UNITED INDIA INSURANCE CO. LTD., vs SUHAIL PASHA. A
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 8 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2377 OF 2021
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2292 OF 2021
(MV-I)
IN MFA No. 2377/2021
BETWEEN:
1. UNITED INDIA INSURANCE CO. LTD.,
TH
REGIONAL OFFICE NO.18, 5 FLOOR,
KRISHI BHAVAN, HUDSON CIRCLE,
Digitally
signed by
SUSHMA
LAKSHMI
B S
Location:
High
Court of
Karnataka
NRUPATHUNGA ROAD,
BENSGALURU – 560 027,
REPRESENTED BY REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
TH
REGIONAL OFFICE, 6 FLOOR,
KRISHI BHAVAN, HUDSON CIRCLE,
NRUPATHUNGA ROAD,
BENGALURU – 560 027.
…APPELLANT
(BY SRI. MANJULA NEMICHANDRA TEJASWI., ADVOCATE)
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
AND:
1. SUHAIL PASHA A.,
S/O AMEER JAN,
AGED ABOUT 25 YEARS,
R/AT ADDAGAL VILLAGE AND POST,
SRINIVASAPURA TLAUK,
KOLARA DISTRICT.
2. D. MOHANKUMAR REDDY,
S/O D. BHASKARA REDDY,
AGED MAJOR,
R/O NO.2-5-91-1, SATRAM VEEDI,
ALLAGADDA, KURNOOL,
ANDHRA PRADESH.
…RESPONDENTS
(BY SRI. SUSHMITHA G., ADVOCATE FOR R1;
NOTICE TO R2 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.09.2019, PASSED IN
MVC.NO.4949/2017, ON THE FILE OF THE II-ADDITIONAL
JUDGE AND A.C.M.M., COURT OF SMALL CAUSES, M.A.C.T. AT
BENGALURU (SCCH-13), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
IN MFA NO. 2292/2021
BETWEEN:
1. UNITED INDIA INSURANCE CO. LTD.,
TH
REGIONAL OFFICE NO.18, 5 FLOOR,
KRISHI BHAVAN, HUDSON CIRCLE,
NRUPATHUNGA ROAD,
BENSGALURU – 560 027,
REPRESENTED BY REGIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
TH
REGIONAL OFFICE, 6 FLOOR,
KRISHI BHAVAN, HUDSON CIRCLE,
NRUPATHUNGA ROAD,
BENGALURU – 560 027.
...APPELLANT
(BY SRI. MANJULA NEMICHANDRA TEJASWI., ADVOCATE)
AND:
1. SALEEM PASHA A.,
S/O AMEER JAN,
AGED ABOUT 23 YEARS,
R/AT ADDAGAL VILLAGE AND POST,
SRINIVASAPURA TALUK,
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
KOLARA DISTRICT.
2. D. MOHANKUMAR REDDY,
S/O D. BHASKARA REDDY,
AGED MAJOR,
R/O NO.2-5-91-1, SATRAM VEEDI,
ALLAGADDA, KURNOOL,
ANDHRA PRADESH.
...RESPONDENTS
(BY SRI. SUSHMITHA G., ADVOCATE FOR R1;
NOTICE TO R2 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 27.09.2019, PASSED
IN MVC.NO.4950/2017, ON THE FILE OF THE II
ADDITIONAL JUDGE AND A.C.M.M., COURT OF SMALL
CAUSES, M.A.C.T. AT BENGALURU (SCCH-13), PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
ORAL JUDGMENT
1. These appeals have been filed by the Insurance
Company seeking to set aside the judgment and award
dated 27.09.2019 passed in MVC Nos.4949/2017 and
4950/2017 on the file of the learned Court of Addl. Small
Causes Judge and the MACT, Bengaluru (SCCH-13)
challenging the quantum of compensation awarded by the
Tribunal.
2. The rank of the parties will be considered henceforth as
per their rankings before the Tribunal.
