- 1 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 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.5636 OF 2021(MV-I) BETWEEN: KUMARA C S/O CHANNAPPA AGED ABOUT 32 YEARS, RESIDING AT NO.989, 7TH CROSS SUNNADAKERI, K.R MOHOLLA LAKSHMIPURAM MYSURU - 570 004 …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. SHARATH S/O PARAMESHWARA AGED 45 YEARS, R/AT MAHADESHWARA TEMPLE NAZARBAD MAIN ROAD, MYSURU - 570 010 2. UNITED INDIA INSURANCE COMPANY LTD., BY ITS MANAGER MOTOR TB HUB NO. 1134, PRINCE OF WALES ROAD BALLAL CIRCLE, CHAMARAJPURAM MYSURU - 570 004 …RESPONDENTS (BY SMT. GEETHA RAJ, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 28.02.2020 PASSED IN MVC NO.1287/2019 ON THE FILE OF THE III ADDITIONAL DISTRICT JUDGE AND MACT, MYSURU, 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.3,51,710/- awarded by the Tribunal in MVC No.1287/2019 dated 28.02.2020, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle 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. Pain and sufferings 30,000 2. Medical expenses 10,710 3. Food and nourishment 10,000 4. Transportation charges 10,000 5. Loss of amenities in life 15,000 - 3 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 6. Future loss of income 2,29,500 7. Attendant charges 9,000 8. Loss of income during laid up period 37,500 Total 3,51,710 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 9% to the whole body. Since the Doctor-PW.2 has assessed the disability at 27% to the particular limb, the Tribunal has assessed the disability at 9% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records including the evidence of PW.2, I deem it appropriate to assess the disability of the claimant at 10%. 5. The Tribunal has determined the monthly income of the claimant at Rs.12,500/-. 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 2019, would be Rs.14,000/-. - 4 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 6. As the claimant was aged 30 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,85,600/- (14,000 x 12 x 17 x 10%) towards 'loss of future income'. 7. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.30,000/- awarded by the Tribunal. 8. As a consequence, the claimant would be entitled to a sum of Rs.42,000/- towards 'loss of income during the laid up period' (Rs.14,000 X 3 months) as against Rs.37,500/- awarded by the Tribunal, considering the laid up period as six months. 9. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.39,000/- towards 'food and nourishment, transportation charges and attendant charges', as against the sum of Rs.29,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 10. 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.15,000/- towards ‘loss of amenities’. 11. The sums awarded as 'medical expenses' at Rs.10,710/-, being based on documentary evidence, do not call for modification and hence confirmed. 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. Pain and sufferings 30,000 60,000 2. Medical expenses 10,710 10,710 3. Food and nourishment 10,000 4. Transportation charges 10,000 5. Attendant charges 9,000 39,000 6. Future loss of income 2,29,500 2,85,600 7. Loss of amenities in life 15,000 40,000 8. Loss of income during laid up period 37,500 42,000 Total 3,51,710 4,77,310 - 6 - HC-KAR CNR: KAHC010074602021 NC: 2026:KHC:45839 MFA No. 5636 of 2021 13. Thus, the claimant is held entitled to the total compensation of Rs.4,77,310/- as against Rs.3,51,710/-, 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. 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.: 5