAHABALA BHANDARY AGED ABOUT 47 YEARS, R/O "SHIVA CHAYA" NANDALIKE VILLAGE KARKALA TALUK UDUPI DISTRICT …APPELLANT (BY SRI. NAGARAJA H.R, ADVOCATE) AND: 1. SMT SHWETHA SALIAN W/O DINESH, AGED ABOUT 41 YEARS, R/O H NO. 24-63 A2 "SHRI PRASAD", MOODABETTU KODAVOOR POST, UDUPI TALUK 2. M/S UNITED INDIA INSURANCE CO. LTD BRANCH OFFICE KUNDAPURA SRI LAXMI VENKATESH COMPLEX, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 NH-66, VADERHOBLI, KUNDAPURA REP BY ITS BRANCH MANAGER …RESPONDENTS (BY SRI. S. KRISHNA KISHORE, ADVOCATE FOR R2, R1 - SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.07.2019 PASSED IN MVC NO.1041/2017 ON THE FILE OF THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, UDUPI, (SITTING AT KUNDAPURA), KUNDAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.12,69,000/- 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: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 Sl. No. Particulars Amount in (Rs.) 1. Injury, pain and sufferings 1,00,000 2. Medical expenses 6,10,057 3. Future medical expenses 44,000 4. Loss of earning during treatment 22,500 5. Loss of bed rest 90,000 6. Loss of future earning capacity 3,02,400 7. Loss of amenities 50,000 8. Conveyance, Nourishment and Attendant charges 50,000 Total 12,68,957 Rounded off to 12,69,000 4. The Tribunal, on an analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 20% to the whole body. 5. The Tribunal has determined the monthly income, 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 - 4 - HC-KAR CNR: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 6. Since the claimant has suffered 20% disability and is aged about 45 years, 25% future prospects requires to be added to the said income, which would be Rs.13,750/- (11,000/- + 25%). Thus, the income of the claimant would be Rs.13,750/-. 7. As the claimant was aged 45 years, the Tribunal has rightly applied the multiplier of '14'. Consequently, the claimant would be entitled to a sum of Rs.4,62,000/- (Rs.13,750 x 12 x 14 x 20%) towards 'loss of future income' as against sum of Rs.3,02,400/-. 8. The sum awarded as medical expenses at Rs.6,10,057/- being based on the documentary evidence, do not call for modification and hence confirmed. 9. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 5 - HC-KAR CNR: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 10. 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. Injury, pain and sufferings 1,00,000 1,00,000 2. Medical expenses 6,10,057 6,10,057 3. Future medical expenses 44,000 44,000 4. Loss of earning during treatment 22,500 22,500 5. Loss of bed rest 90,000 90,000 6. Loss of future earning capacity 3,02,400 4,62,000 7. Loss of amenities 50,000 50,000 8. Conveyance, Nourishment and Attendant charges 50,000 50,000 Total 12,68,957 14,28,557 Rounded off to 12,69,000 - 6 - HC-KAR CNR: KAHC010195972020 NC: 2026:KHC:45714 MFA No. 3013 of 2020 11. Thus, the claimant is held entitled to the total compensation of Rs.14,28,557/- as against Rs.12,69,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization excluding interest on the sum of Rs.44,000/- awarded towards future medical expenses. 12. 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 CR List No.: 1 Sl No.: 23