3. The facts of the case are that on 11.06.2016 at about
8.30 p.m., the petitioner- Suhail Pasha was riding his
motorcycle bearing Reg. No KA-01-HS-9984 along with
one Saleem Pasha as a pillion rider. The accident
occurred on B.C.Road, Srinivaspura Taluk. The car
bearing Reg. No AP-21-P-111 driven by its driver with
high speed in a rash and negligent manner came to the
wrong side of the road and dashed against two wheeler,
which in turn, dashed against the petitioner’s motorcycle.
Both the claimants had filed separate petitions before the
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
Tribunal and the Tribunal awarded compensation of
Rs.10,11,917/- and Rs.7,24,125/- respectively.
4. Heard Smt. Manjula Nemichandra Tejaswi, learned
counsel for the appellant and Smt. Sushmitha G, learned
counsel for respondent No.1.
5. The submission of learned counsel for the appellant in
MFA No.2377/2021 that the Tribunal while awarding the
compensation towards loss of future income has relied on
Exs.P.10 to P.12. However, the Tribunal ought to have
looked into Ex.P.12-resignation letter judiciously. The
said document would indicate that respondent No.1 had
tendered his resignation on 02.06.2017 itself and the said
resignation has been accepted with effect from
12.07.2017. In the meantime, the accident occurred on
11.06.2017. The Tribunal had failed to consider Ex.P.12
properly. Consequently, the award passed under the head
of loss of future income has to be set aside.
6. In MFA No. 2292/2021, the submission of learned counsel
for the appellant is that under the head of loss of future
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
income, the Tribunal awarded Rs.5,58,014/- on
considering the Ex.P.17. However, no termination letter
was produced to substantiate the same.
7. Per contra, learned counsel for the respondents in both
the cases vehemently submitted that the respondents are
not working and the Tribunal has awarded just
compensation under the conventional head viz., loss of
future income properly. Therefore, the appeals are
required to be dismissed. Making such submissions,
learned counsel for the respondents pray to dismiss the
appeals.
8. Having heard learned counsel for the respective parties
and on perusal of the findings of the Tribunal in both the
cases, the contentions raised by the learned counsel for
the appellants in both the cases, as to whether the
respondents in both the cases are working even after the
accident occurred has to be decided in order to determine
the loss of future income. Therefore, it is appropriate to
remand back the matter to the Tribunal. The appellant
Insurance Company is at liberty to produce any
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
documents to show that the respondents are working and
earning handsome income.
9. In the light of the observations made above, I proceed to
pass the following:
ORDER
i. The appeals are allowed in part.
ii. the judgment and award dated 27.09.2019 passed in
MVC Nos.4949/2017 and 4950/2017 on the file of the
learned Court of Addl. Small Causes Judge and the MACT,
Bengaluru (SCCH-13) is set aside in respect of
conventional head i.e., loss of future income.
iii. The matter is remanded back to the Tribunal.
iv. The Tribunal is directed to provide an opportunity to the
Insurance Company to produce any documents relating to
the employment of the respondents even after the
accident occurred.
v. If the Insurance Company fails to produce any
documents, the Tribunal is directed to consider the
income of the respondents at Rs.20,000/- in respect of
Saleem Pasha and Rs.22,500/- in respect of Suhail Pasha
as per their salary certificates.
vi. The Registry is directed to transmit the records along
with this order forthwith for necessary proceedings.
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HC-KAR
NC: 2026:KHC:56536
MFA No. 2377 of 2021
C/W MFA No. 2292 of 2021
CNR: KAHC010161142021
vii. All the contentions of the parties are kept open and the
Tribunal is directed to provide an opportunity to both the
parties to argue with the matter.
viii. The Tribunal is directed to dispose of the matter within
three months from the date of receipt of this order.
ix. Both the parties are directed to appear before the
Tribunal on 23.11.2026.
x. Registry is directed to transfer the amount deposited
before this Court to the Tribunal forthwith and the
Tribunal is directed to deposit the same in any
nationalized bank till disposal of the case.
Sd/-
(S RACHAIAH)
JUDGE
JS
List No.: 1 Sl No.: 36