- 1 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4648 OF 2021(MV-I) BETWEEN: MOHAMMED SADIQ S/O MOHEMMED RIYAZ AGED ABOUT 26 YEARS R/ATNO 224, 8TH CROSS SHANTHINAGARA MYSURU - 570 026 …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE) AND: 1. WASEEM SHOHAB S/O NAWAB JAN AGED MAJOR R/AT NO.37 HIG/B 4TH STAGE KALYANAGIRI NAGAR MYSURU - 570019 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 2. UNITED INDIA INSURANCE CO. LTD BY ITS MANAGER MOTOR TP-HUB NO.1134, PRINCE OF WALES ROAD BALLAL CIRCLE CHAMARAJPURAM MYSURU - 570 005 …RESPONDENTS (BY SRI. LAXMINARASAPPA, ADVOCATE FOR SRI. A.M VENKATESH, ADVOCATE FOR R2, VIDE ORDER DATED 22.04.2024 NOTICE R1 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 26.02.2021 PASSED IN MVC NO. 904/2017 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CASES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, C/c OF ADDITIONAL COURT OF SMALL CAUSES, MYSURU, 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: - 3 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.2,61,500/- 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. Compensation towards pain, shock and sufferings 15,000 2. Compensation towards loss of income during laid up period 14,000 3. Compensation towards attendant charges, extra diet, nourishment and conveyance 7,000 4. Compensation towards loss of amenities 5,000 5. Compensation towards medical expenses 23,500 6. Compensation towards loss of future income 1,97,000 Total 2,61,500 - 4 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 4. The Tribunal, on analysis of the medical evidence, has rightly concluded that the claimant has suffered functional disability to the extent of 13% to the whole body. 5. The Tribunal has determined the monthly income, notionally at Rs.7,000/- 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 2017, would be Rs.11,000/- 6. As the claimant was aged 22 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant would be entitled to a sum of Rs.3,08,880/- (11,000 x 12 x 18 x 13%) towards 'loss of future income' as against sum of Rs.1,97,000/-. 7. Consequently, the claimant would be entitled to Rs.33,000/- (Rs.11,000 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months. - 5 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 8. Having regard to the injuries suffered by the claimant and its lasting effect, the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.15,000/- and Rs.35,000/- towards loss of amenities, as against the sum of Rs.5,000/- awarded by the Tribunal. 9. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'attendant charges, extra diet, nourishment and conveyance' at Rs.15,000/- as against the sum of Rs.7,000/- awarded by the Tribunal. 10. Considering the nature of injuries suffered by the claimant and its further treatment in the future, I deem it just and appropriate to award sum of Rs.15,000/- towards 'future medical expenses'. 11. The sum awarded as medical expenses at Rs.23,500/- being based on the documentary evidence, do not call for modification and hence confirmed. 12. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 Sl. No. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Compensation towards pain, shock and sufferings 15,000 60,000 2. Compensation towards loss of income during laid up period 14,000 33,000 3. Compensation towards attendant charges, extra diet, nourishment and conveyance 7,000 15,000 4. Compensation towards loss of amenities 5,000 35,000 5. Compensation towards medical expenses 23,500 23,500 6. Compensation towards loss of future income 1,97,000 3,08,880 7. Future medical expenses --- 15,000 Total 2,61,500 4,90,380 13. Thus, the claimant is held entitled to the total compensation of Rs.4,90,380/- as against Rs.2,61,500/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010348962021 NC: 2026:KHC:47825 MFA No. 4648 of 2021 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.: 39