- 1 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 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. 4258 OF 2021 (MV-I) BETWEEN: SRI. DAYANAND M C S/O CHIKKAMUNIYAPPA, AGED 23 YEARS, R/AT CHANDRAMOULESHWARA LAYOUT, HUNASAMARANAHALLI VILLAGE (POST), JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 562 157. …APPELLANT (BY SRI. M.B. CHANDRACHOODA, ADVOCATE) AND: 1. SRI Y MALATISHA KUMAR S/O YOGIRAJKUMAR, AGED 39 YEAS, NO.4, VEERANNAIAHSWAMY NILAYA, SIR M VISHWESHWARAIAH ROAD MUNISWAMAPPA BLOCK, SURABHI LAYOUT, YELAHANKA JAKKUR ROAD, BENGALURU - 560 064. 2. THE MANAGER, ICICI LOMBARD GENERAL INSURANCE COMPANY LTD NO.121, 9TH FLOOR, THE ESTATE BUILDING, Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 DICKENSON ROAD, M.G. ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2; R1 NOTICE SERVED) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.03.2021 PASSED IN MVC NO. 2423/2018 ON THE FILE OF THE IV ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, MOTOR VEHICLES ACCIDENT CLAIMS TRIBUNAL, BENGALURU CITY (SCCH-6), 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.4,83,019/- awarded by the Tribunal in MVC No.2423/2018 vide judgment and award dated 08.03.2021, 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: - 3 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 Sl. No. Particulars Amount in (Rs.) 1. Pain and Sufferings 40,000 2. Nutritious food and attendant charges 40,000 3. Medical expenses 1,68,219 4. Loss of earning during laid up period 32,000 5. Loss of future amenities and loss of happiness 30,000 6. Loss of income due to disability 1,72,800 Total 4,83,019 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 10% to the whole body. 5. I have perused the evidence of the Doctor - PW.4 and the wound certificate, the same disclose that the claimant has suffered following injuries, Laceration over scrotium Laceration over both lips and eyelids Fracture of right radius and - 4 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 Thalamic bleedings and cerebral heamarrhage Hence, I deem it appropriate to consider disability at 12% to the whole body. 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 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 20 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,85,120/- (Rs.11,000 x 12 x 18 x 12%) towards 'loss of future income'. 8. The sum awarded as 'medical expenses' at Rs.1,68,219/-, being based on documentary evidence, do not call for modification and hence confirmed. - 5 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 9. 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.40,000/- awarded by the Tribunal. 10. 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 Sufferings 40,000 50,000 2. Nutritious food and attendant charges 40,000 40,000 3. Medical expenses 1,68,219 1,68,219 4. Loss of earning during laid up period 32,000 32,000 5. Loss of future amenities and loss of happiness 30,000 30,000 6. Loss of income due to disability 1,72,800 2,85,120 Total 4,83,019 6,05,339 - 6 - HC-KAR CNR: KAHC010320182021 NC: 2026:KHC:46839 MFA No. 4258 of 2021 11. Thus, the claimant is held entitled to the total compensation of Rs.6,05,339/- as against Rs.4,83,019/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization. 12. The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of certified copy of this judgment. The appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE GPG List No.: 1 Sl No.: 4