Full Judgment Text
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 3 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.4621 OF 2024 (MVI)
BETWEEN:
SRI. ABHISHEK K @ ABHISHEK
S/O. KRISHNA,
NOW AGED ABOUT 20 YEARS,
RESIDING AT:
ROAD JAKKASANDRA VILLAGE
AND POST, MARALAVADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 112.
…APPELLANT
(BY SRI. GIRIMALLAIAH, ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: HIGH
COURT OF
KARNATAKA
1. SMT. SAVITHA
W/O. VENKATESH,
MAJOR IN AGE, (AGE OF R-1
NOT KNOWN TO APPELLANT),
NO.214, AGRAHARA KOTE,
KANAKAPURA TOWN,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117.
2. THE MANAGER
RELIANCE GENERAL INSURANCE
COMPANY LTD., NO. 28,
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
TH
5 FLOOR, CENTINARY BUILDING
& EAST WING, M.G. ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. HARSHITH B, ADVOCATE FOR R1;
SRI. B. PRADEEP, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.06.2024 PASSED IN MVC
NO.238/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE RAMANAGARA, SIT AT KANAKAPURA,
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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 01.06.2024 passed in MVC
No.238/2021, by the II Additional District and Sessions
Judge, Ramanagara, sit at Kanakapura, for enhancing the
compensation.
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
2. Heard the arguments of the learned counsel for
the parties. The ranks of the parties are retained as per
Tribunal for the sake of convenience.
3. Brief facts of the case are that, injured claimant
aged 17 years met with an accident on 11.02.2021 at
about 10.00 a.m., while going with his friend towards
Chunchifalls in a pulsar Motorcycle bearing Reg.No.KA-05-
HQ-4652 in between Narayanapura and Kebballi, the
access motor cycle bearing Reg. No.KA-05-KY-6260
driving in a rash and negligent manner and dashed to the
back side of the pulsar vehicle, which dashed to the tree
and fell in a pit. In view of that, the petitioner sustained
injuries. He filed claim petition claiming compensation of
Rs.25,00,000/-. Tribunal considered entire evidence on
record granted an amount of Rs.7,05,906/- with interest
at the rate of 6% per annum from date of claim petition
until realization of the entire award amount. Aggrieved by
the said order, he preferred an appeal.
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
4. Learned counsel for the appellant mainly
contended that he sustained grievous injuries. He was also
doing agriculture work and earning Rs.15,000/- per
month. Loss of future prospects of life, marriage prospects
are not granted and the amount granted under other
heads is meagre. Tribunal has taken his income as
Rs.4,000/- and his functional disability is to be taken as
100%. He was in the hospital for a period of 36 days in
total, as per Exs.P11 to Exs.P13. It is further stated that
no amount is granted under the head loss of future
earning capacity and thus, requested for enhancement of
the compensation.
5. Petitioner was aged 17 years and he has not
filed any income proof as she met with an accident in the
year 2021. Therefore, as per the chart prepared by the
Karnataka State Legal Services Authority, his notional
income is to be taken as Rs.15,000/- per month. He was
aged 17 years and the relevant multiplier is '18'.
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
6. As per Ex.P6-the wound certificate, he
sustained following injuries:
" Left frontal comminuted depressed with
frontal contusions for which he under went left
FTP craniotomy and evacuation of left from
Hemotoma ".
He also examined Neuron and Spine Surgeon as
PW.2 and he stated that petitioner sustained following
injuries:
" i) Left Frontal comminuted depressed
fracture with left frontal hematoma.
Repeat CT scan brain shows increased
size in bleed. Patient underwent surgery on
11.02.2021-left fronto-temporo-parietal
craniotomy and evacuation of left frontal
haemotoma. Complaints of no vision left eye,
right spastic hemiparesis. Referred him to
Consultant-Neuro Rehabilitation. He assessed
the combined neuro behavioural like easy
irritability, feels low an depressed at times,
forgetfulness-forget names, conversations,
feels tired most of the time, headache almost
every day. Has blindness in the left eye. Has
right hemiparesis with range restriction and
painful shoulder. Needs help for almost all
the ADL (activities of daily living) and unable
to open and close the fingers of the right
hand. He has difficulty in speech, slurring is
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
present and the cognitive disability as
49.55%."
But the Tribunal has not considered the disability and
not granted any amount under the head 'loss of future
earning capacity'.
7. Learned counsel for the respondent has stated
that the petitioner himself was cross-examined before the
rd
Tribunal and requested this Court to consider 1/3 of
disability assessed by the Tribunal.
8. Admittedly, disability was assessed for the
whole body and considering the medical evidence and the
age of the claimant, this Court finds it reasonable to take
his disability as 25%. As per the judgment of this Court in
the case of New India Assurance Company Limited v.
Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 , it was held that when the disability is
more than 20%, he is entitled for future prospectus.
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
Loss of future earning capacity comes to Rs.15,000/- +
40% x 12 x 18 x 25% = Rs.11,34,000/- . He was in the
hospital for a period of 36 days.
9. Considering the nature of injuries, his age,
period of hospitalization and other relevant factors, this
Court finds it reasonable to grant an amount of
Rs.75,000/- for pain and suffering, Rs.50,000/- for loss
of amenities, Tribunal has granted Rs.1,00,000/- for
attendant charges, food and nourishment and he might
not have attended any other work atleast for 3 months. He
is entitled for loss of income during laid up period. So
Rs.15,000/- x 3 months = Rs.45,000/- granted towards
loss of income during laid up period. Towards medical
expenses the Tribunal granted Rs.4,43,906/- as per
Exs.P29 to Exs.P157 and the same is confirmed by this
Court.
10. Admittedly, the driver of the offending vehicle
has no valid driving licence, insurance company was
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
exonerated by the Tribunal. In view of the law laid down
by the Hon’ble Supreme Court in the case of Pappu and
1
Ors Vs. Vinod Kumar Lamba and Another , this Court
finds it reasonable to invoke the principle of "pay and
recovery".
11. Thus in all, compensation awarded by this Court
are as below:
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 3 DAY OF MARCH, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO.4621 OF 2024 (MVI)
BETWEEN:
SRI. ABHISHEK K @ ABHISHEK
S/O. KRISHNA,
NOW AGED ABOUT 20 YEARS,
RESIDING AT:
ROAD JAKKASANDRA VILLAGE
AND POST, MARALAVADI HOBLI,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 112.
…APPELLANT
(BY SRI. GIRIMALLAIAH, ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: HIGH
COURT OF
KARNATAKA
1. SMT. SAVITHA
W/O. VENKATESH,
MAJOR IN AGE, (AGE OF R-1
NOT KNOWN TO APPELLANT),
NO.214, AGRAHARA KOTE,
KANAKAPURA TOWN,
KANAKAPURA TALUK,
RAMANAGARA DISTRICT - 562 117.
2. THE MANAGER
RELIANCE GENERAL INSURANCE
COMPANY LTD., NO. 28,
- 2 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
TH
5 FLOOR, CENTINARY BUILDING
& EAST WING, M.G. ROAD,
BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. HARSHITH B, ADVOCATE FOR R1;
SRI. B. PRADEEP, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 01.06.2024 PASSED IN MVC
NO.238/2021 ON THE FILE OF THE II ADDITIONAL DISTRICT
AND SESSIONS JUDGE RAMANAGARA, SIT AT KANAKAPURA,
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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 01.06.2024 passed in MVC
No.238/2021, by the II Additional District and Sessions
Judge, Ramanagara, sit at Kanakapura, for enhancing the
compensation.
- 3 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
2. Heard the arguments of the learned counsel for
the parties. The ranks of the parties are retained as per
Tribunal for the sake of convenience.
3. Brief facts of the case are that, injured claimant
aged 17 years met with an accident on 11.02.2021 at
about 10.00 a.m., while going with his friend towards
Chunchifalls in a pulsar Motorcycle bearing Reg.No.KA-05-
HQ-4652 in between Narayanapura and Kebballi, the
access motor cycle bearing Reg. No.KA-05-KY-6260
driving in a rash and negligent manner and dashed to the
back side of the pulsar vehicle, which dashed to the tree
and fell in a pit. In view of that, the petitioner sustained
injuries. He filed claim petition claiming compensation of
Rs.25,00,000/-. Tribunal considered entire evidence on
record granted an amount of Rs.7,05,906/- with interest
at the rate of 6% per annum from date of claim petition
until realization of the entire award amount. Aggrieved by
the said order, he preferred an appeal.
- 4 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
4. Learned counsel for the appellant mainly
contended that he sustained grievous injuries. He was also
doing agriculture work and earning Rs.15,000/- per
month. Loss of future prospects of life, marriage prospects
are not granted and the amount granted under other
heads is meagre. Tribunal has taken his income as
Rs.4,000/- and his functional disability is to be taken as
100%. He was in the hospital for a period of 36 days in
total, as per Exs.P11 to Exs.P13. It is further stated that
no amount is granted under the head loss of future
earning capacity and thus, requested for enhancement of
the compensation.
5. Petitioner was aged 17 years and he has not
filed any income proof as she met with an accident in the
year 2021. Therefore, as per the chart prepared by the
Karnataka State Legal Services Authority, his notional
income is to be taken as Rs.15,000/- per month. He was
aged 17 years and the relevant multiplier is '18'.
