SRI JAYALAL BAHADDUR BIST vs TATA AIG GENERAL INSURANCE CO LTD
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 4516 OF 2026 (MV-I)
BETWEEN:
SRI. JAYALAL BAHADDUR BIST,
S/O. LATE PRATHAP,
AGED 64 YEARS,
R/AT: NO.34, 5TH MAIN ROAD,
5TH BLOCK, JAYANAGARA,
BENGALURU - 560 041.
…APPELLANT
(BY SRI. GURUDEVA PRASAD K.T., ADVOCATE)
AND:
1. TATA AIG GENERAL INSURANCE CO. LTD.,
BY ITS MANAGER,
2ND FLOOR, NO.69,
JP. AND DEVI JUMBUKESHWARA ARCADE,
MILLERS ROAD,
BENGALURU - 560 052.
2. MR.K.V.RAHUL.,
S/O. VISHWANATH R. RAO,
AGED ABOUT 35 YEARS,
R/AT: NO.22, SRI RAKSHA,
4TH CROSS, NEW BANK COLONY,
KONANAKUNTE, DODDAKALLASANDRA,
BANGALORE - 560 062.
…RESPONDENTS
(BY SRI. MURALIDHAR NEGAVAR, ADVOCATE FOR R1;
V/O DTD.22.09.2026, NOTICE TO R2 IS D/W)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 27.02.2026 PASSED IN MVC
NO.9047/2024 ON THE FILE OF THE MEMBER MACT, XIX
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MACT,
BENGALURU CITY (SCCH-17), 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 claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 27.02.2026 passed in MVC
No.9047/2024 by XIX Additional Judge, Court of Small
Causes and MACT, Bengaluru (SCCH-17).
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.1/insurer, the matter is taken up for disposal.
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
by him in a road traffic accident occurred on 01.08.2024
contending that the accident occurred due to rash and
negligent driving by the driver of Car bearing registration
No.KA-05-MU-8315.
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl.
No.
Particulars Amount
1. Towards pain and agony Rs. 45,000/-
2. Towards medical expenses Rs. 5,21,400/-
3. Loss of income during laid
up period
Rs. 66,000/-
4. Towards loss of disability Rs. 3,46,500/-
5. Towards food nourishment
and conveyance
Rs. 25,000/-
6. Towards attendant charges Rs. 14,000/-
7. Towards loss of amenities Rs. 35,000/-
8. Towards future medical
expenses
Rs. 35,000/-
Total Rs. 10,87,900/-
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
realisation and directed respondent No.1/insurer to pay
the compensation awarded with interest. The claimant has
filed the present appeal seeking enhancement of
compensation.
6. Heard the learned counsel for appellant and
learned counsel for respondent No.1/insurer.
7. The accident occurred on 01.08.2024 and as on
the date of accident, the claimant was aged sixty two (62)
years. Considering the said age of the claimant, the
Tribunal has rightly applied multiplier ‘7’. The notional
income fixed for the year 2024 is Rs.17,000/- per month
and the said income is to be taken as against Rs.16,500/-
taken by the Tribunal.
8. The claimant has sustained complex himalleolar
fracture of right ankle and stroke/intraeranial bleed as per
P.W.4 – Doctor. As per P.W.5 – Doctor, the claimant has
sustained fracture of right ankle bone and CT brain
revealed large left sided subdural hematoma.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
9. Considering the said injuries, the compensation
awarded by the Tribunal towards the pain and sufferings in
a sum of Rs.45,000/- is enhanced to Rs.1,00,000/- and
loss of amenities awarded in a sum of Rs.35,000/- is
enhanced to Rs.80,000/-.
10. The claimant has been admitted in hospital for
fourteen (14) days and also considering the injuries
sustained, the claimant has to take rest atleast for four
(04) months. The Tribunal has rightly awarded loss of
income during laid up period for four (04) months. Now
the income taken is Rs.17,000/- per month and therefore
the claimant is entitled to loss of income during laid up
period in a sum of Rs.68,000/- (Rs.17,000/- X 04
months).
11. The Tribunal has rightly awarded medical
expenses, food nourishment and conveyance, attendant
charges and also future medical expenses.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
12. The Tribunal considering the evidence of P.W.4
and P.W.5 has rightly arrived at the disability at 25%. In
view of the same, loss of future income due to disability is
calculated as under:
Rs.17,000/- X 12 X 7 X 25% = Rs.3,57,000/-.
13. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 1,00,000/-
2. Medical expenses Rs. 5,21,400/-
3. Loss of income during laid
up period
Rs. 68,000/-
4. Loss of future income due to
disability
Rs. 3,57,000/-
5. Food nourishment and
conveyance
Rs. 25,000/-
6. Attendant charges Rs. 14,000/-
7. Loss of amenities Rs. 80,000/-
8. Future medical expenses Rs. 35,000/-
Total Rs. 12,00,400/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
14. The claimant is entitled to total compensation of
Rs.12,00,400/- as against Rs.10,87,900/- awarded by the
Tribunal with interest.
15. Consequently, the claimant is entitled to
enhanced compensation of Rs.1,12,500/- (Rs.12,00,400/-
- Rs.10,87,900/-) with interest at the rate of 6% per
annum from the date of petition till realisation.
16. Respondent No.1/insurer is liable to pay the
said enhanced compensation amount with interest.
17. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.1,12,500/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.1/insurer shall deposit the
enhanced compensation amount with
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:59506
MFA No. 4516 of 2026
CNR: KAHC010409922026
interest before the Tribunal within a period
of six weeks from this day.
iv) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
Sd/-
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 78