SRI NAVEEN vs United India Insurance Company Ltd.,

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022




IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH


MISCELLANEOUS FIRST APPEAL NO. 1889 OF 2022

(MV-I)


BETWEEN:


SRI. NAVEEN,


S/O CHANNABASAVAIAH,

AGED ABOUT 39 YEARS,

R/AT CHEERANAKUPPE VILLAGE,

KASABA HOBLI,

KANAKAPURA TALUK,

RAMANAGARA DIST. - 562 117.

Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

…APPELLANT

(BY SRI. PRAKASH M. H., ADVOCATE)

AND:

1. UNITED INDIA INSURANCE COMPANY LTD.,
OFFICE AT NO.36/4,
OPPOSITE TO THIRTHA ASHRAMA,
KOTHANUR MAIN ROAD,
TH
J P NAGAR, 7 PHASE,

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



BANGALORE – 560 078.
REP. BY ITS MANAGER.

2. SRI. RAGHU R.,
S/O RAMANNA,
AGED MAJOR,
R/AT 497, NARAYANA NAGAR,
ST
1 BLOCK, DODDAKALLASANDRA,
BANGALORE - 560 062.

…RESPONDENTS
(BY SRI. NAGARAJAIAH K., ADVOCATE FOR R1;
V/O DATED 23.03.2023, NOTICE TO R2 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 28.09.2021, IN
MVC.NO.2284/2019, ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE, COURT OF SMALL CAUSES, MEMBER,
M.A.C.T.-7 AT BENGALURU, (SCCH-7), 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 S RACHAIAH

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



ORAL JUDGMENT

This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 28.09.2021 passed in
MVC.No.2284/2019 on the file of the IX ASCJ, Small Causes
and Additional MACT, Bengaluru (SCCH-7) (for short,
‘Tribunal’).

2. The case of the appellant is that on 03.04.2019 at
about 03.00 pm, when the injured was going on his motor cycle
bearing registration No.KA-01-JB-8641 from Harihalli towards
Maralavadi and reached near Annapurneshwari Ashrama Cross,
at that time, the car bearing registration No.KA-03-MP-7205
dashed against motorcycle and caused accident. Due to which,
he fell down and sustained injuries. Immediately, he was
shifted to Sanjay Gandhi Hospital and obtained treatment and
spend more than Rs.3,00,000/-. He was earning Rs.15,000/-
per month and bata of Rs.300/- per day. The appellant
approached the Tribunal by filing the claim petition. The
Tribunal awarded Rs.2,91,335/- along with interest at the rate
of 6% p.a.

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



3. Heard Sri. Prakash M.H., learned counsel for
appellant and Sri.Nagrajaiah K., learned counsel for respondent
No.1.

4. The submission of the learned counsel for the
appellant is that the accident is of the year 2019. The Tribunal
while considering the loss of future income of the injured had
considered the income of Rs.11,000/- per month without any
substantiating material, however, even assuming that the
income of the injured had not been proved. The notional
income ought to have been considered by taking an amount of
Rs.14,000/- per month as per the chart of the Karnataka State
Legal Services Authority. Therefore, the loss of future income
has to be re-determined as well as loss of income during laid up
period, loss of amenities and pain and suffering. Having said
thus, learned counsel for the appellant prays to allow the
appeal.

Per contra
5. , learned counsel representing the
respondent No.1 – Insurance Company vehemently submitted
that the Tribunal has passed award properly. Hence, the
appeal may be dismissed.

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



6. Having heard learned counsel for the respective
parties and also on perusal of the findings of the Tribunal, the
Tribunal while considering conventional head namely, loss of
future income had taken Rs.11,000/- per month, assigning the
reason that the income of the appellant not been proved. In my
considered view, an amount of Rs.11,000/- is taken by the
Tribunal is not proper. The Tribunal could have taken into
consideration the notional income of Rs.14,000/- as stated.
Hence, it is appropriate to re-determine the compensation
under the head of loss of future income as under:
Rs.14,000/- X 12 X 16 X 10% = Rs.2,68,800/-

7. The compensation under the head of pain and
suffering, it is necessary to add Rs.30,000/- in addition to the
award given by the Tribunal and under the head of loss of
amenities, Rs.20,000/- to be added in addition to the award
passed by the Tribunal.

8. The compensation under the head of loss of income
during laid up period be calculated as under:
Rs.14,000/- X 3 = Rs.42,000/-

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



9. Consequently, the award of the Tribunal is modified
and the claimant / appellant would be entitled to the
compensation as under:-
Award amount
Particulars (in Rupees)
Tribunal This Court
Sl.
No.
01 Loss of future income 2,11,200/- 2,68,800/-
02 Pain and sufferings 20,000/- 50,000/-
03 Loss of income during 20,000/- 42,000/-
laid up period
04 Loss of amenities 20,000/- 40,000/-
05 Towards hospital and 20,135/- 20,135/-
medicine charges
TOTAL 2,91,335/- 4,20,935/-

10. In the light of the observations made above, I
proceed to pass the following:-
ORDER
.
i) Miscellaneous First Appeal is allowed in part

ii) The judgment and award dated 28.09.2021
passed in MVC.No.2284/2019 on the file of the IX
ASCJ, Small Causes and Additional MACT, Bengaluru
(SCCH-7), is modified, granting compensation of
Rs.4,20,935/- (Rupees Four Lakhs Twenty Thousand

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HC-KAR
NC: 2026:KHC:57170
MFA No. 1889 of 2022

CNR: KAHC010092072022



Nine Hundred and Thirty Five only) as against

Rs.2,91,335/- awarded by the Tribunal.

iii) The claimant is entitled to enhanced
compensation of Rs.1,29,600/- with interest at the
rate of 6% per annum from the date of this appeal till
realization.

iv) The enhanced compensation amount shall be
deposited by the respondent No.1 within a period of
six weeks from the date of receipt of the certified copy
of this judgment.

v) The Tribunal is directed to release the entire
amount in favour of the claimant.
The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.




Sd/-
(S RACHAIAH)
JUDGE



NR/-
List No.: 1 Sl No.: 26