MR ZAHEER @ JAHEEER AHMED @ ZAHEER AHMED KHAN vs MR KADAPPA NAGARJUNA REDDY
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 3095 OF 2025
(MV-I)
BETWEEN:
MR ZAHEER @ JAHEEER AHMED
@ ZAHEER AHMED KHAN
S/O. BASHASAB
AGED ABOUT 49 YEARS
R/AT No.55/6, MS PALYA
BENGALURU NORTH
BENGALURU-560 097.
…APPELLANT
(BY SRI VIJAY KUMAR T, ADVOCATE)
AND:
1. MR KADAPPA NAGARJUNA REDDY
S/O. NARAYANA REDDY
AGED MAJOR, No.E350
RAJANNA BUILDING,
TH
17 CROSS, KONDAPPA LAYOUT
YELAHANKA, BENGALURU-573 213.
2. THE MANAGER
THE UNITED INDIA INSURANCE CO. LTD.,
T.P. HUB, KRUSHI BHAVAN BUILDING,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
TH
6 FLOOR, HUDSON CIRCLE
BENGALURU-560 001.
…RESPONDENTS
(BY SRI RAVISH BENNI, ADVOCATE FOR R2
V/O DTD. 28.04.2025, NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:01.08.2024
PASSED IN MVC No. 5171/2022 ON THE FILE OF THE XXII
ADDITIONAL SMALL CAUSES JUDGE AND ACJM, MEMBER,
MACT, COURT OF SMALL CAUSES, BENGALURU (SCCH-24),
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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant/claimant seeking
enhancement of compensation awarded in judgment and
award dated 01.08.2024 passed in MVC No.5171/2022 by
the XXII Additional Small Causes Judge and Member,
MACT, Bengaluru (SCCH-24).
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
learned counsel for appellant and learned counsel for
respondent No.2/insurer.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 31.08.2022 contending
that the accident occurred due to rash and negligent
driving of the driver of Tata Sumo Car bearing
Regn.No.KA-04-N-9224. The Tribunal after recording the
evidence of the parties, appreciating the evidence
assessed the compensation and awarded compensation
under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards pain and sufferings 50,000/-
02. Towards conveyance, attendant 20,000/-
charges and nourishing food
03. Towards loss of income during 46,500/-
laid up period
04. Future loss of income 2,90,160/-
05. Medical expenses 25,335/-
06. Future medical expenses 20,000/-
07. Discomfort and amenities 25,000/-
Total 4,76,995/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
respondent No.2/insurer to deposit the award amount with
interest. The claimant seeking enhancement of
compensation has filed the present appeal.
5. Heard learned counsel for the appellant and
learned counsel for respondent No.2/insurer.
6. The accident occurred on 31.08.2022 and as on
the date of accident, the claimant was aged 46 years.
Considering the age of the claimant, the Tribunal has
rightly applied multiplier ‘13’ and considering the year of
accident, the Tribunal has rightly taken notional income at
Rs.15,500/- p.m.
7. As per the evidence of PW.4 – Doctor, the
claimant has sustained the following injuries:
(i) Left segmental femur fracture.
(ii) Left segmental tibia and fibula fracture.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
8. Considering the said fractures, the compensation
awarded by the Tribunal toward pain and suffering in a
sum of Rs.50,000/- is enhanced to Rs.1,00,000/- and loss
of amenities in a sum of Rs.25,000/- is enhanced to
Rs.80,000/-. The claimant has been admitted in the
hospital for 15 days. Considering the same, the Tribunal
has rightly awarded Rs.20,000/- towards attendant,
conveyance charges, food and nourishment etc. and also
rightly awarded a sum of Rs.46,500/- towards loss of
income during laid up period for three months. The
Tribunal has rightly awarded medical expenses of
Rs.25,335/- based on the bills.
9. PW.4 – Doctor has stated that claimant has to
undergo surgery for removal of implants and estimated
the cost of the same at Rs.25,000/-. The Tribunal has
awarded Rs.20,000/- towards future medical expenses.
As per the evidence of the Doctor, the claimant is entitled
to future medical expenses at Rs.25,000/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
10. PW.4 – Doctor who has examined the claimant
assessed his disability and stated that the claimant has
sustained 69% disability to the left lower limb and 23% to
the whole body. The Tribunal has taken disability to the
whole body at 12%. In cases of disability to the lower
rd
limb, 1/3 of the same has to be taken. Therefore, the
rd
disability to be taken is 23% (1/3 of 69%). Since the
disability is more than 20%, the claimant is entitled to
future prospects at 25%. In view of the same, the loss of
future income due to disability is calculated as under:
Rs.15,500 x 12 x 13 x 23% + 25% = Rs.6,95,175/-
11. 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 80,000/-
03. Attendant, conveyance charges, 20,000/-
food and nourishment
04. Loss of income during laid up 46,500/-
period
05. Medical expenses 25,335/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
06. Future medical expenses 25,000/-
07. Loss of future income 6,95,175/-
Total 9,92,010/-
12. Considering the above aspects, the claimant is
entitled to total compensation of Rs.9,92,010/- as against
Rs.4,76,995/- awarded by the Tribunal with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.5,15,015/- with interest @ 6% p.a.
from the date of petition till realization. Respondent
No.2/insurer is liable to pay the said enhanced
compensation with interest.
In view of the above, the following:
ORDER
.
i) The appeal is allowed in part
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.5,15,015/-
with interest @ 6% p.a. from the date of
petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59671
MFA No. 3095 of 2025
CNR: KAHC010272922025
iii) Respondent No.2/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) Out of the enhanced compensation, 50%
shall be released to the claimant and
remaining 50% shall be kept in fixed deposit
in his name with Karnataka Bank, City Civil
Court Branch, Bengaluru, for a period of
three years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 17
Ct.sm