- 5 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
6. As per Ex.P6-the wound certificate, he
sustained following injuries:
" Left frontal comminuted depressed with
frontal contusions for which he under went left
FTP craniotomy and evacuation of left from
Hemotoma ".
He also examined Neuron and Spine Surgeon as
PW.2 and he stated that petitioner sustained following
injuries:
" i) Left Frontal comminuted depressed
fracture with left frontal hematoma.
Repeat CT scan brain shows increased
size in bleed. Patient underwent surgery on
11.02.2021-left fronto-temporo-parietal
craniotomy and evacuation of left frontal
haemotoma. Complaints of no vision left eye,
right spastic hemiparesis. Referred him to
Consultant-Neuro Rehabilitation. He assessed
the combined neuro behavioural like easy
irritability, feels low an depressed at times,
forgetfulness-forget names, conversations,
feels tired most of the time, headache almost
every day. Has blindness in the left eye. Has
right hemiparesis with range restriction and
painful shoulder. Needs help for almost all
the ADL (activities of daily living) and unable
to open and close the fingers of the right
hand. He has difficulty in speech, slurring is
- 6 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
present and the cognitive disability as
49.55%."
But the Tribunal has not considered the disability and
not granted any amount under the head 'loss of future
earning capacity'.
7. Learned counsel for the respondent has stated
that the petitioner himself was cross-examined before the
rd
Tribunal and requested this Court to consider 1/3 of
disability assessed by the Tribunal.
8. Admittedly, disability was assessed for the
whole body and considering the medical evidence and the
age of the claimant, this Court finds it reasonable to take
his disability as 25%. As per the judgment of this Court in
the case of New India Assurance Company Limited v.
Abdul S/o Mehaboob Tahasildar in MFA
No.103807/2016 , it was held that when the disability is
more than 20%, he is entitled for future prospectus.
- 7 -
NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
Loss of future earning capacity comes to Rs.15,000/- +
40% x 12 x 18 x 25% = Rs.11,34,000/- . He was in the
hospital for a period of 36 days.
9. Considering the nature of injuries, his age,
period of hospitalization and other relevant factors, this
Court finds it reasonable to grant an amount of
Rs.75,000/- for pain and suffering, Rs.50,000/- for loss
of amenities, Tribunal has granted Rs.1,00,000/- for
attendant charges, food and nourishment and he might
not have attended any other work atleast for 3 months. He
is entitled for loss of income during laid up period. So
Rs.15,000/- x 3 months = Rs.45,000/- granted towards
loss of income during laid up period. Towards medical
expenses the Tribunal granted Rs.4,43,906/- as per
Exs.P29 to Exs.P157 and the same is confirmed by this
Court.
10. Admittedly, the driver of the offending vehicle
has no valid driving licence, insurance company was
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
exonerated by the Tribunal. In view of the law laid down
by the Hon’ble Supreme Court in the case of Pappu and
1
Ors Vs. Vinod Kumar Lamba and Another , this Court
finds it reasonable to invoke the principle of "pay and
recovery".
11. Thus in all, compensation awarded by this Court
are as below:
| Pain and Suffering | : | Rs. | 75,000/- |
|---|---|---|---|
| Loss of Amenities | : | Rs. | 50,000/- |
| Towards transportation,<br>extra nourishment and<br>attendant charges | : | Rs. | 1,00,000/- |
| Loss of income during laid<br>up period | : | Rs. | 45,000/- |
| Medical expenses | : | Rs. | 4,43,906/- |
| Loss of future earning<br>capacity | : | Rs. | 11,34,000/- |
| TOTAL | : | Rs. | 18,47,906/- |
1
2018 (3) SCC 308
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
12. Hence, the appellant-claimant is entitled for a
total compensation of Rs. 18,47,906/- along with interest
at the rate of 6% p.a. from the date of petition till its
realization.
13. In the result, the following order is passed:
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated
01.06.2024 passed in MVC No. 238/2021
on the file of the II Additional District and
Sessions Judge, Ramanagara, Sit at
Kanakapura is modified.
iii. The claimant is entitled to a sum of
Rs. 18,47,906/- along with interest at the
rate of 6% p.a., from the date of petition
till the date of realization, instead of
Rs.7,05,906/- granted by the Tribunal.
iv. Respondent No.1/Insurance Company is
directed to deposit the compensation of
Rs. 18,47,906/- along with the interest at
the rate of 6% p.a. within one month from
the date of this order.
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NC: 2026:KHC:12993
MFA No. 4621 of 2024
HC-KAR
v. Respondent No.1/Insurance Company is at
liberty to recover the same from the owner
of the offending vehicle by due process of
law.
vi. On such deposit, petitioner is permitted to
withdraw the entire amount along with
interest accrued on the same.
Sd/-
(P SREE SUDHA)
JUDGE
PSJ
List No.: 1 Sl No.: 45