THE MANAGER vs SRI HARIHARAN K
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 7584 OF 2025 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL No. 4974 OF 2025 (MV-I)
MISCELLANEOUS FIRST APPEAL No. 4986 OF 2025 (MV-I)
MISCELLANEOUS FIRST APPEAL No. 7580 OF 2025 (MV-I)
IN MFA No. 7584/2025
BETWEEN:
THE MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.
ND
TP CLAIMS HUB, No.9/2, 2 FLOOR
MAHALAKSHMI CHAMBERS
M.G.ROAD, BENGALURU-560 001.
…APPELLANT
(BY SMT. MALATHI T N, ADVOCATE)
AND:
1. SRI HARIHARAN K
S/O V. KRISHNAMURTHY
AGED 27 YEARS, R/AT 116
NEAR ANJINEYA TEMPLE
HEELAIGE VILLAGE, HEELALIGE
BENGALURU-560 099.
2. NETHAJI M
S/O MANOHARAN.V
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
ND
FLAT No.S-2, 2 FLOOR
NANDAS GOKULAM PLOT No.29
SAI NAGAR EXTN,
C.V.RAMAN CROSS STREET
CHITLAPAKKAM, NEAR ICICI BANK
CHENNAI, TAMIL NADU-600 064.
…RESPONDENTS
(BY SRI. JAGADEESH H T, ADVOCATE FOR R1
SRI NARASIMHA MURTHY V, ADVOCATE FOR R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED: 01.03.2025
PASSED IN MVC No. 6238/2023 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES,
MACT, BENGALURU CITY (SCCH-4), AWARDING
COMPENSATION OF Rs.9,00,413/-(FUTURE MEDICAL
EXPENSES SHALL NOT CARRY ANY INTEREST) WITH INTEREST
AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE
REALIZATION.
IN MFA No. 4974/2025
BETWEEN:
SRI SRIHARAN MUTHUKUMAR
S/O MUTHUKUMAR
AGED ABOUT 19 YEARS
R/AT No.15/8A, AGRAHARA STREETM
ANNUR (T.P) COIMBATORE
TAMIL NADU-641 653.
...APPELLANT
(BY SRI. JAGADEESH H T, ADVOCATE)
AND:
1. THE MANAGER
THE NEW INDIA ASSURANCE CO LTD.,
TP CLAIMS HUB
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
ND
No.9/2, 2 FLOOR
MAHALAKSHMI CHAMBERS, M.G.ROAD,
BENGALURU-560 001.
2. SRI NETHAJI M
S/O MANOHARAN V
MAJOR
ND
R/AT FLAT No.S-2, 2 FLOOR
NANDAS GOKULAM PLOT No.29
SAI NAGAR EXTN., C V RAMAN CROSS STREET
CHITLAPAKKAM, NEAR ICICI BANK
CHENNAI, TAMIL NADU-600 064.
...RESPONDENTS
(BY SMT. MALATHI T N, ADVOCATE FOR R1
V/O DTD. 10.07.2025 NOTICE TO R2 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:01.03.2025
PASSED IN MVC No.6237/2023 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES,
MACT, BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA No. 4986/2025
BETWEEN:
SRI HARIHARAN K
S/O V. KRISHNAMURTHY
AGED ABOUT 27 YEARS
R/AT No.116, NEAR ANJINEYA TEMPLE
HEELAIGE VILLAGE, HEELALIGE
BANGALORE-99.
...APPELLANT
(BY SRI JAGADEESH H T, ADVOCATE)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
AND:
1. THE MANAGER
THE NEW INDIA ASSURANCE CO LTD.,
TP CLAIMS HUB,
ND
No. 9/2, 2 FLOOR
MAHALAKSHMI CHAMBERS
M.G. ROAD, BENGALURU-560 001.
2. SRI, NETHAJI M
S/O MANOHARAN V
MAJOR
R/AT FLAT. No. S-2,
ND
2 FLOOR
NANDAS GOKULAM PLOT No. 29
SAI NAGAR EXTN
C.V. RAMAN CROSS STREET
CHITLAPAKKAM, NEAR ICICI BANK
CHENNAI, TAMIL NADU-600 064.
...RESPONDENTS
(BY SRI. MALATHI T N, ADVOCATE FOR R1
V/O DTD. 10.07.2025 NOTICE TO R2 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED: 01.03.2025
PASSED IN MVC No.6238/2023 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES,
MACT, BENGALURU CITY, (SCCH-4), PARTLY ALLOWING THE
CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA No. 7580/2025
BETWEEN:
THE MANAGER
THE NEW INDIA ASSURANCE COMPANY LTD.,
ND
TP CLAIMS HUB, No. 9/2, 2 FLOOR
MAHALAKSHMI CHAMBERS
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
M.G. ROAD
BENGALURU-560 001.
