MR S IMRAN vs SRI NALLUSAMY K
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO. 1182 OF 2024 (MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 1179 OF 2024 (MV-I)
IN MFA No. 1182/2024
BETWEEN:
MR. SHAIK RIZWAN,
S/O. SHAIK NASURULLA,
NOW AGED ABOUT 24 YEARS,
R/AT NO.29-317,
BHAGATHSINGH COLONY, MELUPATLA,
PUNGANUR, CHITTOOR DISTRICT,
ANDHRA PRADESH.
…APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
1. SRI. NALLUSAMY K.,
S/O. KALIAPPAN,
MAJOR IN AGE,
R/AT SF 38/8,
AGARA HSR LAYOUT,
SARJAPURA ROAD,
BENGALURU - 560 034.
Digitally Signed By:
K B GEETHA
- 2 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
2. NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEXE,
MISSION ROAD,
BENGALURU - 560 027,
REP BY ITS MANAGER.
…RESPONDENTS
(BY SRI. HARINI SHIVANAND, ADVOCATE FOR R2)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.25.09.2023 PASSED IN MVC
NO.7766/2019 ON THE FILE OF THE II ADDITIONAL JUDGE
AND ACMM, COURT OF SMALL CAUSES, MACT,
BENGALURU,(SCCH-13), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION AND ETC.,
IN MFA NO. 1179/2024
BETWEEN:
1. MR. S. IMRAN,
S/O. NOWSHAD BASHA,
NOW AGED ABOUT 25 YEARS,
R/AT NO.29-245/3/5,
BHAGATHSINGH COLONY, MELUPATLA,
PUNGANUR, CHITTOOR DISTRICT,
ANDHRA PRADESH.
...APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
AND:
Digitally Signed By:
K B GEETHA
- 3 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
1. SRI. NALLUSAMY K.,
S/O KALILAPPAN,
MAJOR IN AGE,
R/AT SF 38/8,
AGARA HSR LAYOUT,
SARJAPURA ROAD,
BENGALURU - 560 034.
2. NEW INDIA ASSURANCE CO. LTD.,
REGIONAL OFFICE,
UNITY BUILDING ANNEXE,
MISSION ROAD,
BENGALURU - 560 027.
REP BY ITS MANAGER.
...RESPONDENTS
(BY SRI. HARINI SHIVANAND, ADVOCATE FOR R2
V/O DATED 20.09.2024, NOTICE TO R1 IS D/W)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 25.09.2023 PASSED
IN MVC NO.7767/2019 ON THE FILE OF THE II
ADDITIONAL JUDGE AND ACMM COURT OF SMALL CAUSES,
BENGALURU SCCH-13, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION AND ETC.,
THESE APPEALS, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE GEETHA K.B.
Digitally Signed By:
K B GEETHA
- 4 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
ORAL JUDGMENT
1. These are the appeals filed under Section
173(1) of the Motor Vehicles Act, 1988 (for short, ‘M.V.
Act’) by the appellants/claimants not satisfied with the
compensation awarded in the common judgment and
award dated 25.09.2023 in M.V.C.Nos.7766 & 7767 of
2019 respectively on the file of the Motor Vehicles
Accident Claims Tribunal, Bengaluru (SCCH-13) (in short,
‘the Tribunal’).
2. The Parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.
3. The claimant in MVC No.7766/2019 was the
rider and the claimant in MVC No.7767/2019 was the
pillion rider of motorcycle bearing Reg.No.AP-03/BW-9744.
4. The case of the claimants in nutshell is that on
08.11.2019 at about 09:00 p.m., both the claimants in
both petitions were going near Cafe Coffee day in
Bengaluru-Kolar NH-75 Road, on Narasapura Bridge, Kolar
Digitally Signed By:
K B GEETHA
- 5 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
Taluk and District in the motorcycle, the gas tanker lorry
bearing Reg.No.KA-01/AG-2103 (the offending vehicle)
being driven by its driver rashly and negligently came with
high speed and dashed against the motorcycle from back
side. Due to that, the claimant in both petitions fell down
and sustained grievous injuries. Immediately, they were
shifted to S.N.R. Hospital, Kolar. After taking first aid, they
were shifted to R.L. Jalappa Hospital, Kolar and from there
they have shifted to Victoria Hospital and Navya Super
Specialty Hospital, Bengaluru, wherein they have taken
treatments as in patients and underwent surgeries.
