- 1 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 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.3392 OF 2020 (MV-I) BETWEEN: SMT. MAMATHA W/O SATHISHA AGE 37 YEARS R/O HULIGERE TOTADAMANE, YAGATI HOBLI, KADUR TALUK, CHIKKAMGALURU DISTRICT 577548. …APPELLANT (BY SRI. NAGARAJA R.C., ADVOCATE) AND: 1. MR. H.M. SATHISHA S/O ALTE MARILINGAPPA AGE 43 YEARS R/O HULIGERE THOTADAMANE YAGATI HOBLI, KADUR TLAUK, CHIKKAMAGALURU DIST - 577 548. 2. UNITED INDIA INS. CO. LTD., CHIKKAMAGALURU MICRO OFFICE DRM COMPLEX, OPP. TO KSRTC BUS STAND BIRUR, KADUR TALUK - 577 548 …RESPONDENTS (BY SRI. A.N.KRISHNASWAMY, ADVOCATE FOR R2; R1 NOTICE SERVED) Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.02.01.2020 PASSED IN MVC NO.112/2018 ON THE FILE OF THE SENIOR CIVIL JUDGE AND MMACT, KADUR, CHIKKAMAGALUR DISTRICT. THIS APPEAL, COMING ON FOR HEARING, 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.3,68,434/- awarded by the Tribunal in MVC No.112/2018 vide judgment and award dated 02.01.2020, 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. Medical expenses 1,84,674 2. Future loss of income 92,160 3. Loss of income during laid up period 1,600 - 3 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 4. Conveyance charges 20,000 5. Pain and sufferings 50,000 6. Food, nourishment and attendant charges 20,000 Total 3,68,434 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. On careful perusal of the evidence of the Doctor - CW.1, who examined the injured and Ex.C.12 - the disability certificate and Ex.C.13 - the certificate issued by the Department of Psychology, reveals that the claimant has suffered moderate disability. However, disability certificate, reveals that claimant has total psycho-neurological disability at 25%, which is usually permanent in nature and to the whole body. Considering the above evidence on record, I am of the considered view that, the disability has to be reassessed at 18% instead of 8%. Accordingly, the disability suffered by the claimant would be at 18%. - 4 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 6. The Tribunal has determined the monthly income, at Rs.6,000/- per month. As the claimant has deposed that she is an agriculturist and having petty shop business and thereby earning Rs.10,000/- per month, to ascertain the actual monthly income, it would be appropriate to taken the income of injures at Rs.10,000/- per month. 7. As the claimant was aged 48 years, a multiplier of '13' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,80,800/- (Rs.10,000 x 12 x 13 x 18%) towards 'loss of future income'. 8. As a consequence, the amount of Rs.1,600/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.30,000/- (Rs.10,000 X 3). 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal. - 5 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 10. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards loss of amenities. 11. The sum awarded as medical expenses at Rs.1,84,674/-, being based on documentary evidence, do not call for modification and hence confirmed. 12. The sums awarded under other heads of compensation granted by the Tribunal, remains 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. Medical expenses 1,84,674 1,84,674 2. Future loss of income 92,160 2,80,800 3. Loss of income during laid up period 1,600 30,000 4. Conveyance charges 20,000 20,000 - 6 - HC-KAR CNR: KAHC010125042020 NC: 2026:KHC:46531 MFA No. 3392 of 2020 5. Pain and sufferings 50,000 75,000 6. Food, nourishment and attendant charges 20,000 20,000 7. Loss of amenities - 50,000 Total 3,68,434 6,60,474 14. Thus, the claimant is held entitled to the total compensation of Rs.6,60,474/- as against Rs.3,68,434/-, along with interest at the rate of 6% per annum from the date of petition till its realization. 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. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 3