...APPELLANT
(BY SRI MALATHI T N, ADVOCATE)
AND:
1. SRI SRIHARAN MUTHUKUMAR
S/O. MUTHUKUMAR
AGED ABOUT 21 YEARS
R/AT No. 15/8A, AGARAHAR STREET
ANNUR (T.P) COIMBATORE
TAMIL NADU-641 653.
2. SRI. NETHAJI. M
S/O. MANOHARAN. V
ND
FLAT No. S-2, 2 FLOOR
NANDAS GOKULAM PLOT No. 29
SAI NAGAR EXTENSION
C.V. RAMAN CROSS STREET
CHITLAPAKKAM, NEAR ICICI BANK
CHENNAI, TAMIL NADU-600 064.
...RESPONDENTS
(BY SRI. JAGADEESH H T, ADVOCATE FOR R1
V/O DTD. 08.09.2026 NOTICE TO R2 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED: 01.03.2025
PASSED IN MVC No. 6237/2023 ON THE FILE OF THE XVIII
ADDITIONAL JUDGE AND ACJM, COURT OF SMALL CAUSES,
MACT, BENGALURU CITY (SCCH-4), AWARDING
COMPENSATION OF Rs.6,94,727/- (FUTURE MEDICAL
EXPENSES SHALL NOT CARRY ANY INTEREST) WITH INTEREST
AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL THE
REALIZATION.
THESE APPEALS COMING ON FOR ADMISSION THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
JUDGMENT
MFA No.7584/2025 is filed by the insurer challenging
the award dated 01.03.2025 passed in MVC No.6238/2023
by the XVIII Additional Judge, Court of Small Causes and
Member, MACT, Bengaluru (SCCH-4) and MFA
No.4986/2025 is filed by the claimant seeking
enhancement of compensation.
2. MFA No.7580/2025 is filed by the insurer
challenging the award dated 01.03.2025 passed in MVC
No.6237/2023 by the XVIII Additional Judge, Court of
Small Causes, Member, MACT, Bengaluru (SCCH-4) and
MFA No.4974/2025 is filed by the claimant seeking
enhancement of compensation.
3. The claimant in MVC No.6238/2023 was a rider
and claimant in MVC No.6237/2023 was a pillion rider on
motor cycle bearing Regn.No.KA-51-HM-7961. The
accident occurred on 03.09.2023. The claimants
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
contended that driver of Swift Dzire Car bearing
Reg.No.TN-11-J-8636 which was proceeding ahead of
claimants’ bullet motor cycle, suddenly stopped, due to
which the bullet motor cycle of the claimants dashed to
the Car, as a result, the claimants sustained severe
injuries. The claimants made claim petitions praying to
award compensation for the injuries sustained by them.
The Tribunal after recording the evidence of the parties,
appreciating the evidence assessed the compensation and
awarded compensation under various heads as under:
MVC No.6238/2023
Sl.No. Heads Amount in (Rs.)
01. Loss towards earning 4,60,685/-
capacity/loss of future income
02. Loss of income during laid up 32,040/-
period
03. Medical expenses 1,27,688/-
04. Future medical expenses 40,000/-
05. Conveyance allowance,
attendant charge and special
diet
80,000/-
06. Pain and suffering 1,00,000/-
07. Loss of enjoyment and loss of 60,000/-
amenities of life
Total 9,00,413/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
MVC No.6237/2023
Sl.No. Heads Amount in (Rs.)
01. Loss towards earning 3,45,600/-
capacity/loss of future income
02. Loss of income during laid up 32,040/-
period
03. Medical expenses 37,087/-
04. Future medical expenses 40,000/-
05. Conveyance allowance,
attendant charge and special
diet
80,000/-
06. Pain and suffering 1,00,000/-
07. Loss of enjoyment and loss of 60,000/-
amenities of life
Total 6,94,727/-
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
insurer of the Car to deposit the award amount with
interest. The claimants seeking enhancement of
compensation have filed the appeals and the insurer has
filed appeals challenging the liability saddled on it and also
quantum of compensation.
5. Heard learned counsel for the claimants and
learned counsel for the insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
6. Learned counsel for the insurer would contend
that the claimants were not maintaining sufficient distance
between their vehicle and the car. If the car suddenly
stopped, the claimants ought to have applied brake in
order to avoid accident. As claimants have not maintained
sufficient distance, their motor cycle dashed to the car and
there is contributory negligence on the part of the rider of
the motor cycle. She further submits that compensation
awarded by the Tribunal under all heads is on higher side.
