GOPALAKRISHNA B vs. THE NEW INDIA ASSURANCE CO LTD

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NC: 2026:KHC:20553
MFA No. 6438 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 15 DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 6438 OF 2024 (MV-I)

BETWEEN:

GOPALAKRISHNA B
S/O. BALASUBRAMANYAM,
AGED ABOUT 35 YEARS,
R/AT NO-31, BYRAKUR,
MULBAGAL-TALUK,
KOLAR-DISTRICT-563 131.
…APPELLANT
(BY SRI. P SURESH., ADVOCATE)






AND:

1. THE NEW INDIA ASSURANCE CO. LTD.,
ND
TP CLAIMS HUB, NO.9/2, 2 FLOOR,
MAHALAKSHMI CHAMBERS,
M.G.ROAD, BANGALORE-560 001
BY ITS MANAGER

2. C.K. ABDUL LATHEEF
S/O. KUNJU MOHAMMED,
MAJOR IN AGE,
R/AT PROPRIETOR, FOOD CONCEPTS,
2/12-A, CHERANELLOR,
SIGNAL JUNCTION, ERNAKULAM,
KERALA-682 034.
…RESPONDENTS
(BY SRI. ASHOK N. PATIL., ADVOCATE FOR
SMT. PADMA S UTTUR, ADVOCATE FOR R1 (VK NOT FILED),
V/O DATED 01.04.2026 NOTICE TO R2 IS D/W)





Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka

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MFA No. 6438 of 2024

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.02.2024 PASSED IN MVC
NO. 1296/2022 ON THE FILE OF THE XXIV ADDITIONAL SCJ
AND ACMM, MEMBER, MACT, BENGALURU SCCH-26 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 26.02.2024 passed in
MVC No.1296/2022 on the file of the XXIV Additional SCJ
and ACMM, Member-MACT, Bengaluru, (SCCH-26) ,
seeking enhancement of the compensation.
2. Heard the arguments of learned counsel for the
appellant and learned counsel for respondent
No.1/Insurance Company. The ranks of the parties are
retained as per Tribunal for the sake of convenience.
3. The petitioner/injured claimant met with an
accident on 06.02.2022 and filed petition before the

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Tribunal for claiming compensation of Rs.19,00,000/-. The
Tribunal considering the entire evidence on record granted
an amount of Rs.8,13,782/- with interest at the rate of 6%
p.a., from the date of filing the petition till the date of
deposit. Being aggrieved by the said order, this appeal is
filed and mainly contended that the petitioner/injured was
working as a Maintenance Executive at Kalyani Motors,
Bengaluru, and was earning Rs.19,000/- per month. He
sustained head injuries in the accident. The petitioner
examined the doctor as PW.2 and he assessed the whole-
body disability at 25%. But the Tribunal erred in taking the
same as 8%. The amounts awarded by the Tribunal under
other heads are meagre. Therefore, requested for
enhancement of the compensation.
4. Learned counsel for the appellant stated that
though the petitioner produced the pay slips under
Ex.P.14, he did not examine the employer or any
authorized person to prove his income. Therefore, the
Tribunal has rightly taken the notional income at

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Rs.15,500/- per month, as he met with an accident in the
year 2022 and the same is confirmed. The petitioner was
aged 33 years and the relevant multiplier is ‘16’. The
petitioner also produced Ex.P.10-wound certificate,
Ex.P.11-discharge summary and Ex.P.12-lab reports and
examined the doctor, a Consultant Neurosurgeon as PW.2.
The doctor stated that the petitioner was initially
intubated, given primary aid and was in altered sensorium
with GCS- of E1V3M4, pupils: b/1 sluggishly reactive. CT
Brain done on 07.02.2022 shows Comminuted displaced
fracture of right temporal bone extending through the
right petrous temporal bone and extending to mastoid air
cells with fluid opacification in mastoid air cells and middle
ear canal. EDH was seen along the right temporal
convexity largest of size 5.7 mm. Subarachnoid
Hemorrhage was seen in right ambient cistern. USG
ABDOMEN with pelvis was done. Neuro ICU for further
management and an erectx-ray abdomen was taken which
showed large bowel distention and flatus tube was put in

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ICU for abdominal distention. He was treated with IV
Fluid's, antibiotic, analgesic, anticonvulsant, and other
supportive medications. Faltus tube was removed on 16th
February and erect X-ray abdomen was done which
showed improvement in bowel distention. Hyponatremia
was corrected with 3% Nacl. He was advised to underfo
Neuro psychology assessment, C. T brain plain. PW.2
assessed the whole-body disability at 25%. Considering
the medical evidence on record, this Court finds it
reasonable to take the disability at 25%. As the disability
is more than 20% the petitioner is entitled for future
prospects, as per the citation reported in New India
Assurance Company Limited Vs. Abdul, son of
Mehaboob Tahasildar and Others (M.F.A.
No.103807/2016 c/w. M.F.A. No.103835/2016 decided on
27.05.2022), as the petitioner was aged 33 years, he is
entitled for 40% towards future prospects. Therefore, loss
of future earning capacity is calculated as follows,
Rs.15,500 + 40% X 12 X 16 X 20% = Rs.8,33,280/- .

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Tribunal had granted Rs.4,64,202/- towards medical
expenses, as per Exs.P2 and P3 and the said amount is
confirmed. The petitioner was hospitalized for a period of
12 days. Considering the nature of injuries, period of
hospitalization this court finds it reasonable to allow an
amount of Rs.75,000/- towards pain and suffer,
Rs.50,000/- towards amenities and Rs.30,000/-
towards transportation, extra nourishment and attendant
charges. The petitioner might not and have attended any
other work for a period of 4 months. Therefore, Rs.15,500
x 4 = Rs.62,000/- is to be granted under the loss of
income during laid up period.
5. Thus in all, components awarded by this court are
as below,

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Hence, the compensation granted by tribunal is
enhanced from Rs.8,13,782/- to Rs.15,14,482 /- along
with interest at the rate of 6% p.a.
6. In the result, the following order is passed:
ORDER

i. Appeal is allowed in part.


ii. The judgment and award dated
26.02.2024 passed in MVC No.1296/2022
on the file of the XXIV Additional SCJ and
ACMM, Member-MACT, Bengaluru, is
modified.


iii. The claimants are entitled to a sum of
Rs. 15,14,482/- along with interest at 6%

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p.a., from the date of petition till the date
of realization, instead of Rs.8,13,782/-
granted by the tribunal.


iv. Respondent/Insurance Company has
already deposited the awarded amount
before the tribunal. Therefore,
respondent/Insurance Company is directed
to deposit the enhanced compensation of
Rs.7,00,700/- along with the interest at
the rate of 6% within one month from the
date of this order.


v. On such deposit, claimant is permitted to
withdraw the entire amount along with
interest accrued on the same.


Sd/-
(P SREE SUDHA)
JUDGE



AMA,AKV
CT:NR
List No.: 1 Sl No.: 55