Sri B N Harish Vs Mr Manjunatha v

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 02.07.2021 PASSED IN MVC NO.548/2019 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, TIPTUR.

¶25

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

¶27

ORAL JUDGMENT

¶28

The claimant, being dissatisfied with the compensation of Rs.12,85,240/- awarded by the Tribunal in MVC No.548/2019 vide judgment and award dated 02.07.2021, is in appeal.

¶29

The fact that the accident occurred and the further fact

¶30

that the offending vehicle was insured is not in dispute.

¶31

The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

¶32

3 -

¶33

HC-KAR

¶34

NC: 2026:KHC:36533 MFA No. 7156 of 2021

¶35

CNR: KAHC010494502021

¶36

Sl. No.	Particulars	Amount in (Rs.)
1.	Towards loss of future earnings	2,82,240
2.	Towards pain and suffering	2,50,000
3.	Towards loss of amenities in life	1,50,000
4.	Towards medical expenses, attendant, food and nourishment and other incidental charges	5,00,000
5.	Towards future medical expenses	75,000
6.	Loss of income during laid up period	28,000
	Total	12,85,240

¶37

The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 21% to the whole body. Considering the evidence of PW-2, the Doctor and having regard to the nature of injuries sustained and surgeries made, it would be just and appropriate to consider disability at 23% to the whole body.

¶38

The Tribunal has determined the monthly income, notionally at Rs.7,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly

¶39

4 - NC: 2026:KHC:36533 MFA No. 7156 of 2021

¶40

HC-KAR

¶41

CNR: KAHC010494502021

¶42

income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-. Since the disability is at the rate of 23%, in view of law laid by the Division Bench of this Court in MFA No.103807/2016 and connected with other matter and also by the Hon'ble Apex Court in the case of Sidram vs. United India reported in 2023 (3) SCC 439 , the future prospectus of 40% is added to the income. Hence, the income of the claimant would be at Rs.17,500/- (12,500 + 40%)

¶43

As the claimant was aged 32 years, a multiplier of '16' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.7,72,800/- (Rs.17,500 x 12 x 16 x 23%) towards 'loss of future income'.

¶44

As a consequence, the amount of Rs.28,000/- awarded by the Tribunal towards 'loss of income during the laid up period' would modified to Rs.62,500/- (Rs.12,500 X 5) treating the laid up period as three months.

¶45

5 - NC: 2026:KHC:36533 MFA No. 7156 of 2021

¶46

HC-KAR

¶47

CNR: KAHC010494502021

¶48

Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to attendant charges' at Rs.80,000/- .

¶49

Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.1,00,000/- towards 'future medical expenses' as against Rs.75,000/awarded by the Tribunal.

¶50

The sum awarded as medical expenses, food, nourishment and conveyance charges at Rs.5,00,000/-, being based on documentary evidence, do not call for modification and hence confirmed.

¶51

The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

¶52

Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation:

¶53

6 -

¶54

HC-KAR

¶55

NC: 2026:KHC:36533 MFA No. 7156 of 2021

¶56

CNR: KAHC010494502021

¶57

Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Towards loss of future earnings	2,82,240	7,72,800
2.	Towards pain and suffering	2,50,000	2,50,000
3.	Towards loss of amenities in life	1,50,000	1,50,000
4.	Towards medical expenses, attendant, food and nourishment and other incidental charges	5,00,000	5,00,000
5.	Towards future medical expenses	75,000	1,00,000
6.	Loss of income during laid up period	28,000	62,500
7.	Towards attendant charges	-	80,000
	Total	12,85,240	19,15,300