- 1 - HC-KAR CNR: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 155 OF 2022 (MV-I) BETWEEN: B MEENALAKSHMI AGED ABOUT 50 YEARS, W/O SRI N BALAMURUGAN, R/AT 1-39-26, NIRMALA DEVI COMPOUND, KUKUNDOOR, KARKALA TALUK …APPELLANT (BY SRI. PAVANA CHANDRA SHETTY H, ADVOCATE) AND: 1. M SELVA KUMAR AGED MAJOR, S/O MARIMUTTU, R/AT 6TH CROSS, SATHAR COMPOUND, SALMAR, KARKALA KASABA VILLAGE, KARKALA TALUK 2. THE BRANCH MANGER RELIANCE GENERAL INSURANCE CO. LTD. MAXIMUS COMMERCIAL COMPLEX, 4TH FLOOR, LIGHT HOUSE HILL ROAD, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 HAMPANAKATTE, MANGALORE - 574 001 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2, R1 NOTICE IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.08.2021 PASSED IN MVC NO. 357/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND ADDITIONAL MACT, ACJM, KARKALA, 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.2,83,875/- 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: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Towards pain and sufferings 45,000 2. Towards conveyance, Attendant charges and nourishing food 15,000 3. Towards loss of income during laid up period 18,000 4. Towards future loss of income 70,200 5. Medical expenses 80,675 6. Future medical expenses 30,000 7. Towards loss of amenities and discomforts 25,000 Total 2,83,875 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 5% to his right limb. 5. The Tribunal has determined the monthly income, notionally at Rs.9,000/- 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 - 4 - HC-KAR CNR: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 6. As the claimant was aged 48 years, the Tribunal has rightly applied a multiplier of '13'. Consequently, the claimant would be entitled to a sum of Rs.1,09,200/- (14,000 x 12 x 13 x 5%) towards 'loss of future income'. 7. Consequently, the claimant would be entitled to Rs.42,000/- (Rs.14,000 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. 8. Having regard to the injuries suffered by the claimant and its lasting effect, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.45,000/- and Rs.40,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal. 9. The sum awarded as medical expenses at Rs.80,675/- being based on the documentary evidence, do not call for modification and hence confirmed. - 5 - HC-KAR CNR: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 10. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 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. Towards pain and sufferings 45,000 50,000 2. Towards conveyance, Attendant charges and nourishing food 15,000 15,000 3. Towards loss of income during laid up period 18,000 42,000 4. Towards future loss of income 70,200 1,09,200 5. Medical expenses 80,675 80,675 6. Future medical expenses 30,000 30,000 7. Towards loss of amenities and discomforts 25,000 40,000 Total 2,83,875 3,66,875 - 6 - HC-KAR CNR: KAHC010005572022 NC: 2026:KHC:46269 MFA No. 155 of 2022 12. Thus, the claimant is held entitled to the total compensation of Rs.3,66,875/- as against Rs.2,83,875/-, the enhanced compensation amount 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. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 7