Harish J @ Harish v. Iffco Tokio Gen Ins Co. Ltd

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.8144 OF 2022(MV-I) BETWEEN:

HARISH J @ HARISH S/O LATE JAYARAMAREDDY AGED ABOUT 28 YEARS OCC AGRICULTURIST R/O KELAGALAHATTY KASABA HOBLI CHITRADURGA TQ -577 002 …APPELLANT (BY SRI. SPOORTHY HEGDE N, ADVOCATE) AND:

¶1IFFCO TOKIO GEN INS CO. LTD REP BY ITS BRANCH MANAGER 1ST FLOOR, ABOVE BANK OF INDIA CHITRADURGA -577 001 by PANKAJA S Location: HIGH COURT OF KARNATAKA e -e2e-eeeee e e ((((((((((((HC-KAR NC:(2026:KHC:44127 MFA(No.(8144(of(2022 CNR:(KAHC010556312022

2., S,R,BASKARAREDDY, S/O,LATE,RAMAPPA, MAJOR,,,, OWNER,OF,PASSENGER,BUS,, BEARING,REG,NO.KA-16-A-8726, R/O,MEDEHALLI,ROAD,,, JAIN,COLONY, CHITRADURGA,-577001, …RESPONDENTS, (BY,SRI.,P.S,JAGADISH,,ADVOCATE,FOR,R1,, ,,,,,,NOTICE,TO,R2,IS,DISPENSED,WITH), , THIS,MFA,IS,FILED,U/S,173(1),OF,MV,ACT,AGAINST,THE, JUDGMENT, AND, AWARD, DATED, 19.03.2022, PASSED, IN, MVC, NO.,,1106/2019,,,ON,THE,FILE,OF,THE,II,ADDITIONAL,SENIOR, CIVIL, JUDGE, AND, JMFC,, MACT-V,, CHITRADURGA,,,,,,,,,,,,,,,,,,,,,,,,, PARTLY,ALLOWING,THE,CLAIM,PETITION,FOR,COMPENSATION, AND,SEEKING,ENHANCEMENT,OF,COMPENSATION.,, , THIS, APPEAL,, COMING, ON, FOR, ORDERS,, 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.6,17,400/- awarded by the Tribunal, 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 25,000

¶2Medical expenses 2,17,000

¶3Loss of amenities 10,000

¶4Loss of income during treatment and rest 28,000

¶5Attendant charges 5,000

¶6Food and nourishment 5,000

¶7Transport and incidental charges 25,000

¶8Loss of future income 3,02,400 Total 6,17,400

¶4The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 10% to the whole body.

¶5I have perused the evidence of the Doctor - PW.2 and the wound certificate/disability certificate. The same depicts that the claimant has suffered from fracture of proximal tibia of left leg.

¶6Since the Doctor has assessed permanent physical disability to the left lower limb at 48%, considering the nature and injuries suffered by the claimant and the disability assessed by the Doctor, I deem it just and appropriate to reassess the disability at 16% instead of 10% as assessed by the Tribunal. Accordingly, the disability suffered by the claimant would be at 16%.

¶7The Tribunal has rightly determined the monthly income, notionally at Rs.14,000/- per month.

¶8As the claimant was aged 25 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant

would be entitled to a sum of Rs.4,83,840/- (14,000 x 12 x 18 x 16%) towards 'loss of future income' as against sum of Rs.3,02,400/- awarded by the Tribunal.

¶9Having regard to the nature of injuries suffered by the claimant, the claimant would be entitled to Rs.42,000/- (14,000 X 3 months) towards 'loss of income during the laid up period' as against sum of Rs.28,000/- awarded by the Tribunal.

¶10Having 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.

¶11Having 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, as against the sum of Rs.10,000/- awarded by the Tribunal.

¶12The sum awarded as medical expenses at Rs.2,17,000/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶13The sums awarded under other heads of compensation granted by the Tribunal, remains unaltered.

¶14Consequently, 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 suffering 25,000 40,000

¶2Medical expenses 2,17,000 2,17,000

¶3Loss of amenities 10,000 30,000

¶4Loss of income during treatment and rest 28,000 42,000

¶5Attendant charges 5,000 5,000

¶6Food and nourishment 5,000 5,000

¶7Transport and incidental charges 25,000 25,000

¶8Loss of future income 3,02,400 4,83,840 Total 6,17,400 8,47,840

¶15Thus, the claimant is held entitled to the total compensation of Rs.8,47,840/-as against Rs.6,17,400/-

along with interest at the rate of 6% per annum from the date of petition till its realization. However, it is made clear that the claimant is not entitled for interest for the delayed period in filing this appeal.

¶16The 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.

¶17The apportionment of compensation amount shall be in terms of the award of the Tribunal.

¶18The appeal is accordingly allowed in part.

¶19In view of the disposal of the appeal, the pending I.A.'s if any, shall stand disposed of. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 25