5. The claimant in both cases further contended
that before the accident, the claimants in both petitions
were working as coolie, earning ` 18,000/- per month. Due
to the accident, they could not work as they were working
earlier, hence, claimed compensation from respondent
Nos.1 and 2, who are the owner and insurance Company
of the offending vehicle.
Digitally Signed By:
K B GEETHA
- 6 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
6. After service of notice, respondent No.1 not
appeared and not contested the petition.
7. Respondent No.2, the insurance Company has
filed its separate objection statement in both cases, but it
has taken common defence. It admitted about existence of
valid insurance policy. It further contended that, the driver
was not possessing valid DL, not authorized to drive
Hazardous goods carrying vehicle; there is delay of 3 days
in lodging the complaint and thus, the offending vehicle
was falsely implicated. The rider of motorcycle was holding
Learner's License and pillion rider was not holding DL;
they were not wearing helmets. It denied all other
averments made in the claim petitions. Hence, prayed for
dismissal of the claim petitions.
After framing issues in both cases, recording
8.
common evidence, hearing arguments, the Tribunal came
to the conclusion that the claimant in MVC No.7766/2019
is entitled for total compensation of ` 3,24,600/- and the
Digitally Signed By:
K B GEETHA
- 7 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
claimant in MVC No.7767/2019 was entitled for
` 3,65,600/- under the following heads:
Claimant in
MVC
No.7766/2019
Claimant in
MVC
No.7767/2019
Sl
Nos
Nature of
Compensation
Loss of future
` 2,37,600 /- ` 2,37,600 /-
1 earnings
2 Pain and sufferings ` 30,000 /- ` 30,000 /-
3 Loss of amenities ` 15,000 /- ` 15,000 /-
Future medical
4 expenses ------ ` 20,000 /-
Conveyance, Food,
Nourishment &
Attendant Charges ` 20,000 /- ` 30,000 /-
5
Loss of income
6 during laid up period ` 22,000 /- ` 33,000 /-
Total ` 3,24,600 /- ` 3,65,600 /-
9. Not satisfied with the same, the
appellant/claimants are before this Court.
10. Heard arguments of both sides.
11. The learned counsel for the appellant in MFA
No.1182/2024 Sri Gopal Krishna N would submit that the
claimant has sustained comminuted fracture of both bones of
right leg. The compensation awarded under all heads is on
lower side. The compensation towards medical bills is not
at all awarded by the Tribunal on flimsy grounds.
Digitally Signed By:
K B GEETHA
- 8 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
Furthermore, the treated doctor was examined, who has
stated that there is 60% disability to the particular limb
and 20% to the whole body. However, the Tribunal has
not considered the same and considered only 10%
disability which is also not correct. Hence, prayed for
allowing the appeal.
12. The learned counsel for respondent No.2-Smt.
Harini Shivanand would submit that the compensation
awarded by the Tribunal was just and reasonable. The
Tribunal has assigned cogent reasons for not considering
the medical bills and taken disability at 10% to the whole
body, which is appropriate and requires no interference.
13. Having heard the arguments of both sides,
verifying the appeal papers and trial Court records, the
point that arises for consideration is:
"Whether the claimant in both appeals is entitled
for enhancement of compensation?"
14. Finding of this Court is in ' Affirmative' for the
following:
Digitally Signed By:
K B GEETHA
- 9 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
REASONS
15. The facts which are established before the
Tribunal are that the claimant in MVC No.7766/2019 was
the rider and the claimant in MVC No.7767/2019 was the
pillion rider of motorcycle and sustained injuries in the
road traffic accident involving the motorcycle and the
offending vehicle.
MVC No.7766/2019
16.
