- 1 - HC-KAR CNR: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 629 OF 2021 (MV-I) BETWEEN: SRI SRINIDHI AGED 29 YEARS, S/O NAGARAJU S T, R/O ALURU GARDEN HOUSE, SARTHVALLI AT POST, HONNAVALLI HOBLI, TIPTUR TALUK-572 201. …APPELLANT (BY SRI. MANJUNATH N.D, ADVOCATE) AND: 1. MYLARAPPA G.M S/O MALLAPPA, AGED ABOUT 58 YEARS, R/AT GATTAKINAKERE VILLAGE, HULKURIKE POST, HONNAVALLI HOBLI, TIPTUR TALUK 572 201. 2. THE MANAGER UNITED INDIA INSURANCE CO.LTD., RAGHAVENDRA COLONY, B.H.ROAD, TIPTUR 572 201. …RESPONDENTS (BY SMT. HARINI SHIVANANDA, ADVOCATE FOR R2, VIDE ORDER DATED 12.10.2022, NOTICE R1 IS DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 24.03.2020 PASSED IN MVC NO. 1128/2018 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FINAL HEARING, 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.6,10,920/- awarded by the Tribunal, vide judgment and award dated 24.03.2020 in MVC No.1128/2018, is in appeal. 2. The fact that the accident occurred and the further fact that the offending vehicle was insured 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. Pain and sufferings 1,00,000 2. Loss of amenities 50,000 3. Medical expenses 2,40,000 - 3 - HC-KAR CNR: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 4. Loss of future earning 1,99,920 5. Loss of income during the laid up period 21,000 Total 6,10,920 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 14% to the whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate. The same depicts that the claimant has sustained compound segment fracture of left leg with degloving injury and tenderness injury on the left leg. Since the Doctor has assessed the permanent physical disability of the left lower limb at 51% and to the whole body at 17%, it would be just and appropriate to assess the disability at 17%. 6. The Tribunal has determined the monthly income, notionally at Rs.7,000/-. 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: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 Authority, which, for the accident of the year 2018, would be Rs.12,500/-. 7. 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.4,33,500/- (Rs.12,500 x 12 x 17 x 17%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.21,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (Rs.12,500 x 3 months) treating the laid up period as three months. 9. The sum of Rs.1,00,000/- awarded by the tribunal towards 'pain and suffering' and a sum of Rs.50,000/- awarded towards 'loss of amenities' by the Tribunal being just and proper, stand affirmed. 10. The sum of Rs.2,40,000/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed - 5 - HC-KAR CNR: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 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. Pain and sufferings 1,00,000 1,00,000 2. Loss of amenities 50,000 50,000 3. Medical expenses 2,40,000 2,40,000 4. Loss of future earning 1,99,920 4,33,500 5. Loss of income during the laid up period 21,000 37,500 Total 6,10,920 8,61,000 12. Thus, the claimant is held entitled to the total compensation of Rs.8,61,000/- as against Rs.6,10,920/-, awarded by the Tribunal. The enhanced compensation shall carry interest at that rate of 6% per annum from the date of petition till its realization. - 6 - HC-KAR CNR: KAHC010028272021 NC: 2026:KHC:46663 MFA No. 629 of 2021 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. Accordingly, the appeal is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 28