- 1 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 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.7919 OF 2022(MV-I) BETWEEN: YOGESH M S/O MUTHU RAJ AGED ABOUT 25 YEARS R/A INDIRANAGAR HUNASEKATTE, 1ST MAIN, BEML ADMIN HUNASAKATEE JUNCTION BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN-577301 …APPELLANT (BY SRI. GURUDEV PRASAD K.T, ADVOCATE) AND: 1. M/S NATIONAL INSURANCE CO LTD T.P CLAIMS HUB, NO.144-145 2ND FLOOR, SHUBARAM COMPLEX BENGALURU-560 001 BY ITS MANAGER 2. MR RAMAPPA S/O BHEEMANNA R/A INDIRANAGAR HALE LAKKAVALLI VILLAGE THARIKERE TALUK CHIKKAMAGALURU DISTRICT PIN-577 128 …RESPONDENTS (BY SRI. SHANKARA REDDY C, ADVOCATE FOR R1, SRI. UMESH B.N, ADVOCATE FOR R2) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.07.2022 PASSED IN MVC NO. 6428/2019 ON THE FILE OF THE II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU (SCCH.13), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT The claimant, being dissatisfied with the compensation of Rs.6,92,000/- awarded by the Tribunal in MVC.No.6428/2019 vide judgment and award dated 13.07.2022, is in appeal. 2. The fact that the accident occurred and the further fact that the claimant has sustained injuries in the said accident 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. Loss of future earnings 6,04,800 2. Pain and sufferings 50,000 3. Loss of amenities 20,000 4. Medical expenses 2,15,179 - 3 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 of 2022 5. Conveyance, food, nourishment and attendant charges 1,51,000 6. Loss of income during laid up period 1,12,000 Sub-Total 11,52,979 After deducting 40% towards contributory negligence Which is rounded off to 6,91,787 6,92,000 4. The Tribunal, on an analysis of medical evidence and by considering the evidence of PW.5-Doctor has rightly assessed the disability of the claimant at 20% to the whole body. 5. As the claimant had failed to produce any cogent document to substantiate that he was earning Rs.20,000/- per month, the Tribunal, as per the chart of Karnataka State Legal Services Authority and since the accident had taken place in the year 2019, has rightly assessed the monthly income of the claimant at Rs.14,000/-, which is just and proper. 6. Since the claimant has suffered 20% disability and is aged 22 years, in view of the judgment of the Division Bench of this Court in MFA No.103807/2016 c/w MFA No.103835/2016 and also by the Hon'ble Apex Court in the case of SIDRAM vs. UNITED INDIA - 2023 (3) SCC 439, 40% future prospects - 4 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 of 2022 requires to be added to the said income, which would be Rs.19,600/- (14,000 + 40%). 7. As the claimant was aged 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.58,46,720/- (19,600 x 12 x 18 x 20%) towards 'loss of future earnings'. 8. Having regard to the injuries suffered and having regard to the treatment taken by the claimant in the Hospital for a period of 15 days so also having regard to the lasting effects of the same on the claimant, I deem it just and appropriate to award a sum of Rs.1,00,000/- towards 'pain and suffering' as against Rs.50,000/- and a sum of Rs.60,000/- towards 'loss of 'amenities' as against Rs.20,000/- awarded by the Tribunal. 9. Having regard to the hospitalization and treatment taken by the claimant, I deem it just and appropriate to treat the laid up period as ten months. Consequently, the claimant would be entitled to a sum of Rs.1,40,000/- towards 'loss of income during the laid up period' (Rs.14,000 X 10 months) as against Rs.1,12,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 of 2022 10. The sum awarded as 'medical expenses' at Rs.2,15,179/-, being based on documentary evidence, do not call for modification and hence confirmed. 11. The sum awarded under the head 'conveyance, food, nourishment and attendant charges' remain unaltered. 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 this Court (Rs.) 1. Loss of future earnings 8,46,720 2. Pain and sufferings 1,00,000 3. Loss of amenities 60,000 4. Medical expenses 2,15,179 5. Conveyance, food, nourishment and attendant charges 1,51,000 6. Loss of income during laid up period 1,40,000 Sub-Total 15,12,899 (-) 40% contributory negligence of the claimant 6,05,160 TOTAL 9,07,739 W 13. Thus, the claimant is held entitled to the total compensation of Rs.9,07,739/- as against Rs.6,92,000/-, - 6 - HC-KAR CNR: KAHC010538602022 NC: 2026:KHC:46332 MFA No. 7919 of 2022 along with interest at the rate of 6% per annum from the date of petition till its realization. 14. The finding of the Tribunal with regard to fastening the liability on the Insurance Company to make good the compensation with liberty to recover the same from the insured is undisturbed. 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. 16. The appeal is accordingly allowed in part The apportionment of compensation amount shall be in terms of the award of the Tribunal. Pending I.As., if any, stand disposed of. Sd/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 22