- 1 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 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. 5318 OF 2022 (MV-I) BETWEEN: KARIGOWDA S/O MAYIGOWDA AGED ABOUT 47 YEARS R/AT NO.1-A, 2ND MAIN ROAD NEAR ANJANEYA TEMPLE CHIKKABOMMASANDRA YELAHANKA NEW TOWN BANGALORE-562 106. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., MOTOR THIRD PARTY CLAIMS HUB 5TH AND 6TH FLOOR KRUSHIBHAVAN HUDSON CIRCLE BANGALORE-560 001. 2. M/S DAKSH E SERVICES PVT LTD NO.15TH, DSIDC INDL. COMPLEX SCHEME-1, OKHLA PHASE, 11TH NEW DELHI-560 021. …RESPONDENTS (BY SRI. NAGARAJAIAH K., ADVOCATE FOR R1; NOTICE TO R2 DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.01.2022 PASSED IN MVC NO.6021/2017 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE AND ACMM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR FURTHER 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.7,00,000/- awarded by the Tribunal, vide judgment and award dated 10.01.2022 in MVC No.6021/2017, 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 50,000 2. Loss of future income 74,000 - 3 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 of 2022 3. Medical expenses 4,92,000 4. Loss of income during the laid up period 24,000 5. Conveyance, food, nourishment, attendant charges 20,000 6. Loss of amenities in life 40,000 Total 7,00,000 4. The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body. 5. I have perused the evidence of the Doctor - P.W.2 and the wound certificate. The same depicts that the claimant has suffered SDH (sub dural hematoma). Since the Doctor has assessed the Intellectual disability at 10% and speech disability at 25%, I deem it just and appropriate to assess the disability at 12%. 6. The Tribunal has determined the monthly income, notionally at Rs.8,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly - 4 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 of 2022 income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2017, would be Rs.11,000/-. 7. As the claimant was aged 54 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,74,240/- (Rs.11,000 x 12 x 11 x 12%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.24,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.33,000/- (Rs.11,000 x 3 months) treating the laid up period as three months. 9. The sum of Rs.50,000/- awarded by the Tribunal towards 'pain and suffering', a sum of Rs.40,000/- awarded by the Tribunal towards 'loss of amenities' and a sum of Rs.20,000/- awarded by the Tribunal towards 'Conveyance, food and nourishment and attendant charges' being just and proper, stands affirmed. - 5 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 of 2022 10. The sum of Rs.4,92,000/-awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed. 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. Conveyance, food, nourishment, attendant charges 20,000 20,000 2. Pain and sufferings 50,000 50,000 3. Loss of income during the laid-up period 24,000 33,000 4. Medical expenses 4,92,000 4,92,000 5. Loss of future income due to disability 74,000 1,74,240 6. Loss of amenities in life 40,000 40,000 Total 7,00,000 8,09,240 - 6 - HC-KAR CNR: KAHC010337962022 NC: 2026:KHC:46662 MFA No. 5318 of 2022 12. Thus, the claimant is held entitled to the total compensation of Rs.8,09,240/- as against Rs.7,00,00/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 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.: 25