- 1 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3294 OF 2022 (MV-I) BETWEEN: CHIKKEGOWDA, S/O LATE VENAKATEGOWDA, AGED ABOUT 59 YEARS, R/AT ANUGANALU VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 573 201. …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. VINODA H.V., S/O VEERABADHARA C.R. Digitally signed MAJOR, by PANKAJA S CHANANPATNA, Location: HIGH COURT OF 1ST CROSS, NEAR ARALIMARA, KARNATAKA H.N.PURA ROAD, HASSAN DIST 573 201. 2. THE MANAGER, NATIONAL INSURANCE CO., LTD., DIVISONAL OFFICER, MANJUNATHA COMPLEX, OLD BUS ROAD, HASSAN 573 201. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) - 2 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.11.2021 PASSED IN MVC NO.106/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT, HASSAN. 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.2,14,630/- 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. Towards loss of earning capacity 59,400 2. Towards pain and suffering 25,000 3. Towards conveyance charges 5,000 - 3 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR 4. Towards attendant charges 1,500 5. Medical expenses 73,724 6. Towards future medical expenses 45,000 Towards Nourishment and diet 7. 5,000 charges Total 2,14,624 Rounded off to 2,14,630 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 5% to whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate at Ex.P5. The same depicts that the claimant has suffered fracture of Tibia and Fibula of left leg and one laceration wound on left knee. 6. Since the Doctor has assessed the disability at 30% to the particular limb, 1/3rd of it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 10%. - 4 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 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 2017, would be Rs.11,000/-. 8. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,45,200/- (11,000 x 12 x 11 x 10%) towards 'loss of future income'. 9. The Tribunal has not awarded any amount towards 'loss of income during the laid up period'. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.33,000/-(11,000 X 3) considering the laid up period as three months. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/-towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. - 5 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR 11. The Tribunal has not awarded any amount towards 'loss of amenities. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.25,000/- towards 'loss of amenities'.

12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, nourishment and diet charges and attendant charges' at Rs.25,000/- as against the sum of Rs.11,500/-awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.73,724/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 15. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR As As awarded awarded Compensation under Sl. by the by this No. different Heads Tribunal Court (Rs.) (Rs.) Towards loss of earning 1. capacity 59,400 1,45,200 Towards pain and 2. 25,000 40,000 suffering Towards conveyance, Nourishment and diet 3. 11,500 25,000 charges and attendant charges 4. Medical expenses 73,724 73,734 Towards future medical 5. 45,000 45,000 expenses 6. Towards loss of amenities - 25,000 Towards loss of income 7. - 33,000 during laid up period Total 2,14,624 3,86,924 16. Thus, the claimant is held entitled to the total compensation of Rs.3,86,924/- as against Rs.2,14,624/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR

17. 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.: 13

- 1 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3294 OF 2022 (MV-I) BETWEEN: CHIKKEGOWDA, S/O LATE VENAKATEGOWDA, AGED ABOUT 59 YEARS, R/AT ANUGANALU VILLAGE, SALAGAME HOBLI, HASSAN TALUK - 573 201. …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. VINODA H.V., S/O VEERABADHARA C.R. Digitally signed MAJOR, by PANKAJA S CHANANPATNA, Location: HIGH COURT OF 1ST CROSS, NEAR ARALIMARA, KARNATAKA H.N.PURA ROAD, HASSAN DIST 573 201. 2. THE MANAGER, NATIONAL INSURANCE CO., LTD., DIVISONAL OFFICER, MANJUNATHA COMPLEX, OLD BUS ROAD, HASSAN 573 201. …RESPONDENTS (BY SRI.RAVISH BENNI, ADVOCATE FOR R-2; NOTICE TO R-1 IS D/W) - 2 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.16.11.2021 PASSED IN MVC NO.106/2019 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS COURT, HASSAN. 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.2,14,630/- 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. Towards loss of earning capacity 59,400 2. Towards pain and suffering 25,000 3. Towards conveyance charges 5,000 - 3 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR 4. Towards attendant charges 1,500 5. Medical expenses 73,724 6. Towards future medical expenses 45,000 Towards Nourishment and diet 7. 5,000 charges Total 2,14,624 Rounded off to 2,14,630 4. The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered disability to the extent of 5% to whole body. 5. I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate at Ex.P5. The same depicts that the claimant has suffered fracture of Tibia and Fibula of left leg and one laceration wound on left knee. 6. Since the Doctor has assessed the disability at 30% to the particular limb, 1/3rd of it would be just and appropriate to consider to assess the disability. Accordingly, the disability suffered by the claimant would be at 10%. - 4 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 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 2017, would be Rs.11,000/-. 8. As the claimant was aged 55 years, a multiplier of '11' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.1,45,200/- (11,000 x 12 x 11 x 10%) towards 'loss of future income'. 9. The Tribunal has not awarded any amount towards 'loss of income during the laid up period'. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.33,000/-(11,000 X 3) considering the laid up period as three months. 10. Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.40,000/-towards 'pain and suffering' as against Rs.25,000/- awarded by the Tribunal. - 5 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR 11. The Tribunal has not awarded any amount towards 'loss of amenities. Having regard to the injuries suffered and the treatment taken by the claimant, it would be just and appropriate to award a sum of Rs.25,000/- towards 'loss of amenities'.

12. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, nourishment and diet charges and attendant charges' at Rs.25,000/- as against the sum of Rs.11,500/-awarded by the Tribunal. 13. The sum awarded as medical expenses at Rs.73,724/-, being based on documentary evidence, do not call for modification and hence confirmed. 14. The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered. 15. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: - 6 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR As As awarded awarded Compensation under Sl. by the by this No. different Heads Tribunal Court (Rs.) (Rs.) Towards loss of earning 1. capacity 59,400 1,45,200 Towards pain and 2. 25,000 40,000 suffering Towards conveyance, Nourishment and diet 3. 11,500 25,000 charges and attendant charges 4. Medical expenses 73,724 73,734 Towards future medical 5. 45,000 45,000 expenses 6. Towards loss of amenities - 25,000 Towards loss of income 7. - 33,000 during laid up period Total 2,14,624 3,86,924 16. Thus, the claimant is held entitled to the total compensation of Rs.3,86,924/- as against Rs.2,14,624/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - NC: 2026:KHC:35652 MFA No. 3294 of 2022 HC-KAR

17. 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.: 13