- 1 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4314 OF 2021 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO.3230 OF 2021 (MV-I) MISCELLANEOUS FIRST APPEAL NO.4337 OF 2021 (MV-I) IN MFA No. 4314/2021 BETWEEN: FURKHAN PASHA S/O CHAND PASHA AGED ABOUT 26 YEARS R/AT 9TH CROSS, P.H.COLONY, TUMKUR CITY 586 221. …APPELLANT (BY SRI. M.V.MAHESWARAPPA, ADVOCATE) AND: 1. SRI. VIJAYAKUMAR, S/O DODDARANGEGOWDA, AGED ABOUT 53 YEARS, R/AT DIBBUR ASLIGARAMA NEAR NARASIMHASWAMY TEMPLE TUMKUR CITY 586 221 PARTNER OF HARDWARE. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 2. M/S. SRIRAM GENL. INSURANCE CO., LTD., REP BY ITS MANAGER E-8, EPIP SATAPUR INDL. AREA, JAIPURA, RAJSASTHAN, PIN CODE - 302 022. 3. FAIROZ KHAN, S/O MOHAMMED KHAN AGED ABOUT 52 YEARS R/AT 10TH CROSS, P.H.COLONY, TUMKUR 586 221. 4. THE BRANCH MANAGER M/S. ORIENTAL INS. COMPANY LTD., T.G.M.C. BUILDING, J.C.ROAD, TUMKUR CITY 586 221. …RESPONDENTS (BY SRI. RAMESH K.R., ADVOCATE FOR R-1; SRI.B.C.SHIVANNE GOWDA, ADVOCATE FOR R-2; SRI.C.SHANKAR REDDY, ADVOCATE FOR R-4; V/O/D/ 21.06.2022 NOTICE TO R-1 AND R-3 IS D/W) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.13.11.2019 PASSED IN MVC NO.236/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND MACT, TUMAKURU. IN MFA NO. 3230/2021 BETWEEN: M/S. SHRIRAM GENERAL INSURANCE COMPANY LTD., I/O 10003-E/8, EPIP, RIICO, INDUSTRIAL AREA SITAPURA, JAIPUR, - 3 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 RAJASTAN - 302 022 REPTD. BY ITS MANAGER NOW REPRESENTED BY ITS MANAGER, M/S SHRIRAM GENERAL INSURANCE COMPANY LTD., NO.3/5, 3RD FLOOR, S.V.ARCADE, BILEKAHALLI MAIN ROAD, OFF BANNERUGHATTA ROAD IIM POST, BANGALORE - 76302. ...APPELLANT (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE) AND: 1. AFSAR KHAN S/O LATE ABDUL WADOOD KHAN, AGED ABOUT 33 YEARS, R/O 9TH MAIN, 5TH CROSS, P.G.LAYOUT TUMAKURU CITY. 2. VIJAYAKUMAR S/O DODDARANGEGOWDA AGED ABOUT 53 YEARS R/O DIBBUR ASALI GRAMA NEAR NARASIMHASWAMY TEMPLE TUMAKURU. 3. FAIROZ KHAN S/O LATE MOHAMMED KHAN AGED ABOUT 42 YEARS, R/AT 10TH CROSS, P.H.COLONY TUMAKURU. - 4 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 4. THE MANAGER, ORIENTAL INSURANCE COMPANY LTD., T.G.M.C. BUILDING, J.C.ROAD, TUMAKURU. ...RESPONDENTS (BY SRI.M.V.MAHESHWARAPPA, ADVOCATE FOR R-1; SRI.K.R.RAMESH, ADVOCATE FOR R-2; SRI.C.SHANKAR REDDY, ADVOCATE FOR R-4; V/O/D/ 17.04.2015, APPEAL AGAINST R-3 IS DISMISSED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2019 PASSED IN MVC NO.143/2017 ON THE FILE OF THE IIND ADDITIONAL DISTRICT JUDGE AND M.A.C.T., TUMAKURU. IN MFA NO. 4337/2021 BETWEEN: AFSAR KHAN S/O LATE ABDUL WADOOD KHAN AGED ABOUT 33 YEARS R/AT NO.9TH MAIN, 5TH CROSS P.G.LAYOUT TUMKUR CITY 586 221. ...APPELLANT (BY SRI. M.V. MAHESWARAPPA, ADVOCATE) AND: 1. SRI. VIJAYAKUMAR, S/O DODDARANGEGOWDA, AGED ABOUT 53 YEARS R/AT DIBBUR ASLIGRAMA - 5 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 NEAR NARASIMHASWAMY TEMPLE TUMKUR CITY 586221 PARTNER OF HARDWARE. 2. M/S. SIRAM GENL. INSURANCE CO., LTD., REP BY ITS MANAGER E-8, EPIP, SATAPUR INDL. AREA, JAIPURA, RAJASTHAN, PIN CODE - 302022. 3. FAIROZ KHAN S/O MOHAMMED KHAN AGED ABOUT 52 YEARS R/AT 10TH CROSS P.H.COLONY, TUMKUR 586 221. 4. THE BRANCH MANAGER, M/S. ORIENTAL INS.COMPANY LTD., T.G.M.C. BUILDING, J.C.ROAD, TUMKUR CITY - 586 221. ...RESPONDENTS (BY SRI.B.C.SHIVANNEGOWDA, ADVOCATE FOR R-2, SRI.C.SHANKARA REDDY, ADVOCATE FOR R-4; NOTICE TO R-1 AND R-3 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 13.11.2019 PASSED IN MVC NO.143/2017 ON THE FILE OF THE II ADDITIONAL DISTRICT JUDGE AND M.A.C.T., TUMAKURU. THESE APPEALS, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 6 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT In MFA No.4337/2021 in MVC No.143/2017 1. The claimant, being dissatisfied with the compensation of Rs.15,08,498/- awarded by the Tribunal in MVC No.143/2017 vide judgment and award dated 13.11.2019, 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: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 24,000 2. Medical expenses 9,57,498 3. Loss of income during laid