- 1 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 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.4144 OF 2022(MV-I) BETWEEN: THARA @ THARA N G D/O NAGAPPA VADDAR @ NAGAPPA, AGED ABOUT 25 YEARS, R/AT MAIN ROAD, AREHALLI VILLAGE, BELUR TALUK, HASSAN DISTRICT, NOW R/O C/O MANJU, BESIDE DAKSHINA KASHI VIDYA SAMSTHE, RAMANATHAPURA, ARAKALAGUD TALUK …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND: 1. SHASHIKUMAR S/O NAGAPPA GOTE, MAJOR, OCC: VETARNARY DOCTOR, R/O MAIN ROAD, AREHALLI, BELUR TALUK, HASSAN DISTRICT. NOW R/O C/O MANJU, BESIDE DAKSHINA KASHI, VIDYA SAMSTHE, RAMANATHAPURA, ARAKALGUD TALUK 2. THE REGIONAL MANAGER UNIVERSAL SOMPO GENERAL Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 INSURANCE CO LTD., NO.EL 94 TTC INDUSTRIAL AREA, MIDC MAHAPE,NEW MUMBAI-400 710 …RESPONDENTS (BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2, NOTICE DISPENSED R1) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 01.01.2022 PASSED IN MVC NO.1341/2019 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MEMBER, MACT, ARKALGUD, PARTLY 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.2,80,440/- awarded by the Tribunal, vide judgment and award dated 01.01.2022 in MVC No.1341/2019, 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: - 3 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 25,000 2. Loss of future income 1,16,640 3. Medical expenses 55,800 4. Future medical expenses 25,000 5. Loss of income during the laid up period 18,000 6. Conveyance, food, nourishment, attendant charges 15,000 7. Loss of amenities in life 25,000 Total 2,80,440 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered physical disability at 6% . 5. I have perused the evidence of the Doctor - C.W.1 and the wound certificate. The same depicts that the claimant has sustained fracture of tibial shaft right side. Since the Doctor has assessed the physical disability at 19%, I deem it just and appropriate to assess the disability at 7%. - 4 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 6. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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 Authority, which, for the accident of the year 2019, would be Rs.14,000/-. 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.2,11,680/- (Rs.14,000 x 12 x 18 x 7%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.18,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.42,000/- (Rs.14,000 x 3 months) treating the laid up period as three months. 9. Having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 10. Having regard to the lasting effects of the injuries, the claimant would be entitled to a sum of Rs.30,000/- towards 'loss of amenities', as against the sum of Rs.25,000/- awarded by the Tribunal. 11. The sum of Rs.25,000/- awarded by the Tribunal towards 'Future Medical expenses' and a sum of Rs.15,000/- awarded by the Tribunal towards 'Conveyance, food and nourishment and attendant charges' being just and proper, stand affirmed. 12. The sum of Rs.55,800/- awarded by the Tribunal towards the treatment, hospitalization and medicines, being based on documentary evidence, is affirmed 13. 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 25,000 50,000 2. Loss of future income 1,16,640 2,11,680 - 6 - HC-KAR CNR: KAHC010246682022 NC: 2026:KHC:46620 MFA No. 4144 of 2022 3. Medical expenses 55,800 55,800 4. Future medical expenses 25,000 25,000 5. Loss of income during the laid up period 18,000 42,000 6. Conveyance, food, nourishment, attendant charges 15,000 15,000 7. Loss of amenities in life 25,000 30,000 Total 2,80,440 4,29,480 14. Thus, the claimant is held entitled to the total compensation of Rs.4,29,480/- as against Rs.2,80,440/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 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. Accordingly, the appeal is allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 14