- 1 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 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.7296 OF 2022(MV-I) BETWEEN: SMT HAJIRA W/O MOHAMMED AZARUDDDIN AGED 32 YEARS R/O DOOR NO. 2-53/6A, S.H. NAGAR, DAYAMBU, KANNURU, MANGALURU …APPELLANT (BY SRI. GURUPRASAD B.R, ADVOCATE) AND: 1. UNITED INDIA INSURANCE COMPANY LTD., RAM BHAVAN COMPLEX KODIAL BAILU MANGALURU-575 002 REPRESNETED BY ITS MANAGER 2. SRI. SHIVAPRASAD.K RATHNAKARA GOWDA AGED MAJOR R/A HOUSE NO. 1-76 KUTHUKUNJA SULLIA TQ-574 248 …RESPONDENTS (BY SRI. BENNI RAVISH CHANDRASHEKAR, ADVOCATE FOR R1, NOTICE R2 DISPENSED WITH) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.03.2022 PASSED IN MVC NO.745/2019 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND MACT, MANGALURU D.K., 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 The claimant, being dissatisfied with the compensation of Rs.3,62,109/- awarded by the Tribunal in MVC No.745/2019 dated 08.03.2022, is in appeal. 2. The fact that the accident occurred and 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 suffering 5,000 2. Loss of income during laid up period 13,250 3. Loss of amenities 5,000 4. Compensation for permanent disability 2,54,000 - 3 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 5. Medical expenses 58,459 6. Future medical expenses 20,000 7. Conveyance 3,000 8. Attendant charges, food and nourishment 3,000 Total 3,62,109 4. The Tribunal, on an analysis of medical evidence, has rightly concluded that the claimant has suffered disability to the extent of 10% to the whole body, which requires no interference. 5. The Tribunal has determined the monthly income of the claimant, notionally at Rs.13,250/-. 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/-. 6. As the claimant was aged 31 years, the Tribunal has rightly applied a multiplier of '16'. Consequently, the claimant would be entitled to a sum of Rs.2,68,800/- (14,000 - 4 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 x 12 x 16x 10%) towards 'loss of future income' as against the sum of Rs.2,54,400/-. 7. Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.5,000/- awarded by the Tribunal. 8. Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.40,000/- as against Rs.5,000/- towards ‘loss of amenities’. 9. As a consequence, the amount of Rs.13,250/- awarded by the Tribunal towards 'loss of income during laid up period' would also stand enhanced to Rs.42,000/- (14,000 X 3 months) treating the laid period as three months. 10. Having regard to the length of the stay of the claimant in the hospital and having regard to the injuries suffered, the claimant would be entitled to a sum of Rs.12,000/- towards 'conveyance, attendant charges and food and nourishment', as against the sum of Rs.6,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 11. The sums awarded as 'medical expenses' at Rs.58,459/-, being based on documentary evidence, do not call for modification and hence confirmed. [ 12. The sum awarded under the head ‘future medical expenses' remain unaltered. 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 suffering 5,000 50,000 2. Loss of income during laid up period 13,250 42,000 3. Loss of amenities 5,000 40,000 4. Compensation for permanent disability 2,54,000 2,68,800 5. Medical expenses 58,459 58,459 6. Future medical expenses 20,000 20,000 7. Conveyance 3,000 8. Attendant charges, food and nourishment 3,000 12,000 Total 3,62,109 4,91,259 14. Thus, the claimant is held entitled to the total compensation of Rs.4,91,259/- as against Rs.3,62,109/-. The - 6 - HC-KAR CNR: KAHC010491402022 NC: 2026:KHC:47648 MFA No. 7296 of 2022 enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization, by excluding the interest on the sum awarded under 'future medical expenses'. 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. 16. The appeal is accordingly allowed in part. The apportionment of compensation shall be in terms of the award of the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 12