up period 24,000 4. Loss of future income 4,08,000 5. Loss of amenities 15,000 6. Future medical expenses 50,000 7. Attendant Charges 15,000 8. Food and nourishment 15,000 - 7 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 Total 15,08,498 round off to 15,08,000 4. Due to the accident, the claimant sustained grievous injuries to his left leg and was initially admitted to the hospital. During the course of treatment, his left leg was amputated above the knee. Having regard to the evidence of PW.5-Doctor and Exs.P3 and P9, namely, the wound certificate and discharge card, the Tribunal assessed the disability at 28.3% to the whole body. However, PW.5-Doctor has categorically deposed that, due to the amputation, the claimant has suffered 100% disability of the left lower limb. 5. The Hon'ble Apex Court, in S. Ettiappan v. D. Kumar and another, in SLP (Civil) No.15261/2025, while considering the case of a loader and unloader who had suffered amputation, assessed the functional disability at 100%. Applying the ratio of the said judgment to the facts and circumstances of the present case, it is evident that the claimant, being a painter by avocation, would suffer complete functional disability on account of the amputation of his left leg - 8 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 above the knee, as the injury has a direct and substantial impact on his earning capacity. 6. The contention of learned counsel for the Insurance Company that, despite the amputation, the claimant could engage himself in some other avocation cannot be accepted, having regard to the nature of his avocation and the extent of injury suffered by him. The functional disability is required to be assessed with reference to the impact of the injury on the claimant's earning capacity in the avocation he was pursuing at the time of the accident. 7. In view of the above, I am of the considered view that the functional disability suffered by the claimant is required to be assessed at 100%, instead of 28.3% assessed by the Tribunal. Accordingly, the functional disability is assessed at 100% for the purpose of determining the loss of future earning capacity. 8. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, - 9 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 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 2016, would be Rs.9,500/-. Since the disability is assessed at 100%, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of Sidram vs. United India - 2023 (3) SCC 439, the future prospectus of 40% requires to be added to the income. Accordingly, the income of the claimant would be Rs.13,300/- (Rs.9,500 + 40%). 9. As the claimant was aged 26 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.27,13,200/- (Rs.13,300x 12 x 17 x 100%) towards 'loss of future income'. 10. Though the Tribunal has awarded Rs.24,000/- towards 'loss of income during laid up period', since the disability is taken at 100%, claimant is not entitled for 'loss of income during laid up period'. - 10 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 11. Having regard to the injuries suffered by the claimant and the lasting effect of the same on the claimant, it would be just and appropriate to award a sum of Rs.1,00,000/- as against Rs.24,000/- towards 'pain and suffering' and Rs.60,000/- as against the sum of Rs.15,000/- towards loss of amenities, awarded by the Tribunal. 12. Though there is no evidence available on record that whether the claimant is married or a bachelor at the time of accident, however in my consider way a sum of Rs.1,00,000 could be awarded on the head of Marriage prospectus. 13. The Tribunal has awarded the sum of Rs.9,57,498/- towards medical expenses. The appellant in MFA No.3230/2021 i.e., the insurance company vehemently contented that the claimant has not spent Rs.9,58,498/- for medical expenses. According to him, claimant has spent Rs.4,29,130/- only, despite he produced advance bill, final bill and consolidated bills and claimed that he has spent Rs.9,50,498/-. On careful examination of the medical bills at Ex.P10, the actual medical bills paid by the climate is Rs.4,29,130/- including all the - 11 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 medical bills. Accordingly the same has to be reduced to Rs.4,29,130/-. 