Sri Azaruddin @ Bhadruddin v. Abbas H

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3352 OF 2020(MV-I) BETWEEN:

SRI AZARUDDIN @ BHADRUDDIN S/O ABBAS AGED ABOUT 28 YEARS, R/O DILDAR STREET VIJAYAPURA EXTENSION CHIKKAMAGALURU - 577 101 …APPELLANT (BY SRI. A.K. BHAT, ADVOCATE FOR SRI. SATISH R GIRJI, ADVOCATE) AND:

¶1ABBAS H S/O HAJIYABBA AGED ABOUT 61 YEARS R/O DILDAR STREET VIJAYAPURA EXTENSION CHIKKAMAGALURU - 577 101

¶2M/S UNITED INDIA INSURANCE COMPANY LTD., THOGARIHANKAL CIRCLE, CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SRI. B.C.SEETHARAMA RAO, ADVOCATE FOR R2, R1 - SERVED AND UNREPRESENTED) Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 15.10.2019 PASSED IN MVC NO. 185/2017 ON THE FILE OF THE M.A.C.T. AND IST ADDITIONAL SENIOR CIVIL JUDGE, JMFC, CHIKKAMAGALURU, 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.5,24,678/- awarded by the Tribunal vide judgment and award dated 15.10.2019 passed in MVC.No.185/2017, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured are 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 50,000

¶2Attendant, food and extra nourishment 8,700

¶3Towards medical bill 3,65,978

¶4Towards disability 1,00,000 Total 5,24,678

¶4The Tribunal has not awarded any compensation on the head of future loss of income. Though the Tribunal has discussed in respect of disability sustained by the injured in paragraph No.18(d) of the impugned judgment, however, the Tribunal has not awarded any compensation on the head of future loss of income.

¶5On careful perusal of evidence of CW.1 - Doctor and Exs.C1 to C5, the doctor has deposed that the claimant - injured sustained neurobehavioral disability to the extent of 20% and the other disability at 20.22%. Thus, the total disability would be 40.22%. CW.1 is the doctor who has not treated the injured immediately after the accident, however, he treated him subsequently and issued a certificate after a few

months. However, the doctor has categorically stated in his evidence that the claimant sustained neurobehavioral disability at 20%. Considering the evidence of CW.1 and Exs.C1 to C5, I deem it just and proper to assess the disability at 22% to the whole body.

¶6Since the claimant failed to produce any authenticated document to prove his monthly income, it is prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2012, would be Rs.7,000/-.

¶7Since the claimant has suffered 22% disability and is aged about 21 years, 40% future prospects requires to be added to the said income, which would be Rs.9,800/- (7,000/- + 40%). Thus, the income of the claimant would be Rs.9,800/-.

¶8As the claimant was aged 21 years, the appropriate multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.4,65,696/- (9,800 x 12 x 18 x 22%) towards 'loss of future income'.

¶9Consequently, the claimant would be entitled to Rs.21,000/- (7,000 X 3 months) towards 'loss of income during the laid up period' treating the laid up period as three months.

¶10Having regard to the injuries suffered by the claimant and its lasting effect, the claimant would be entitled to a sum of Rs.75,000/- towards 'pain and suffering' as against Rs.50,000/- awarded by the Tribunal and a sum of Rs.50,000/- towards 'loss of amenities'.

¶11Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'Attendant, food and extra nourishment' at Rs.15,000/- as against the sum of Rs.8,700/- awarded by the Tribunal.

¶12The sum awarded as medical expenses at Rs.3,65,978/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶13Consequently, 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 sufferings 50,000 75,000

¶2Attendant, food and extra nourishment 8,700 15,000

¶3Towards medical bill 3,65,978 3,65,978

¶4Towards disability 1,00,000 --

¶5Towards loss of future income --- 4,65,696

¶6Loss of income during laid up period --- 21,000

¶7Loss of amenities --- 50,000 Total 5,24,678 9,92,674

¶14Thus, the claimant is held entitled to the total compensation of Rs.9,92,674/- as against Rs.5,24,678/-. The enhanced compensation shall carry 6% interest per annum from the date of petition till its realization.

¶15The 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 CR/List No.: 1 Sl No.: 1