Sri Anil Naik @ Anil Kumar v. Sri Nasir Pasha

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 2048 OF 2021 (MV-I) BETWEEN: SRI. ANIL NAIK @ ANIL KUMAR S/O ANJINAPPA AGED ABOUT 20 YEARS, RESIDING AT KETHANAHALLI CHIKKABALLAPURA, BANGALORE RURAL …APPELLANT (BY SRI. R. LAKSHMANA, ADVOCATE) AND:

¶1SRI. NASIR PASHA NO.105, 2ND MAIN, 5TH CROSS, ISLAMAPUR HAL POST, BANGALORE NORTH, BANGALORE - 560 017.

¶2RELIANCE GENERAL INSURANCE COMPANY LTD., BY ITS REGIONAL MANAGER, REGIONAL OFFICE, NO.28, EAST WING, 5TH FLOOR, CENTENARY BUILDING, M.G.ROAD, BANGALORE PIN - 560 001. …RESPONDENTS (BY SRI. RAVI S. SAMPRATHI, ADVOCATE FOR R2 V/O DT. 07.02.2024, NOTICE TO R1 IS D/W) by PANKAJA S Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 10.12.2019 PASSED IN MVC NO.6989/2018 ON THE FILE OF THE IX ADDITIONAL SMALL CAUSES JUDGE AND ACMM, COURT OF SMALL CAUSES, MEMBER, MACT-7, BENGALURU SCCH-7, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS MFA, COMING ON FOR ADMISSION, 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.2,81,434/- awarded by the Tribunal in MVC.No.6989/2018 vide judgment and award dated 10.12.2019, 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 sufferings 40,000

¶2Actual medical expenses 1,07,754

¶3Special diet and conveyance 10,000

¶4Permanent disability 1,03,680

¶5Future medical expenses 20,000 Total 2,81,434

¶4The Tribunal, on analysis of medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body. However, on careful perusal of the record, it is seen that the claimant has suffered lacerated wound over upper lip, loss of left upper incisor, abrasion over forehead and angle of left eye and fracture of shaft of right upper 1/3rd femur and has undergone closed reduction and internal fixation with I/L nailing for fractured right femur under S.A. Accordingly, the Doctor has assessed the disability to the right lower limb at 55% and to the whole body at 18%. In view of same, I deem it just and appropriate to assess the disability at 18%.

¶5The Tribunal has determined the monthly income, notionally at Rs.6,000/-. 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 about 18 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,86,000/- (Rs.12,500 x 12 x 18 x 18%) towards 'loss of future income.

¶7The Tribunal has not awarded any sums towards loss of earnings during laid up period. As such, having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.37,500/- towards 'loss of income during the laid up period' treating the laid up period as three months.

¶8Having regard to the injuries suffered by the claimant, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and agony' as against Rs.40,000/- awarded by the Tribunal.

¶9The Tribunal has not awarded any sums towards loss of amenities. Having regard to the lasting effects of the injuries on the claimant, the claimant would be entitled to a sum of Rs.30,000/- towards loss of amenities.

¶10The sum of Rs.10,000/- awarded towards special diet, conveyance and attendant charges and Rs.20,000/- awarded towards future medical expenses, being just and proper, are affirmed.

¶11The sum of Rs.1,07,754/- awarded by the Tribunal towards medical expenses, being based on documentary evidence, is affirmed.

¶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 the Tribunal (Rs.) As awarded by this Court (Rs.)

¶1Pain and agony 40,000 50,000

¶2Loss of future income 1,03,680 4,86,000

¶3Medical expenses 1,07,754 1,07,754

¶4Future medical expenses 20,000 20,000

¶5Loss of income during the laid up period - 37,500

¶6Conveyance, attendant charges 10,000 10,000

¶7Loss of amenities and nourishment - 30,000 Total 2,81,434 7,41,254

¶13Thus, the claimant is held entitled to the total compensation of Rs.7,41,254/- as against Rs.2,81,434/-, 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 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 PKS List No.: 1 Sl No.: 27