14. The Tribunal justified in awarding Rs.15,000/- each towards 'food nourishment, conveyance and attendant charges', which does not call for any interference. 15. The claimant also not entitled for future medical expenses for the reason presently the artificial limbs are freely available by the recognized hospitals, all over the Bengaluru city and other parts of the State of Karnataka. 16. 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 24,000 1,00,000 2. Medical expenses 9,57,498 4,29,130 3. Loss of marriage prospectus - 1,00,000 4. Loss of future income 4,08,000 27,13,200 5. Loss of amenities 15,000 60,000 6. Attendant Charges 15,000 15,000 7. Food and nourishment 15,000 15,000 Total 15,08,000 34,32,330 - 12 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 17. Thus, the claimant is held entitled to the total compensation of Rs.34,32,330/- as against Rs.15,08,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 18. 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. In MFA No.4314/2021 in MVC No.236/2017 19. The claimant, being dissatisfied with the compensation of Rs.97,500/- awarded by the Tribunal in MVC No.236/2017 vide judgment and award dated 13.11.2019, is in appeal. 20. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 24,000 2. Medical expenses 20,298 3. Food, Nourishment and conveyance 15,000 4. Attendant charges 15,000 - 13 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 5. Loss of income during laid off period 24,000 6. Loss of future earnings 81,600 7. Loss of amenities 15,000 Sub Total 1,94,898 round off to 1,95,000 Less : 50% negligence 97,500 Total 97,500 21. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 5% to the whole body. 22. I have perused the evidence of the Doctor - PW.5 and the wound certificate/disability certificate. Since the Doctor has assessed the disability at 17.4% to the upper limb and 5.8% to the whole body, it would be just and appropriate to consider the disability at 6%. Accordingly, the disability suffered by the claimant would be at 6%. 23. The Tribunal has determined the monthly income, at Rs.8,000/-. As could be gathered from testimonies, the injured was doing tinkering work and was earning Rs.15,000/- per - 14 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 month. As such, it would be appropriate to taken his monthly income at Rs.11,000/-. 24. As the claimant was aged 27 years, a multiplier of '17' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,34,640/- (Rs.11,000 x 12 x 17 x 6%) towards 'loss of future income'. 25. As a consequence, the amount of Rs.24,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.33,000/- (Rs.11,000 X 3). 26. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.24,000/- awarded by the Tribunal. 27. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. - 15 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 28. The sum awarded as medical expenses at Rs.20,298/-, being based on documentary evidence, do not call for modification and hence confirmed. 29. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 30. 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 24,000 50,000 2. Medical expenses 20,298 20,298 3. Food, Nourishment and conveyance 15,000 15,000 4. Attendant charges 15,000 15,000 5. Loss of income during laid off period 24,000 33,000 6. Loss of future earnings 81,600 1,34,640 7. Loss of amenities 15,000 30,000 Sub Total 1,95,000 2,97,938 - 16 - HC-KAR CNR: KAHC010327082021 NC: 2026:KHC:45269 MFA No. 4314 of 2021 C/W MFA No. 3230 of 2021 MFA No. 4337 of 2021 Less : 50% negligence 97,500 1,48,969 Total 97,500 1,48,969 31. Thus, the claimant is held entitled to the total compensation of Rs.1,48,969/- as against Rs.97,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 32. 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 appeals are accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 6