- 1 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 3913 OF 2022 (MV-I) BETWEEN: B.S. HEMALATHA W/O M MUNIYAPPA AGED ABOUT 60 YEARS R/AT NO.136, DOCTORS COLONY 1ST CORSS, KONANAKUNTE BANGALORE CITY-560062. …APPELLANT (BY SRI. R. LAXMANA, ADVOCATE AND SRI. KUMAR R.Y., SRI. SHASHIKALA A., ADVOCATES) AND: 1. M/S IFFCO TOKIO GENERAL INSURANCE CO LTD BY ITS MANAGER SRI SHANTHI TOWERS 5TH FLOOR, NO.141, 3RD MAIN EAST TO NGEF LAYOUT KASTURI NAGAR BANGALORE-560043. 2. KRISHNA PRASAD K N R/AT NO.11/B, SAGARA 2ND FLOOR, 4TH CROSS DODDAKALLASANDRA BAGNALORE-560062. …RESPONDENTS Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 (BY SRI. SEETHARAMA RAO, ADVOCATE FOR R1 R2 NOTICE DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 16.10.2021 PASSED IN MVC NO.6917/2018 ON THE FILE OF THE XXIII ADDITIONAL SMALL CAUSES JUDGE, BENGALURU SCCH-25, 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 1. The claimant, being dissatisfied with the compensation of Rs.1,34,400/- awarded by the Tribunal in MVC No.6917/2018 vide judgment and award dated 16.10.2021, 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 suffering 25,000 - 3 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 2. Medical expenses 11,856 3. Loss of income during laid up period 7,000 4. Loss of future income 60,480 5. Loss of future amenities and happiness 15,000 6. Attendant, conveyance, food and nourishment charges 15,000 Total 1,34,336 Rounded off to 1,34,400 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. 5. I have perused the evidence of the Doctor - PW.3 and Ex.P7 - three discharge summaries dated 06.08.2018 to 13.08.2018 which depict that the claimant diagnosed with C5- C6, C6-C7 IVDP + D12 compression fracture, Spinal Fusion done on 8.8.2018 and at the time of discharge her condition was stable. The Second discharge summary dated 6.9.2018, which shows that the claimant was admitted on complaint of sudden onset abdominal and chest discomfort, giddiness and - 4 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 profuse sweating since 1-2 days, left lower limb swelling with pain since 3 days and as per the third discharge summary dated 21.03.2020 the claimant was admitted for symptomatic cholelithiasis + umbilical hernia - Hypothyroidism and therefore these two discharge summaries clearly shows that they are not connected to the accident injuries. 6. Since the Doctor, based on the injuries sustained by the claimant, has assessed the disability at 12%, the same is not altered. Accordingly, the disability suffered by the claimant would be at 12% instead of 8%. 7. The Tribunal has determined the monthly income, notionally at Rs.7,000/-. 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/-. 8. As the claimant was aged 56 years, a multiplier of '9' would have to be applied. Consequently, the claimant would be - 5 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 entitled to a sum of Rs.1,62,000/- (Rs.12,500 x 12 x 9 x 12%) towards 'loss of future income'. 9. As a consequence, the amount of Rs.7,000/- 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). 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. 11. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities, as against the sum of Rs.15,000/- awarded by the Tribunal. 12. The sum awarded as medical expenses at Rs.11,856/-, being based on documentary evidence, do not call for modification and hence confirmed. 13. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. - 6 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 14. 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 25,000 50,000 2. Medical expenses 11,856 11,856 3. Loss of income during laid up period 7,000 37,500 4. Loss of future income 60,480 1,62,000 5. Loss of future amenities and happiness 15,000 30,000 6. Attendant, conveyance, food and nourishment charges 15,000 15,000 Total 1,34,400 3,06,356 15. Thus, the claimant is held entitled to the total compensation of Rs.3,06,356/- as against Rs.1,34,336/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR CNR: KAHC010227902022 NC: 2026:KHC:46838 MFA No. 3913 of 2022 16. 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 GPG List No.: 1 Sl No.: 5