- 1 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 2650 OF 2021 (MV-I) BETWEEN: A. BABURAM S/O LATE AMEED RAM, AGED ABOUT 38 YEARS, R/AT C.H. ROAD, MATHAJI TILES, GUNDULPET – 571 111, CHAMARAJANAGARA DISTRICT …APPELLANT (BY SRI. SYED ABDUL SABOOR, ADVOCATE) AND: 1. LOKESHA S K S/O LATE KARIYAPPA K V, AGE ABOUT 42 YEARS, R/AT 165, 2ND CROSS, RMV 2ND STAGE, R.K. GARDEN, NEW BELL ROAD, BENGALURU – 560 054 2. THE MANAGER TATA AIG GENERAL INSURANCE CO LTD. 374, 1ST STAGE, NEW SANNI CENTRE, NEW KALIDASA ROAD, VIJAYANAGAR,MYSURU – 570 017 …RESPONDENTS (BY SRI. B. PRADEEP, ADVOCATE FOR R2; R1 NOTICE SERVED) THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.27.01.2020 PASSED IN MVC NO.128/2019 ON THE FILE OF THE IV ADDITIONAL DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 AND SESSIONS JUDGE, MACT, MYSURU, 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.7,94,476/- awarded by the Tribunal in MVC.No.128/2019 vide judgment and award dated 27.01.2020, is in appeal. 2. The fact that the accident occurred and the further fact that owner - respondent No.1 is liable to pay the compensation 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 Agony 60,000 2. Loss of future income 3,76,488 3. Medical expenses 2,70,578 - 3 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 4. Loss of income during the laid-up period 22,410 5. Conveyance, special diet and attendant charges 5,000 6. Loss of amenities in life 60,000 Total 7,94,476 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 28% to the whole body, which, in my opinion, does not require any interference. 5. The Tribunal has determined the monthly income, notionally at Rs.7,470/-. 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 about 36 years, a multiplier of '15' would have to be applied and 40% requires to be added to the income towards future prospects, since the claimant has - 4 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 suffered 28% disability. Consequently, the claimant would be entitled to a sum of Rs.8,82,000/- (Rs.12,500 + 40% x 12 x 15 x 28%) towards 'loss of future income' as against Rs.3,76,488/- awarded by the Tribunal. 7. Consequently, the amount of Rs.22,410/- 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. 8. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, special diet and attendant charges' at Rs.32,000/- as against the sum of Rs.5,000/- awarded by the Tribunal. 9. The sum of Rs.60,000/- awarded towards pain and suffering and Rs.60,000/- awarded towards loss of amenities in life by the Tribunal, being just and proper, are affirmed. 10. The sum of Rs.2,70,578/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. - 5 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 11. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. N o. Compensation under different Heads As awarded by the Tribunal (Rs.) As awarded by this Court (Rs.) 1. Pain and agony 60,000 60,000 2. Loss of future income 3,76,488 8,82,000 3. Medical expenses 2,70,578 2,70,578 4. Loss of income during the laid up period 22,410 37,500 5. Conveyance, special diet and attendant charges 5,000 32,000 6. Loss of amenities and nourishment 60,000 60,000 Total 7,94,476 13,42,078 12. Thus, the claimant is held entitled to the total compensation of Rs.13,42,078/- as against Rs.7,94,476/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 13. The owner - respondent No.2 is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment. - 6 - HC-KAR CNR: KAHC010216812021 NC: 2026:KHC:47602 MFA No. 2650 of 2021 14. The apportionment of compensation shall in terms of the award of the Tribunal. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE PKS List No.: 1 Sl No.: 22