Due to the accident claimant in MVC
No.7766/2019 has sustained compound grade B
rd
comminuted fracture of distal 1/3 of right Tibia and
Fibula with bone loss. He was inpatient in the hospital,
thrice i.e., in Navya Super Specialty Hospital, Bengaluru,
New Janapriya Super Specialty Hospital and Pavan Health
Care totally for 20 days. He spent huge amount of
` 6,17,690/- towards his treatment. In this regard, he has
produced medical bills as per Ex.P12. However, the
Digitally Signed By:
K B GEETHA
- 10 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
Tribunal has not considered Ex.P12 and not awarded any
compensation towards medical bills.
17. The Tribunal has stated that the bills are
concocted because X-rays were not produced; the hospital
authorities were summoned to produce documents but
they have not produced documents on the ground that the
person who was the owner of the building and tenant of it
have vacated the hospital and now hospital is being run by
separate authorities. The Tribunal made an observation
that IP records, earlier X-rays and medical bills do not
have seal and signature and thus, cannot be relied upon
and thus, not granted any compensation under the head
‘medical expenses’.
18. On careful perusal of the evidence of Doctor -
PW.3, it is noticed that he is the treated doctor of the
claimant from 09.11.2019 onwards. Exs.P.7, P.8 and P.9
establishes that the claimant was hospitalized for that
relevant particular period. Ex.P.12 bears the seal and
signature of the hospital. The final bill issued by Navya
Digitally Signed By:
K B GEETHA
- 11 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
Super Specialty Hospital bears the seal and signature of
the hospital authority stating that the total amount
incurred was ` 3,56,259/-. Another inpatient bill reveals
that even subsequently, the claimant was admitted in the
said hospital and the total amount paid by him is
` 1,90,836/- Subsequently, he was admitted to Pavan
Health Care, wherein total medical bill is ` 15,000/-. Some
of the medical bills produced by the claimant are only
printed medical bills without the seal and signature of the
pharmacist. Thus, the claimant established that he had
spent `5,62,095/- towards medical expenses and he is
entitled for said amount.
19. The claimant has produced several other
medical bills which do not bear the seal and signature of
the pharmacist and the person who prepared those bills.
They are only computer generated copies, but there is no
disclaimer in those bills that they are computer generated
bills and does not require the signature. They were not
digitally signed documents. Some lab receipts are
Digitally Signed By:
K B GEETHA
- 12 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
produced but they would be included in the final bill of the
hospital discharge bill. Hence, this Court holds that
claimant is entitled only for `5,62,095/- towards medical
bills and not ` 6,17,690/- as claimed by him.
20. As far as disability is concerned, PW.3 is the
treated doctor and he has deposed that, it took 2 years
time to set back shortening of the leg of the claimant. He
deposed that as it is, bones were united and there is
shortening of only 2 centimeters. He was young aged at
the time of accident and thus, fractures were united.
Hence, the disability of 60% deposed by PW.3 is to some
extent exorbitant. But it is a fact that there was
communicated fracture and the claimant has taken
treatment as in-patient in the hospital for 3 times. PW.3,
the doctor has treated the claimant in all the 3 hospitals
i.e. Navya Super Specialty Hospital, Bengaluru, New
Janapriya Super Specialty Hospital and Pavan Health Care.
In all these hospitals, PW.3 has given treatment to the
claimant is not in dispute.
Digitally Signed By:
K B GEETHA
- 13 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
21.
Even though, X-rays at the initial stage were
not produced, there is clear mention about taking X-rays
in the final in-patient bill as per Ex.P.12. The doctor has
deposed on these facts. It is on record that the person
who was running Navya Super Specialty Hospital has
vacated the premises and now it is being run by some
other institution. Hence, no hospital records are available
as per the evidence of RW.1 and because of that the
doctor is also changing the hospitals.
22. Considering these facts, this Court holds that
the disability to the claimant shall be 15% to the whole
body rather than 10% as assessed by the Tribunal. The
claimant has not produced any document to show his
actual income. Hence, by placing reliance on the chart
prepared by KSLSA, income of the claimant shall be taken
at ` 14,000/- per month. The age of claimant was 22
years. Hence, relevant applicable multiplier is 18.
