- 1 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7545 OF 2022 (MV-I) BETWEEN: SUHAIL, S/O VAZEER HUSSAIN, NOW AGED ABOUT 22 YEARS, R/AT GONIBEEDU VILLAGE, MOODGERE TALUK, CHIKKAMAGALURU DISTRICT, PRESENTLY R/A C/O AARIF HUSSAIN, BEHIND P AND T QUARTERS, 5TH CROSS, SHANKARIPURAM, NEAR MINI VIDANASOUDHA,Digitally signed by PANKAJA S HASSAN TOWN, HASSAN. Location: HIGH …APPELLANTCOURT OF KARNATAKA (BY SRI. RAGHU R., ADVOCATE) AND: 1. VAZEER HUSSAIN, MAJOR, S/O ALI AKBAR, R/A GONIBEEDU VILLAGE, MOODGERE TALUK, CHIKKAMAGALURU DISTRICT-577132. - 2 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 2. THE MANAGER, UNITED INDIA INSURANCE CO., LTD., 2ND FLOOR, VENKATESHWARA BUILDING, B.M., HASSAN-573201. 3. ANISH E, MAJOR, S/O ILIYAZ, R/A NO.168, KRISHNAPURA, HALEMOODGERE TALUK, MOODGERE TALUK, CHIKKAMAGALUR DISTRICT-577132. …RESPONDENTS (BY SRI.P.B.RAJU, ADVOCATE FOR R-2; V/O/D 15.07.2026 NOTICE TO R-1 AND R-3 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.05.2022 PASSED IN MVC NO.805/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:36527

MFA No. 7545 of 2022 CNR: KAHC010504742022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.86,400/- awarded by the Tribunal in MVC No.805/2018 vide judgment and award dated 30.05.2022, 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 total compensation of Rs.86,400/-. 4. The Tribunal has not awarded any compensation on the head of loss of future income for the reason that the disability certificate has not been produced by the claimant. However, on careful examination of the evidence of PW.2 - Doctor and the wound certificate marked at Ex.P3 and case sheet at Ex.P9 and the MLC report at Ex.P8 coupled with the evidence of PW.2 Doctor, the claimant has suffered following deformities: 1. Right Hip and knee movements restricted and painful. 2. No able to lift the weight and walk - 4 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 3. Patient is not able to squat 4. Patient is not able to walk for longer distance. 5. X-ray taken and it shows fracture malunited and ligament repair done.

5. The Doctor has categorically stated that injured sustained 30% disability to the particular limb. Despite, the Tribunal has not considered the evidence of PW.2 solely on the ground that disability certificate has not produced. In view of Exs.P8 and P9, I am of the considered view that the Tribunal has erred by not considering the disability. As such, the findings of the Tribunal to that effect is liable to be modified and the disability is taken at 10% to the whole body. Accordingly, the claimant is entitled for 'loss of future income'. 6. The Tribunal has not determined the monthly income. 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/-. - 5 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 7. As the claimant was aged 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,70,000/- (12,500 x 12 x 18 x 10%) towards 'loss of future income'. 8. As a consequence, an amount of Rs.37,500/- is awarded towards 'loss of income during the laid up period' (Rs.12,500 X 3) treating the laid up period as three months.

9. Having regard to the injuries suffered by the claimant and the lasting effect of the same on the claimant, it would be just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' and Rs.30,000 towards loss of amenities. 10. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.11,400/-. 11. The sum awarded as medical expenses at Rs.40,000/-, being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 12. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. Amount No. Compensation under (Rs.) different Heads Towards Loss of future 2,70,000 1. income Towards Pain and 2. 50,000 sufferings Conveyance, food and 11,400 3. nourishment and attendant charges 4. Towards medical expenses 40,000 Towards income during laid 5. 37,500 up period 6. Towards loss of amenities 30,000 Total 4,38,900 13. Thus, the claimant is held entitled to the total compensation of Rs.4,38,900/- as against Rs.86,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022

