SRI ATEEQ UR REHMAN vs TATA AIG GENERAL INSURANCE COMPANY LTD.,

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:59885
MFA No. 6335 of 2025


CNR: KAHC010559352025




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 28 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

MISCELLANEOUS FIRST APPEAL NO. 6335 OF 2025 (MV-I)

BETWEEN:


SRI. ATEEQ UR REHMAN
S/O HIFZULLA
NOW AGED ABOUT 12 YEARS,
NO. 211, KSCB QUARTERS
LAKSHMIDEVINAGAR
NANDINI LAYOUT
BENGALURU -560 096

APPELLANT BEING MINOR
REPRESENTED BY HIS FATHER
AND NATURAL GUARDIAN
SRI. HIFZULLA S/O NASRULLA,
…APPELLANT











(BY SRI. B. CHANDRASHEKHARAIAH, ADVOCATE FOR
SRI. GIRI MALLAIAH, ADVOCATE)

AND:

1. TATA AIG GENERAL INSURANCE COMPANY LTD.,
NO. 69,3RD FLOOR, J.P AND DEVI
JAMBUKESHWAR ARCADE
MILLERS ROAD,
BENGALURU - 560 052
BY ITS MANAAGER

2. BLUE LINE TOURS AND TRAVELERS
NO.09, M.M VILLA
TERRACE GARDEN

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 6335 of 2025


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SRI. GURU RAGHAVENDRA NAGARA
J.P.NAGAR, 7TH PHASE
BENGALURU - 500 078
BY ITS PROPRITER.
…RESPONDENTS
(BY SRI. HEGDE SUBRAYA VENKATARAMAN, ADVOCATE
FOR R1;
VIDE ORDER DATED 28.08.2025, NOTICE TO R2 IS
DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 11.06.2025 PASSED IN MVC
NO.7856/2025 ON THE FILE OF THE XXI ADDITIONAL SCJ AND
ACJM, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 11.06.2025 passed in MVC
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
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MFA No. 6335 of 2025


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No.7856/2023 by XXI Additional Small Causes Judge and
ACJM and Member, MACT, Bengaluru (SCCH-23).

2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.1/insurer, the matter is taken up for disposal.


3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
by him in a road traffic accident occurred on 26.08.2023
contending that the accident occurred due to rash and
negligent driving by the driver of Car bearing registration
No.KA-05-AG-2443.


4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:

Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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HC-KAR
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MFA No. 6335 of 2025


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Sl.
No.
Particulars Amount
1. Pain and suffering, loss of
comforts and loss of future
prospects due to disability
Rs. 1,00,000/-
2. Medical expenses Rs. 13,400/-
3. Discomfort, inconvenience
and loss of income to the
parents during the period of
hospitalisation
Rs. 60,000/-
4. Attendant charges, food,
nourishment and traveling
expenses
Rs. 10,500/-
5. Future medical and other
incidental expenses
Rs. 10,000/-
Total Rs. 1,93,900/-


5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed respondent No.1/insurer to pay
the compensation awarded. The claimant has filed the
present appeal seeking enhancement of compensation.

6. Heard the learned counsel for appellant and
learned counsel for respondent No.1/insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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MFA No. 6335 of 2025


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7. The accident occurred on 26.08.2023 and as on
the date of accident, the claimant was aged nine (09)
years.

8. Learned counsel for the appellant would
contend that, as per the decision of Hon'ble Apex Court in
the case of HITESH NAGJIBHAI PATEL vs. BABABHAI
NAGJIBHAI RABARI & ANR. reported in (2025) INSC
1070 , in the cases of injury to the minor, the
compensation to be awarded for loss of future income due
to disability taking the income based on the minimum
wages, apply multiplier and percentage of disability. The
Tribunal applied the ratio as per the decision of Hon'ble
Apex Court in the case of MASTER MALLIKARJUN vs.
DIVISIONAL MANAGAR, THE NATIONAL INSURANCE
CO. LTD. & ANOTHER reported in 2013 ACJ 2445 and
has awarded the compensation. In the case of HITESH
NAGJIBHAI PATEL supra , the compensation in cases of
injury to minor, the income has to be taken based on the
minimum wages and considering the said disability, apply
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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multiplier and award compensation. Apart from the said
compensation, the compensation is also to be awarded
towards pain and sufferings, loss of amenities, loss of
income during laid up period, medical expenses and
attendant and conveyance charges etc.

9. The claimant has sustained the following
injuries:

a) Abrasion present over the right ear lobe

b) Fracture of the right femur (thigh bone)


10. Considering the said injuries sustained, the
claimant has to take rest atleast for two (02) months and
the parent of the claimant has to take care of the claimant
and therefore the claimant is entitled to loss of income
during laid up period to parent for two (02) months in a
sum of Rs.32,500/- (Rs.16,250/- X 02 months). The
minimum wages for skilled labour for the year 2023 is
around Rs.16,250/- and the said amount is also the
notional income fixed by the Karnataka State Legal
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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Services Authority and therefore the said notional income
is taken. The multiplier applicable is '15' since the claimant
is aged nine (09) years.

11. P.W.3 - Doctor has stated that he has examined
the claimant, assessed his disability and the claimant has
sustained 37% disability to the lower limb and 12% to the
whole body. The Tribunal has taken the disability to the
whole body at 10%. P.W.2 - Doctor has stated that the
fracture is united. Considering the said evidence of the
Doctor, the Tribunal has rightly taken the disability at
10%. In view of the same, the claimant is entitled to loss
of future income due to disability as under:
Rs.16,250/- X 12 X 15 X 10% = Rs.2,92,500/-

12. The claimant has been admitted in hospital for
seven (07) days and therefore entitled to food,
nourishment, attendant and conveyance charges in a sum
of Rs.7,000/- (Rs.1,000/- X 07 days).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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13. The Doctor has stated that the claimant has to
undergo surgery for removal of implants and therefore the
claimant is entitled to future medical expenses in a sum of
Rs.30,000/-.

14. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 40,000/-
2. Loss of amenities Rs. 30,000/-
3. Medical expenses Rs. 13,400/-
4. Food, nourishment,
attendant and conveyance
charges
Rs. 7,000/-
5. Future medical expenses Rs. 30,000/-
6. Loss of future income due to
disability
Rs. 2,92,500/-
7. Loss of income during laid
up period to parent
Rs. 32,500/-
Total Rs. 4,45,400/-


15. The claimant is entitled to total compensation of
Rs.4,45,400/- as against Rs.1,93,900/- awarded by the
Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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16. Consequently, the claimant is entitled to
enhanced compensation of Rs.2,51,500/- (Rs.4,45,400/- -
Rs.1,93,900/-) with interest at the rate of 6% per annum
from the date of petition till realisation.

17. Respondent No.1/insurer is liable to pay the
said enhanced compensation amount with interest.

18. The appellant/claimant is not entitled to interest
on future medical expenses of Rs.30,000/-.

19. In view of the above, the following:

ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.2,51,500/-
with interest (excluding interest on future
medical expenses of Rs.30,000/-) at the
rate of 6% per annum from the date of
petition till realisation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

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iii) Respondent No.1/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
iv) The Tribunal shall keep the said enhanced
compensation amount in Fixed Deposit in
the name of the claimant with Karnataka
Bank, City Civil Court branch, Bengaluru till
he attains majority.

Digitally Signed By:
SHIVASHANKAR BASAPPA

AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA

(SHIVASHANKAR AMARANNAVAR)
JUDGE


KLV
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