There is no disability sustained by the claimants in both
the claim petitions. With this she prayed to allow the
appeals filed by the insurer.
7. Learned counsel for the claimants would contend
that the driver of the car suddenly stopped his car in the
middle of the road without giving any signal/indication and
therefore, the motor cycle of the claimants dashed to the
car. The charge sheet has been filed against the driver of
Car for rash and negligent driving for the offence under
Sections 279 and 338 of IPC. Considering the said aspect,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
the Tribunal has rightly held that the entire rash and
negligent driving is by the driver of the car. He further
submits that the rider/claimant in MVC No.6238/2023 has
sustained 40% of the disability to the left lower limb as
per evidence of PW.2 and considering the same, the
Tribunal has rightly taken whole body disability at 13.33%.
Considering the injuries sustained by the claimant, the
compensation awarded by the Tribunal under all heads is
on lower side.
8. Learned counsel for the claimant further contends
that the claimant in MVC No.6237/2023 has sustained left
deep cut lacerated wound over knee and considering the
same PW.2- Doctor has rightly stated that he is having
30% disability to the left lower limb and 10% to the whole
body and considering the same Tribunal has rightly taken
the whole body disability at 10%. The compensation
awarded under all heads is on lower side. With this, he
prayed to allow the appeals filed by the claimants.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
9. Having heard the learned counsels, this Court has
perused the judgment, award and trial Court records. The
following points arises for consideration:
(i) Whether the Tribunal is justified in
attributing rash and negligent driving on
the part of the driver of insured car?
(ii) Whether the compensation awarded in
MVC No.6238/2023 is just and proper?
(iii) Whether the compensation awarded in
MVC No.6237/2023 is just and proper?
Re-point No.1
10. The accident occurred on 03.09.2023 at about
9.30 to 9.45 p.m. and it is on National Highway, Hosur –
Bangalore road. Ex.P8 is the charge sheet and it is filed
against the driver of the insured car bearing Reg.No.TN-
11-J-8636 for rash and negligent driving for the offence
under Sections 279 and 338 of IPC. The said charge sheet
itself indicate that rash and negligent driving is only on the
part of the driver of the insured car. The insurer in order
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
to substantiate their contention have not elicited anything
in the cross-examination of the claimants i.e. what was
the distance between the car and the motor cycle.
Considering the said aspect, the Tribunal has rightly held
that the entire rash and negligent driving is on the part of
the driver of the insured car. Accordingly, point No.1 is
answered.
Re-point No.2
11. The claimant in MVC No.6238/2023 was rider of
the motor cycle and he was mechanic aged 25 years.
Considering the age of the claimant, the Tribunal has
rightly appiled multiplier ‘18’. The notional income fixed
for the year 2023 is Rs.16,250/- p.m. and the same has to
be taken as against Rs.16,000/- taken by the Tribunal.
The claimant has sustained left foot degloving injury with
nd rd
2 and 3 metatarsal fracture and lacerated wound over
right frontal head. Considering the said injuries, the
Tribunal has rightly awarded Rs.1,00,000/- towards pain
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 13 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
and suffering and a sum of Rs.60,000/- towards loss of
amenities.
12. PW.2 is the Doctor who has examined the
claimant, assessed his disability and stated that the
claimant has sustained 40% disability to the left lower
limb and 13.33% to the whole body and the Tribunal has
taken the disability at 13.33%. Since disability is to the
rd
lower limb, 1/3 of the same has to be taken as disability
to the whole body. Therefore, the Tribunal has rightly
taken disability at 13.33%. In view of the same, the loss
of future income due to disability is calculated as under:
Rs.16,250 x 12 x 18 x 13.33% = Rs.4,67,883/-.
13. The Tribunal has awarded loss of income during
laid up period in a sum of Rs.32,040/-. The claimant has
to take rest atleast for two months considering the injuries
sustained by him and therefore, the claimant is entitled to
a sum of Rs.32,500/- (Rs.16,250 x 2 months) as against
Rs.32,040/- awarded by the Tribunal. The Tribunal has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 14 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
rightly awarded medical expenses of Rs.1,27,688/- based
on bills.
14. PW.2 – Doctor has not stated anything with
regard to the claimant requiring any further treatment and
therefore, the claimant is not entitled to future medical
expenses of Rs.40,000/- awarded by the Tribunal. The
claimant has been admitted in the hospital for four days
and therefore, he is entitled to attendant and conveyance
charges, food and nourishment etc. in a sum of Rs.4,000/-
(Rs.1000 x 4 days) as against Rs.80,000/- awarded by the
Tribunal.
15. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 1,00,000/-
02. Loss of amenities 60,000/-
03. Loss of income during laid up 32,500/-
period
04. Medical expenses 1,27,688/-
05. Future medical expenses NIL
06. Attendant and conveyance 4,000/-
charges
07. Loss of future income due to 4,67,883/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 15 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
disability
Total 7,92,071/-
16. Considering the above aspects, the claimant is
entitled to total compensation of Rs.7,92,071/- as against
Rs.9,00,413/- awarded by the Tribunal with interest @ 6%
p.a. from the date of petition till realization. Accordingly,
point No.2 is answered.
Re-point No.3
17. The claimant in MVC No.6237/2023 was a pillion
rider of the motor cycle. The accident occurred on
03.09.2023 and as on the date of accident, the claimant
was aged 19 years. Considering the age of the claimant,
the Tribunal has rightly taken multiplier ‘18’. The notional
income fixed for the year 2023 is Rs.16,250/- p.m. and
the same has to be taken as against Rs.16,000/- taken by
the Tribunal. The claimant has sustained left deep cut
lacerated wound over knee. Considering the said injuries
sustained by the claimant, he is entitled to a sum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 16 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
Rs.60,000/- towards pain and suffering as against
Rs.1,00,000/- awarded by the Tribunal and loss of
amenities in a sum of Rs.40,000/-as against Rs.60,000/-
awarded by the Tribunal.
18. The claimant has to take rest atleast for two
months considering the injuries sustained by him and
therefore, the claimant is entitled to a sum of Rs.32,500/-
(Rs.16,250 x 2 months) as against Rs.32,040/- awarded
by the Tribunal. The Tribunal has rightly awarded medical
expenses of Rs.37,087/- based on the bills.
19. PW.2 – Doctor has not stated anything with
regard to the claimant requiring any further treatment and
therefore, the claimant is not entitled future medical
expenses of Rs.40,000/- awarded by the Tribunal. The
claimant has been admitted in the hospital for 03 days and
therefore, he is entitled to attendant and conveyance
charges, food and nourishment etc in a sum of Rs.3,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 17 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
(Rs.1000 x 3 days) as against Rs.80,000/- awarded by the
Tribunal.
20. PW.2 is the Doctor who has examined the
claimant, assessed his disability and stated that the
claimant has sustained 30% disability to the left lower
limb and 10% to the whole body. The claimant has
sustained left deep cut lacerated wound over knee.
Considering the same, the Tribunal has rightly taken the
disability to the whole body at 10%. In view of the same,
the loss of future income due to disability is calculated as
under:
Rs.16,250 x 12 x 18 x 10% = Rs.3,51,000/-.
21. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 60,000/-
02. Loss of amenities 40,000/-
03. Loss of income during laid up 32,500/-
period
04. Medical expenses 37,087/-
05. Future medical expenses NIL
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 18 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
06. Attendant and conveyance 3,000/-
charges
07. Loss of future income due to 3,51,000/-
disability
Total 5,23,587/-
22. Considering the above aspects, the claimant is
entitled to total compensation of Rs.5,23,587/- as against
Rs.6,94,727/- awarded by the Tribunal with interest @ 6%
p.a. from the date of petition till realization. Accordingly,
point No.3 is answered.
23. The insurer of the car is liable to pay the
compensation with interest.
In view of the above, the following:
ORDER
i) All the appeals are allowed in part .
ii) The claimant in MVC No.6238/2023 is entitled
to total compensation of Rs.7,92,071/- as
against Rs.9,00,413/- as awarded by the
Tribunal, with interest @ 6% p.a. from the
date of petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 19 -
HC-KAR
NC: 2026:KHC:61252
MFA No. 7584 of 2025
C/W MFA No. 4974 of 2025
MFA No. 4986 of 2025
AND 1 OTHER
CNR: KAHC010668502025
iii) The claimant in MVC No.6237/2023 is entitled
to total compensation of Rs.5,23,587/- as
against Rs.6,94,727/- as awarded by the
Tribunal, with interest @ 6% p.a. from the
date of petition till realization.
iv) The insurer of the Car (Respondent No.1
before the Tribunal) shall deposit the
compensation in both the claim petitions,
with interest before the Tribunal within a
period of six weeks from this day.
v) Out of the compensation awarded, 50% shall
be released to the claimants and remaining
50% shall be kept in fixed deposit with
Karnataka Bank, City Civil Court Branch,
Bengaluru, in the name of the claimants for a
period of three years.
vi) The amount in deposit is ordered to be
transmitted to the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 33