14. 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.: 8

- 1 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7545 OF 2022 (MV-I) BETWEEN: SUHAIL, S/O VAZEER HUSSAIN, NOW AGED ABOUT 22 YEARS, R/AT GONIBEEDU VILLAGE, MOODGERE TALUK, CHIKKAMAGALURU DISTRICT, PRESENTLY R/A C/O AARIF HUSSAIN, BEHIND P AND T QUARTERS, 5TH CROSS, SHANKARIPURAM, NEAR MINI VIDANASOUDHA,Digitally signed by PANKAJA S HASSAN TOWN, HASSAN. Location: HIGH …APPELLANTCOURT OF KARNATAKA (BY SRI. RAGHU R., ADVOCATE) AND: 1. VAZEER HUSSAIN, MAJOR, S/O ALI AKBAR, R/A GONIBEEDU VILLAGE, MOODGERE TALUK, CHIKKAMAGALURU DISTRICT-577132. - 2 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 2. THE MANAGER, UNITED INDIA INSURANCE CO., LTD., 2ND FLOOR, VENKATESHWARA BUILDING, B.M., HASSAN-573201. 3. ANISH E, MAJOR, S/O ILIYAZ, R/A NO.168, KRISHNAPURA, HALEMOODGERE TALUK, MOODGERE TALUK, CHIKKAMAGALUR DISTRICT-577132. …RESPONDENTS (BY SRI.P.B.RAJU, ADVOCATE FOR R-2; V/O/D 15.07.2026 NOTICE TO R-1 AND R-3 IS D/W) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.05.2022 PASSED IN MVC NO.805/2018 ON THE FILE OF THE 5TH ADDITIONAL DISTRICT AND SESSIONS JUDGE, MACT, HASSAN. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:36527

MFA No. 7545 of 2022 CNR: KAHC010504742022 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT 1. The claimant, being dissatisfied with the compensation of Rs.86,400/- awarded by the Tribunal in MVC No.805/2018 vide judgment and award dated 30.05.2022, 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 total compensation of Rs.86,400/-. 4. The Tribunal has not awarded any compensation on the head of loss of future income for the reason that the disability certificate has not been produced by the claimant. However, on careful examination of the evidence of PW.2 - Doctor and the wound certificate marked at Ex.P3 and case sheet at Ex.P9 and the MLC report at Ex.P8 coupled with the evidence of PW.2 Doctor, the claimant has suffered following deformities: 1. Right Hip and knee movements restricted and painful. 2. No able to lift the weight and walk - 4 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 3. Patient is not able to squat 4. Patient is not able to walk for longer distance. 5. X-ray taken and it shows fracture malunited and ligament repair done.

5. The Doctor has categorically stated that injured sustained 30% disability to the particular limb. Despite, the Tribunal has not considered the evidence of PW.2 solely on the ground that disability certificate has not produced. In view of Exs.P8 and P9, I am of the considered view that the Tribunal has erred by not considering the disability. As such, the findings of the Tribunal to that effect is liable to be modified and the disability is taken at 10% to the whole body. Accordingly, the claimant is entitled for 'loss of future income'. 6. The Tribunal has not determined the monthly income. 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/-. - 5 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 7. As the claimant was aged 22 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.2,70,000/- (12,500 x 12 x 18 x 10%) towards 'loss of future income'. 8. As a consequence, an amount of Rs.37,500/- is awarded towards 'loss of income during the laid up period' (Rs.12,500 X 3) treating the laid up period as three months.

9. Having regard to the injuries suffered by the claimant and the lasting effect of the same on the claimant, it would be just and appropriate to award a sum of Rs.50,000/- towards 'pain and suffering' and Rs.30,000 towards loss of amenities. 10. Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Conveyance, food and nourishment and attendant charges' at Rs.11,400/-. 11. The sum awarded as medical expenses at Rs.40,000/-, being based on documentary evidence, do not call for modification and hence confirmed. - 6 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022 12. Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. Amount No. Compensation under (Rs.) different Heads Towards Loss of future 2,70,000 1. income Towards Pain and 2. 50,000 sufferings Conveyance, food and 11,400 3. nourishment and attendant charges 4. Towards medical expenses 40,000 Towards income during laid 5. 37,500 up period 6. Towards loss of amenities 30,000 Total 4,38,900 13. Thus, the claimant is held entitled to the total compensation of Rs.4,38,900/- as against Rs.86,400/-, along with interest at the rate of 6% per annum from the date of petition till its realization. - 7 - HC-KAR NC: 2026:KHC:36527 MFA No. 7545 of 2022 CNR: KAHC010504742022

14. 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.: 8