MR. MATHEW vs MR. SHAIK BASHA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:52155
MFA No. 4759 of 2020
CNR: KAHC010332742020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 22 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4759 OF 2020
(MV-I)
BETWEEN:
1. MR. MATHEW,
S/O NADHAN,
AGED ABOUT 45 YEARS,
R/AT NO.66, RENU NILAYAM,
RAGHAVENDRA STREET,
NEAR JAYALAKSHMI SCHOOL
BENGLAURU – 560 033.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
…APPELLANT
(BY SRI. LATUR SURESH MAHALINGAPPA., ADVOCATE)
AND:
1. MR. SHAIK BASHA,
NO.8/A, PLATFORM ROAD,
ITI LAYOUT, DOORVANINGAR,
VIJINAPURA,
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MFA No. 4759 of 2020
CNR: KAHC010332742020
BENGLAURU – 560 016.
2. TATA AIG GENERAL INSURANCE
COMPANY LIMITED,
RD
NO.69, 3 FLOOR,
J P AND DEVI JAMBUKESHWARA
ARCADE, MILLERS ROAD,
BENGALURU – 560 052.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.02.2020, PASSED IN
MVC.NO.4341/2018, ON THE FILE OF THE III ADDITIONAL
JUDGE AND MEMBER, M.A.C.T., COURT OF SMALL CAUSES AT
BENGALURU (SCCH-18), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR 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:52155
MFA No. 4759 of 2020
CNR: KAHC010332742020
ORAL JUDGMENT
1. This appeal has been filed by the appellant –
claimant seeking enhancement of compensation, being
aggrieved by the judgment and award dated 01.02.2020
passed in MVC.No.4341/2018 on the file of the
III Addl. Judge and Motor Accident Claims Tribunal,
Bengaluru (SCCH – 18) (for short, ‘Tribunal’), wherein the
Tribunal has awarded compensation of Rs.3,88,800/- with
interest at 8% p.a. from the date of petition till the date of
deposit.
Factual matrix of the case:
2. The case of the appellant-claimant is that, on
02.07.2018 at about 04.00 p.m., when the appellant was
riding the motorcycle bearing registration No.KA-02-EY-
3133 when he reached opposite to Classic Royal
Apartment, Hennur Main Road, Bangalore, a car bearing
registration No.KA-53-ME-0938 which was moving ahead
of motorcycle, suddenly steered towards extreme left side
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HC-KAR
NC: 2026:KHC:52155
MFA No. 4759 of 2020
CNR: KAHC010332742020
in a rash and negligent manner and the person who was
sitting next to the driver opened the front left door due to
which the accident occurred. The petitioner was aged
about 47 years at the time of the accident and he was
running a garage and was earning Rs.20,000/- per month.
3. Heard learned counsel for the respective
parties.
4. Learned counsel for the appellant submitted
that the Tribunal has committed error in appreciating both
oral and documentary evidence on record and awarded
meager compensation of Rs.3,88,800/-. Learned counsel
for the appellant further submitted that the amount
awarded under the head of medical expenses is not in
consonance with the documents produced before the
Tribunal and also disputed the loss of income awarded to
the injured. Learned counsel for the appellant further
disputed the compensation awarded by the Tribunal under
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HC-KAR
NC: 2026:KHC:52155
MFA No. 4759 of 2020
CNR: KAHC010332742020
all the heads and sought modification. Making such
submissions, learned counsel for appellant prays to allow
the appeal.
Per Contra
5. , learned counsel representing the
respondent No.2 – Insurance Company vehemently
justified the judgment and award passed by the Tribunal
and stated that the accident had occurred due to the
negligence of petitioner. Further, the respondent No.1 had
no valid driving license. Hence, there is a breach of policy
conditions. The award granted by the Tribunal is proper
and appropriate and there is no need of interference.
Making such submissions, learned counsel for respondent
No.2 – Insurance Company prays to dismiss the appeal.
6. Having heard learned counsel for the respective
parties and on perusal of the averments of the Tribunal, it
appears that, while considering the loss of future income,
the Tribunal has considered the Notional Income of the
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HC-KAR
NC: 2026:KHC:52155
MFA No. 4759 of 2020
CNR: KAHC010332742020
injured as Rs.8,500/- per month. However, the Notional
Income of the injured ought to be considered as
Rs.12,500/- per month as per the chart given by
Karnataka State Legal Services Authority, Bangalore.
Rs.30,000/- has to be considered in respect of loss of
amenities.
7. Consequently, the award of the Tribunal is
modified and the claimant is entitled to the modified
compensation as follows:-
Award amount
Sl.
No.
(in Rupees)
Particulars
This
Tribunal
Court
01 Towards Pain and suffering 45,000 45,000
02 Loss of amenities in life 20,000 30,000
Towards Nourishment,
conveyance and attendant 10,000 10,000
charges
03
04 Towards Medical expenses 87,400 87,400
Towards loss of future
income 1,72,400 2,53,500
(12,500x12x13x13%)
05
Towards loss of income
06 34,000 50,000
during laid up period
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MFA No. 4759 of 2020
CNR: KAHC010332742020
(12,500 x 4)
Towards Future medical
07 20,000 20,000
expenses
TOTAL 3,88,800 4,95,900
8. The enhanced amount will carry 6% interest per
annum.
9. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i. This Miscellaneous First Appeal is
allowed in part.
ii. The judgment and award dated
01.02.2020 in MVC No. 4341/2018
passed by the III Addl. Judge and Motor
Accident Claims Tribunal, Bengaluru (for
short, ‘Tribunal’), is modified, granting
compensation of Rs.4,95,900 /- (Rupees
Four Lakh Ninety five Thousand Nine
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MFA No. 4759 of 2020
CNR: KAHC010332742020
Hundred Only) as against Rs. 3,88,800/-
awarded by the Tribunal.
iii. The claimant is entitled for an enhanced
compensation of Rs.1,07,100/- with
interest at the rate of 6% per annum
from the date of this appeal till
realization.
iv. The respondent Nos.1 and 2 are jointly
and severally liable to pay compensation
to the petitioner.
v. The enhanced compensation amount shall
be deposited by the Insurance Company
and the respondent No.2 within a period
of six (06) weeks from date of receipt of
the certified copy of this order.
vi. The Registry is directed to communicate
this order to the Tribunal and send the
records to the Trial Court, forthwith.
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MFA No. 4759 of 2020
CNR: KAHC010332742020
vii. The Tribunal shall release the enhanced
amount as per the order.
Sd/-
(S RACHAIAH)
JUDGE
NM/-
List No.: 1 Sl No.: 31