14,000x12x18x15%= ` 4,53,600/- towards 'loss of future
earning capacity due to disability'.
Digitally Signed By:
K B GEETHA
- 14 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
23.
As far as 'pain and sufferings' is concerned, the
claimant is entitled for ` 50,000/- instead of `3 0,000/-.
24. As far as 'loss of amenities' is concerned, the
claimant is entitled for ` 30,000/- instead of `15 ,000/-.
25. As far as 'loss of income during laid up period' is
concerned, the claimant is entitled for ` 42,000/-
( `14 ,000x3 months) instead of `22 ,000/-.
26. As far as 'medical expenses' is concerned, the
claimant is entitled for ` 5,62,095/-
27. As far as 'Conveyance, Food, Nourishment &
Attendant charges' head is concerned, the compensation
awarded by the Tribunal is just and reasonable, does not
require interference.
28. Thus, the claimant in MVC No.7766/2019 is
entitled for total compensation of ` 11,57,695/- under the
following heads:
Sl
Amount
Nos Nature of Compensation
1 Loss of future earnings ` 4,53,600/-
2 Pain and sufferings ` 50,000/-
` 30,000/-
3 Loss of amenities
Digitally Signed By:
K B GEETHA
- 15 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
4 Medical expenses ` 5,62,095/-
Conveyance, Food, Nourishment
` 2 0,000/-
5 & Attendant Charges
Loss of income during laid up
` 42,000/-
6 period
` 11,57,695/-
Total
MVC No.7767/2019
29. Due to the accident, the claimant in MVC
No.7767/2019 has sustained fracture of right shaft
femur , fracture of right tibia and blood clotting in right
lower limb arteries. He was inpatient in the hospital,
thrice i.e., in S.N.R. Hospital, Kolar, and shifted to R.L.
Jalappa Hospital, from there shifted to Navya Super
Specialty Hospital, Bengaluru, totally for 30 days. He
underwent surgery. He spent huge amount of
`10,00,000 /- towards treatment. In this regard, he has
produced medical bills as per Ex.P17. However, the
Tribunal has not considered Ex.P17 and not awarded any
compensation towards medical bills.
30. The Tribunal has stated that the bills are
concocted because X-rays were not produced; the hospital
Digitally Signed By:
K B GEETHA
- 16 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
authorities were summoned to produce documents but
they have not produced documents on the ground that the
person who was the owner of the building and tenant of it
have vacated the hospital and now hospital is being run by
separate authorities. The Tribunal made an observation
that IP records, earlier X-rays and medical bills do not
have seal and signature and thus, cannot be relied upon
and thus, not granted any compensation under the head
‘medical expenses’.
31. On careful perusal of the evidence of Doctor -
PW.3, it is noticed that he is the treated doctor of the
claimant from 09.11.2019 onwards. Exs.P.15 establishes
that the claimant was hospitalized for that relevant
particular period. Ex.P.17 bears the seal and signature of
the hospital. The final bill issued by Navya Super Specialty
Hospital bears the seal and signature of the hospital
authority stating that the total amount incurred was
` 7,78,291/-.
Digitally Signed By:
K B GEETHA
- 17 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
32. The claimant has produced several other
medical bills which do not bear the seal and signature of
the pharmacist and the person who prepared those bills.
They are only computer generated copies, but there is no
disclaimer in those bills that they are computer generated
bills and does not require the signature. They were not
digitally signed documents. Some lab receipts are
produced but they would be included in the final bill of the
hospital discharge bill. Hence, this Court holds that
claimant is entitled for ` 7,78,291/- towards medical bills.
33. As far as disability is concerned, PW.3 is the
treated doctor in his affidavit has stated that, there was
compound grade III mid shaft fracture of right femur,
rd
closed fracture of distal 1/3 of right tibia and fracture
lateral malleolus and cut lacerated would of right knee
with fracture of medial condyle of right femur. Initially
surgery was commenced on 09.11.2019 and ended on
10.11.2019 for 6 to 7 hours continuously. The wound on
medial aspect of right thigh got infected and debridement
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
was done couple of times and finally skin grafting was
done by Dr. Ravichandra - Plastic Surgeon. Considering all
these things, doctor has stated that there is 48% disability
to particular limb, 16% to the whole body. There was only
1 centimeter of shortening, which cannot be considered as
disability.
