- 1 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 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.6499 OF 2022(MV-I) BETWEEN: SRI SRIDHARA S GONDA S/O SUKRA SANKAYYA GONDA AGED ABOUT 32 YEARS R/AT SARPANAKATTE YELAVEDIKAVOOR BHATKAL TALUK, U.K DISTRICT …APPELLANT (BY SRI. NAGARAJA HEGDE, ADVOCATE) AND: 1. SRI LAKSHMAN D NAIK S/O DEVAPPA NAIK AGED ABOUT 38 YEARS R/AT BUNDER ROAD, 6THCROSS HANUMAN NAGAR BHATKAL U.K DISTRICT 2. THE UNITED INDIA INSURANCE CO LTD BRANCH OFFICE KUNDAPURA SRI LAXMI VENKATESH, COMPLEX N.H.66, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 of 2022 VADERHOBLI KUNDAPUR REP BY ITS MANAGER …RESPONDENTS (BY SRI. RAVISH BENNI, ADVOCATE FOR R2, R1 NOTICE DISPESNED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 18.04.2022 PASSED IN MVC NO. 1042/2019 ON THE FILE OF THE ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI, (SITTING AT KUNDAPURA) 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.5,97,700/- 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: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 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 75,000 2. Medical expenses 2,26,000 3. Loss of income during laid down period 47,000 4. Loss of income due to disability 2,39,700 5. Loss of amenities 10,000 Total 5,97,700 4. The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from closed right femur shaft fracture, fracture of both bones of right arm, open right polar fracture of patella. - 4 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 of 2022 6. Since the Doctor has assessed the disability to the right upper limb at 14% and 23% to the right lower limb, totalling to 37%, 1/3rd of the same would be just and appropriate to consider the disability. Accordingly, the disability suffered by the claimant would be at 12%. 7. The Tribunal has determined the monthly income, notionally at Rs.11,750/- 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 2019, would be Rs.14,000/-. 8. As the claimant was aged 30 years, the Tribunal has rightly applied a multiplier of '17'. Consequently, the claimant would be entitled to a sum of Rs.3,42,720/- (14,000 x 12 x 17 x 12%) towards 'loss of income due to disability' as against Rs.2,39,700/- awarded by the Tribunal. 9. Consequently, the claimant would be entitled to Rs.56,000/- (Rs.14,000 X 4 months) towards 'loss of income - 5 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 of 2022 during the laid up period', treating the laid up period as four months. 10. 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 the sum of Rs.10,000/- awarded by the Tribunal. 11. Having regard to the injuries sustained by the claimant and its further treatment in the future, I deem it just and appropriate to award sum of Rs.25,000/- towards 'future medical expenses'. 12. The sum awarded as medical expenses at Rs.2,26,000/- being based on the documentary evidence, do not call for modification and hence confirmed. 13. The sum awarded under the head of pain and suffering by the Tribunal, remains unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 of 2022 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and sufferings 75,000 75,000 2. Medical expenses 2,26,000 2,26,000 3. Loss of income during laid down period 47,000 56,000 4. Loss of income due to disability 2,39,700 3,42,720 5. Loss of amenities 10,000 40,000 6. Future Medical Expenses --- 25,000 Total 5,97,700 7,64,720 15. Thus, the claimant is held entitled to the total compensation of Rs.7,64,720/- as against Rs.5,97,700/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 16. 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. - 7 - HC-KAR CNR: KAHC010428042022 NC: 2026:KHC:46329 MFA No. 6499 of 2022 17. The apportionment of compensation amount shall be in terms of the award of the Tribunal. The appeal is accordingly allowed in part. Sd/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 14