- 1 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4670 OF 2021(MV-I) BETWEEN: H.B SIDDEGOWDA S/O BASAVARAJU AGED ABOUT 32 YEARS R/AT HAROHALLI VILLAGE KURUBARA BEEDI PANDAVARPURA TOWN & TALUK MANDYA DISTRICT- 571 434 …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: THE MANAGER TATA AIG GIC LTD Digitally signed by 1ST FLOOR, SUNNY CENTER PANKAJA S NO.374, NEW KALIDASA ROAD Location: HIGH VIJAYANAGAR, 1ST STAGE COURT OF MYSURU-570 017 KARNATAKA …RESPONDENT (BY SRI. S.V HEGDE MULKHAND, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.04.2021 PASSED IN MVC NO.102/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 2 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 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.10,83,963/- awarded by the Tribunal, 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. Amount Particulars No. in (Rs.) 1. Pain, shock and agony 50,000 2. Medical expenses 3,99,583 Food, diet, nourishment and 3. 40,000 other incidental expenses 4. Conveyance Expenses 48,000 5. Future medical expenses 1,00,000 Loss of income during 6. 13,500 treatment period 7. Towards permanent disability 3,62,8800 - 3 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR Towards discomfort, unhappiness, loss of life 8. 70,000 expectations, enjoyment of future life Total 10,88,963 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 21% to the whole body. 5. I have perused the wound certificate - Ex.P7 and disability certificate-Ex.P51. The same depicts that the claimant has suffered poly trauma with left leg crush injury with Tibia shaft fracture. Diagnosed as post Traumatic - Necrotic Changes over skin - left. 6. Since the Doctor has assessed the disability at 60.5% to the particular limb, the Tribunal has assessed the disability at 21% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I am of the considered view that the Tribunal has rightly assessed the disability at 21%. Accordingly, the disability suffered by the claimant would be at 21%. - 4 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR

7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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/-. Since the claimant has suffered 21% disability and is aged 35 years, 40% future prospects requires to be added to the said income, which would be Rs.17,500/- (12,500 + 40%). Thus, the income of the claimant would be Rs.17,500/-. 8. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.7,05,600/- (17,500 x 12 x 16 x 21%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain, shock and agony' as against Rs.50,000/- awarded by the Tribunal. - 5 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 10. In view of the nature of the injuries suffered by the claimant, it would be appropriate to take the laid up period as three months instead of one and half month. Thus, the amount of Rs.13,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500/- X 3).

11. 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.45,000/- towards 'food, diet, nourishment and other incidental expenses', as against the sum of Rs.40,000/-awarded by the Tribunal. 12. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'discomfort, unhappiness, loss of life expectations, enjoyment of future life', as against the sum of Rs.70,000/- awarded by the Tribunal. - 6 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 13. The sums awarded under the head 'medical expenses', 'conveyance expenses', 'future medical expenses' remain unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: As As Compensation under awarded awarded Sl. different Heads by the by this No. Tribunal Court (Rs.) (Rs.) 1. Pain, shock and agony 50,000 1,00,000 2. Medical expenses 3,99,583 3,99,583 Food, diet, nourishment 3. and other incidental 40,000 45,000 expenses 4. Conveyance Expenses 48,000 48,000 5. Future medical expenses 1,00,000 1,00,000 Loss of income during 6. 13,500 37,500 treatment period Towards permanent 7. 3,62,8800 7,05,600 disability Towards discomfort, 8. unhappiness, loss of life 70,000 1,00,000 expectations, enjoyment of future life Total 10,83,963 15,35,683

15. Thus, the claimant is held entitled to the total compensation of Rs.15,35,683/- as against Rs.10,83,963/-, - 7 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR along with interest at the rate of 6% per annum from the date of petition till its realization. 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. The amount, if any, deposited shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 44

