- 1 - HC-KAR CNR: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.6056 OF 2022(MV-I) BETWEEN: SRI BASAVARAJU S/O LATE NANJUNDAIAH NOW AGED ABOUT 44 YEARS, RESIDING AT M.HOSAHALLI VILLAGE, HONNAVALLI HOBLI, TIPTUR TALUK, TUMAKURU DISTRICT. …APPELLANT (BY SRI. GOPALAKRISHNA B, ADVOCATE FOR SMT. SUSHMITHA G, ADVOCATE) AND: 1. LAKSHMINARAYANA G T S/O THIMMEGOWDA NOW AGED ABOUT 33 YEARS, R/AT GOPALAPURA VILLAGE, NONAVINAKERE HOBLI, TIPTUR TALUK, TUMAKURU-572 224. 2. THE MANAGER UNITED INDIA INSURANCE COMPANY LIMITED BRANCH OFFICE AT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 RAGHAVENDRA COLONY, B.H.ROAD, TIPTUR TOWN, TUMKUR-572 201. …RESPONDENTS (BY SRI. B.C. SEETHARMARAO, ADVOCATE FOR R2, VIDE ORDER DATED 22.07.2024, NOTICE TO R1 IS DISPENSED WITH ) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 23.03.2021 PASSED IN MVC NO. 1365/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C., TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ADMISSION, 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.1,30,000/- 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: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 3. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain, sufferings and injuries 30,000 2. Medical expenses 48,000 3. Loss of disability 20,000 4. Loss of amenities and future happiness 10,000 5. Conveyance, nourishment and attendant charge 22,000 Total 1,30,000 4. The Tribunal has awarded only Rs.20,000/- on the head of loss of disability. However, on perusal of the evidence of PW.2 - Doctor, he has categorically stated that the injured has sustained grievous injuries and fractures and he has undergone surgery and there is a 30% disability on left lower limb and 10% disability to the whole body. 5. Further, Ex.P6 - the wound certificate and the discharge summaries at Exs.P9 to P10 reveals that the claimant sustained grievous and simple injuries. In such circumstances, I am of - 4 - HC-KAR CNR: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 the considered view that the Tribunal is not justified in awarding only Rs.20,000/- on the head of loss of disability without properly assessing the disability caused to the claimant. Accordingly, the disability is assessed at 10% to the whole body i.e., 1/3rdof the 30% disability caused to the right lower limb. 6. Since the claimant has failed to produce any cogent evidence to prove his 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 2018, would be Rs.12,500/-. 7. As the claimant was aged 40 years, the appropriate multiplier of '15' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,25,000/- (12,500 x 12 x 15 x 10%) towards 'loss of disability. 8. Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.37,500/- (12,500 X 3 months) towards 'loss of income during the laid up period'. - 5 - HC-KAR CNR: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 9. 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.30,000/- and Rs.30,000/- towards loss of amenities, as against the sum of Rs.10,000/- awarded by the Tribunal. 10. The sum awarded as medical expenses at Rs.48,000/- being based on the documentary evidence, do not call for modification and hence confirmed. 11. The sum awarded under the head of 'Conveyance, nourishment and attendant charge' by the Tribunal, 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 the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain, sufferings and injuries 30,000 50,000 2. Medical expenses 48,000 48,000 - 6 - HC-KAR CNR: KAHC010393322022 NC: 2026:KHC:45686 MFA No. 6056 of 2022 3. Loss of disability 20,000 2,25,000 4. Loss of amenities and future happiness 10,000 30,000 5. Conveyance, nourishment and attendant charge 22,000 22,000 6. Loss of income during laid up period --- 37,500 Total 1,30,000 4,12,500 13. Thus, the claimant is held entitled to the total compensation of Rs.4,12,500/- as against Rs.1,30,000/-. The enhanced compensation amount shall carry 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. SD/- (RAJESH RAI K) JUDGE CR/List No.: 1 Sl No.: 11