Arunkumar B v. Gangaraju V

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3892 OF 2020 (MV-I) BETWEEN: ARUNKUMAR B., S/O BHEEMAIAH, AGED ABOUT 24 YEARS, R/A BILLANAKOTE VILALGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N.R., ADVOCATE) AND:

¶1GANGARAJU V., S/O VENKATESH, AGED MAJOR R/AT BILLANAKOTE VILLAGE, SOMPURA HOBI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT 562 123.

¶2THE REGIONAL MANAGER NATIONAL INS. CO., LTD., SHUBHARAM COMPLEX, NO.28, 5TH FLOOR Location: HIGH COURT OF KARNATAKA e -e2e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:41654 MFA(No.(3892(of(2020 CNR:(KAHC010237722020 M.G.,ROAD,,, BANGLAORE,560,001.,

3., KUMARSWAMY,, S/O,GOVINDARAJU,, AGED,MAJOR,, R/AT,MACHANAHALLI,VILLAGE,, KESARAMADU,POST,, URDAGERE,HOBLI,, TUMKRU,TALUK,AND,DISTRICT,572,101.,

4., THE,MANAGER,, IFFCO,TOKIO,GENL.INS.,CO.,LTD.,, SRISHANTHI,TOWERS,, CUSTOMER,SERVICE,CENTRE,, 5TH,FLOOR,,NGEF,LAYOUT,, KASTURI,NAGAR,,BENGALURU,560,043., …RESPONDENTS, (BY,SRI.RAVISH,BENNI,,ADVOCATE,FOR,R-2;, ,,,,,,SRI.B.PRADEEP,,ADVOCATE,FOR,R-4;, ,,,,,,V/O,DTD.,20.04.2022,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, DT.05.02.2020, PASSED, IN, MVC, NO.808/2018, ON, THE, FILE, OF, THE, MEMBER,, MACT,, XVI, ADDITIONAL,JUDGE,,COURT,OF,SMALL,CAUSES,,BENGALURU,, (SCCH-14)., , THIS, APPEAL,, COMING, ON, FOR, HEARING,, THIS, DAY,, JUDGMENT,WAS,DELIVERED,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT

¶1The claimant, being dissatisfied with the compensation of Rs.1,64,700/- awarded by the Tribunal in MVC No.808/2018 vide judgment and award dated 05.02.2020, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured is not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)

¶1Pain and suffering 40,000

¶2Food and nourishment, conveyance and attendant charges 3,000

¶3Loss of income during the period of treatment 24,000

¶4Loss of future earnings 1,38,240

¶5Loss of amenities 30,000

Sub Total - 2,35,240

Less 30% contributory negligence 70,572

Total 1,64,668 Rounded off to 1,64,700

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. By considering the evidence of PW.3 - the Doctor, the wound certificate at PW.3 and Discharge summary at Ex.P8, the same depict that the claimant suffered parasyemphysin fracture of mandible right, fracture of distal radius and fracture of 3rd metacarpal neck left side. Hence, I am of the considered view that the assessment of disability is on lower side and the same has to be assessed at 11% instead of 8% as assessed by the Tribunal.

¶5The Tribunal has determined the monthly income, notionally at Rs.8,000/-. Since there is 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/-.

¶6As 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.2,97,000/- (Rs.12,500 x 12 x 18 x 11%) towards 'loss of future income'.

¶7As a consequence, the amount of Rs.24,000/- 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).

¶8Having 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.

¶9Having 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.10,000/- as against the sum of Rs.3,000/- awarded by the Tribunal.

¶10The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

¶11The Tribunal held that injured-appellant also contributed 30% negligence to the accident, by placing reliance on the spot mahazar - Ex.P2. I have carefully perused the spot mahazar - Ex.P2, no doubt, the accident was caused in an 'U' turn. However, the charge sheet is filed against the rider of the offending motorcycle. As such, I am of the considered view that the negligence could be assessed at 20% on the part of the appellant-claimant and 80% on the part of the rider of the offending motorcycle. Accordingly, the said finding of the Tribunal is modified.

¶12Consequently, 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 this Court (Rs.)

¶1Pain and suffering 50,000

¶2Food and nourishment, conveyance and attendant charges 10,000

¶3Loss of income during the period of treatment 37,500

¶4Loss of future earnings 2,97,000

¶5Loss of amenities 30,000 Sub Total 4,24,500 Less 20% contributory negligence 84,900 Total 3,39,600

¶13Thus, the claimant is held entitled to the total compensation of Rs.3,39,600/- as against Rs.1,64,668/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

¶14The Insurance Company is directed to deposit the 80% 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.: 7