- 1 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4670 OF 2021(MV-I) BETWEEN: H.B SIDDEGOWDA S/O BASAVARAJU AGED ABOUT 32 YEARS R/AT HAROHALLI VILLAGE KURUBARA BEEDI PANDAVARPURA TOWN & TALUK MANDYA DISTRICT- 571 434 …APPELLANT (BY SRI. VIJAY KUMAR T, ADVOCATE) AND: THE MANAGER TATA AIG GIC LTD Digitally signed by 1ST FLOOR, SUNNY CENTER PANKAJA S NO.374, NEW KALIDASA ROAD Location: HIGH VIJAYANAGAR, 1ST STAGE COURT OF MYSURU-570 017 KARNATAKA …RESPONDENT (BY SRI. S.V HEGDE MULKHAND, ADVOCATE FOR R1, NOTICE TO R2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.04.2021 PASSED IN MVC NO.102/2019 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, PANDAVAPURA, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - 2 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 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.10,83,963/- awarded by the Tribunal, 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. Amount Particulars No. in (Rs.) 1. Pain, shock and agony 50,000 2. Medical expenses 3,99,583 Food, diet, nourishment and 3. 40,000 other incidental expenses 4. Conveyance Expenses 48,000 5. Future medical expenses 1,00,000 Loss of income during 6. 13,500 treatment period 7. Towards permanent disability 3,62,8800 - 3 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR Towards discomfort, unhappiness, loss of life 8. 70,000 expectations, enjoyment of future life Total 10,88,963 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 21% to the whole body. 5. I have perused the wound certificate - Ex.P7 and disability certificate-Ex.P51. The same depicts that the claimant has suffered poly trauma with left leg crush injury with Tibia shaft fracture. Diagnosed as post Traumatic - Necrotic Changes over skin - left. 6. Since the Doctor has assessed the disability at 60.5% to the particular limb, the Tribunal has assessed the disability at 21% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records, I am of the considered view that the Tribunal has rightly assessed the disability at 21%. Accordingly, the disability suffered by the claimant would be at 21%. - 4 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR

7. The Tribunal has determined the monthly income, notionally at Rs.9,000/-. 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/-. Since the claimant has suffered 21% disability and is aged 35 years, 40% future prospects requires to be added to the said income, which would be Rs.17,500/- (12,500 + 40%). Thus, the income of the claimant would be Rs.17,500/-. 8. As the claimant was aged 35 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.7,05,600/- (17,500 x 12 x 16 x 21%) towards 'loss of future income'. 9. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'pain, shock and agony' as against Rs.50,000/- awarded by the Tribunal. - 5 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 10. In view of the nature of the injuries suffered by the claimant, it would be appropriate to take the laid up period as three months instead of one and half month. Thus, the amount of Rs.13,500/- awarded by the Tribunal towards 'loss of income during the laid up period' would also stand enhanced to Rs.37,500/- (12,500/- X 3).

11. 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.45,000/- towards 'food, diet, nourishment and other incidental expenses', as against the sum of Rs.40,000/-awarded by the Tribunal. 12. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'discomfort, unhappiness, loss of life expectations, enjoyment of future life', as against the sum of Rs.70,000/- awarded by the Tribunal. - 6 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR 13. The sums awarded under the head 'medical expenses', 'conveyance expenses', 'future medical expenses' remain unaltered. 14. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: As As Compensation under awarded awarded Sl. different Heads by the by this No. Tribunal Court (Rs.) (Rs.) 1. Pain, shock and agony 50,000 1,00,000 2. Medical expenses 3,99,583 3,99,583 Food, diet, nourishment 3. and other incidental 40,000 45,000 expenses 4. Conveyance Expenses 48,000 48,000 5. Future medical expenses 1,00,000 1,00,000 Loss of income during 6. 13,500 37,500 treatment period Towards permanent 7. 3,62,8800 7,05,600 disability Towards discomfort, 8. unhappiness, loss of life 70,000 1,00,000 expectations, enjoyment of future life Total 10,83,963 15,35,683

15. Thus, the claimant is held entitled to the total compensation of Rs.15,35,683/- as against Rs.10,83,963/-, - 7 - NC: 2026:KHC:34849 MFA No. 4670 of 2021 HC-KAR along with interest at the rate of 6% per annum from the date of petition till its realization. 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. The amount, if any, deposited shall be transmitted to the Tribunal. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 44