34. There is no reason to disbelieve the above
evidence of doctor because it is coupled with discharge
summary, medical bills and other documents.
35. Considering these facts, this Court holds that
the disability to the claimant shall be 16% to the whole
body rather than 10% as assessed by the Tribunal. The
claimant has not produced any document to show his
actual income. Hence, by placing reliance on the chart
prepared by KSLSA, income of the claimant shall be taken
at ` 14,000/- per month. The age of claimant was 23
years. Hence, relevant applicable multiplier is 18.
14,000x12x18x16%= ` 4,83,840/- towards 'loss of future
earning capacity due to disability' instead of ` 2,37,600/-.
Digitally Signed By:
K B GEETHA
- 19 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
36.
As far as 'pain and sufferings' is concerned, the
claimant is entitled for ` 60,000/- instead of `3 0,000/-.
37. As far as 'loss of amenities' is concerned, the
claimant is entitled for ` 40,000/- instead of `15 ,000/-.
38. As far as 'loss of income during laid up period' is
concerned, the claimant is entitled for ` 56,000/-
( `14 ,000x4 months) instead of `33 ,000/-.
39. As far as 'medical expenses' is concerned, the
claimant is entitled for ` 7,78,291/-
40. As far as 'future medical expenses' and
'Conveyance, Food, Nourishment & Attendant charges'
head is concerned, the compensation awarded by the
Tribunal is just and reasonable, does not require
interference.
41.
Thus, the claimant in MVC No.7767/2019 is
entitled for total compensation of ` 14,68,131/- under the
following heads:
Digitally Signed By:
K B GEETHA
- 20 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
Sl
Amount
Nos
Nature of Compensation
1 Loss of future earnings ` 4,83,840/-
2 Pain and sufferings ` 60,000/-
3 Loss of amenities ` 40 ,000/-
` 2 0,000/-
4 Future medical expenses
5 Medical Expenses ` 7,78,291/-
Conveyance, Food, Nourishment
` 3 0,000/-
6 & Attendant Charges
Loss of income during laid up
` 56,000/-
7 period
` 14,68,131/-
Total
1. Hence, this Court passes the following:
ORDER
i) MFA Nos.1182 and 1179 of 2024 filed by
the claimant in both cases are allowed in
part .
ii) The judgment and award dated 25.09.2023
passed in M.V.C.Nos.7766 & 7767 of 2019
respectively on the file of the Motor
Vehicles Accident Claims Tribunal,
Bengaluru (SCCH-13) are modified holding
that claimant in M.V.C.No.7766/2019 is
totally entitled for compensation of
Digitally Signed By:
K B GEETHA
- 21 -
HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
` 11,57,695/- instead of ` 3,24,600/- and
claimant in M.V.C.No.7767/2019 is totally
entitled for compensation of ` 14,68,131/-
instead of ` 3,65,600/- awarded by the
Tribunal.
iii) The e nhanced compensation shall carry
interest at 6% per annum.
iv) Respondent No.2 - the insurance Company
shall deposit the compensation amount
with accrued interest before the Tribunal
within the period of eight weeks from the
date of receipt of certified copy of this
judgment.
v) Disbursement and deposit shall be as per
the award of the Tribunal.
vi) No order as to costs.
vii) Draw modified award accordingly.
Digitally Signed By:
K B GEETHA
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HC-KAR
NC: 2026:KHC:58701
MFA No. 1182 of 2024
C/W MFA No. 1179 of 2024
CNR: KAHC010109122024
viii) Registry to transmit TCR to the Tribunal
forthwith.
Digitally Signed By:
K B GEETHA
(GEETHA K.B.)
JUDGE
SPV
CT:SM
List No.: 1 Sl No.: 30