- 1 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 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. 575 OF 2022 (MV-I) BETWEEN: SRI. G VEERABHADRAIAH S/O LATE GANGAPPA AGED ABOUT 76 YEARS R/AT HALKUR, AREBOMMANAHALLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT …APPELLANT (BY SRI. SATHEESH H.K, ADVOCATE) AND: 1. RANGA RAO KADAM AGED ABOUT 45 YEARS R/AT KALAGAON A/P PATAN TALUK SATARA DISTRICT 415 110 MAHARASHTRA (OWNER OF THE LORRY BG.NO. MH-45,4955)) 2. THE MANAGER RELIANCE GENERAL INSURNACE CO LTD A/P LOTELWADI, PATAN TLAUK KARAD STARARA Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 of 2022 MAHARASHTRA 415 110 (POLICY NO. 17062182334-0000551 VALID FROM 23/01/2018 TO 22/01/2019) 3. THE MANAGER RELIANCE GENERAL INSURNACE CO LTD NO.28, EAST WING, 5TH FLOOR CENTENARY BUILDING M.G. ROAD, BANGALORE 560 001 …RESPONDENTS (BY SRI. LAKSHMINARAYAN. C, ADVOCATE FOR R2 AND R3, R1 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.01.2020 PASSED IN MVC NO.4287/2018 ON THE FILE OF II ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH13, 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: - 3 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 of 2022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,92,499/- 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. The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.) 1. Pain and sufferings 40,000 2. Loss of future income due to disability 48,000 3. Medical expenses 1,54,499 4. Conveyance, nourishment & nutritious food 30,000 5. Loss of amenities 20,000 Total 2,92,499 - 4 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 of 2022 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body. 5. The Tribunal has determined the monthly income, notionally at Rs.8,000/- per month. 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 2018, would be Rs.12,500/-. 6. As the claimant was aged 74 years, the Tribunal has rightly applied a multiplier of '5'. Consequently, the claimant would be entitled to a sum of Rs.75,000/- (12,500 x 12 x 5 x 10%) towards 'loss of future income' as against the sum of Rs.48,000/- awarded by the Tribunal. 7. Consequently, the claimant would be entitled to sum of Rs.37,500/- (Rs.12,500 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. - 5 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 of 2022 8. 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.40,000/- and Rs.30,000/- towards loss of amenities, as against the sum of Rs.20,000/- awarded by the Tribunal. 9. The sum awarded as medical expenses at Rs.1,54,499/- being based on the documentary evidence, do not call for modification and hence confirmed. 10. The sum awarded under other head the 'Conveyance, nourishment & nutritious food' by the Tribunal, remains unaltered. 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 40,000 50,000 2. Loss of future income due to disability 48,000 75,000 - 6 - HC-KAR CNR: KAHC010048142021 NC: 2026:KHC:46271 MFA No. 575 of 2022 3. Medical expenses 1,54,499 1,54,499 4. Conveyance, nourishment & nutritious food 30,000 30,000 5. Loss of amenities 20,000 30,000 6. Loss of income during laid up period --- 37,500 Total 2,92,499 3,76,999 Rounded off to --- 3,77,000 12. Thus, the claimant is held entitled to the total compensation of Rs.3,77,000/- as against Rs.2,92,499/- along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The respondent Nos.2 and 3 - 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.: 9