- 1 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 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.6044 OF 2022(MV-I) BETWEEN: SRI C N MANOJ KURNAR S/O NARAYANASWAMY NOW AGED ABOUT 29 YEARS RESIDING AT CHINNASANDRA VILLAGE CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT. …APPELLANT (BY SRI. GOPALAKRISHANA B, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. SRI C H SRINIVAS S/O HANUMAPPA, MAJOR RESIDING AT CHINNASANDRA VILLAGE & POST CHIKKABALLAPUR DISTRICT PIN CODE-563 125. 2. THE ROYAL SUNDARAM ALIIANCE INSURANCE COMPANY LTD., BRANCH OFFICE RAGHAVENDRA PLAZA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 1ST FLOOR, 1ST CROSS HOSUR MAIN ROAD WILSON GARDEN BANGALORE-560027. …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, VIDE ORDER DATED 24.08.2026, NOTICE TO R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 09.06.2022 PASSED IN MVC NO.3916/2019 ON THE FILE OF THE CHIEF JUDGE, COURT OF SMALL CAUSES, MEMBER, PRL. MACT, BENGALURU SCCH-1, 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.4,94,400/- 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 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 60,000 2. Medical expenses 1,94,400 3. Food and nourishment, attendant charges 11,000 4. Transportation charges 5,000 5. Loss of income during the treatment and rest period Rs.10,000 x 2 20,000 6. Loss of future income due to permanent disability 1000 X 12 X 17 2,04,000 Total 4,94,400 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.2, the wound certificate at Ex.P5, same depicts that the claimant has suffered from nasal bleed present, fracture of D9 with D8 - 4 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 spines process fracture of neeta unitable spine, D9 vertebral wedge compression, blunt trauma posterior lower chest and Ex.P7 - the discharge summary depicts that the claimant has sustained T9 wedge compression fracture with no neurological deficit. 6. Since the PW.2 - Doctor has stated that the claimant has sustained spine injury and disability could be assessed at 30%. However, considering the nature of the injuries suffered by the claimant and evidence of PW.2 - Doctor, I deem it just and appropriate to assess the disability at 15% instead of 10% as assessed by the Tribunal. Accordingly, the disability suffered by the claimant would be at 15%. 7. The Tribunal has determined the monthly income, notionally at Rs.10,000/- 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 2018, would be Rs.12,500/-. - 5 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 8. As the claimant was aged 26 years, the Tribunal has rightly applied a multiplier of '17'. Consequently, the claimant would be entitled to a sum of Rs.3,82,500/- (12,500 x 12 x 17 x 15%) towards 'loss of future income' as against sum of Rs.2,04,000/- awarded by the Tribunal. 9. Consequently, the claimant would be entitled to Rs.37,500/- (Rs.12,500 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. 10. Having regard to the lasting effects of the injuries on the claimant, I deem it just and proper to award a sum of Rs.30,000/- towards 'loss of amenities'. 11. The sum awarded as medical expenses at Rs.1,94,400/- being based on the documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 6 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 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 sufferings 60,000 60,000 2. Medical expenses 1,94,400 1,94,400 3. Food and nourishment, attendant charges 11,000 11,000 4. Transportation charges 5,000 5,000 5. Loss of income during the treatment and rest period 20,000 37,500 6. Loss of future income due to permanent disability 2,04,000 3,82,500 7. Loss of amenities --- 30,000 Total 4,94,400 7,20,400 14. Thus, the claimant is held entitled to the total compensation of Rs.7,20,400/- as against Rs.4,94,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010393332022 NC: 2026:KHC:45699 MFA No. 6044 of 2022 15. 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. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 10