KUMAR RAKESH L vs SRI. VIJAY KUMAR B
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
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. 3457 OF 2025
(MV-I)
BETWEEN:
KUMAR RAKESH L
S/O K N LAKSHMAN
AGED ABOUT 19 YEARS
R/AT No.501, MANGANAHALLI CROSS
RD
VEISHVESHWARAIAH, 3 BLOCK
BENGALURU – 560 056.
LATE A MINOR NOW ATTAINED MAJORITY
PERMANENT R/AT No.104
KODIYALA KARENAHALLI
BIDADI HOBLI
RAMANAGAR – 562 109.
…APPELLANT
(BY SRI SHASTRI SHRIPAD VISHWANATHA, ADVOCATE)
AND:
1. SRI. VIJAY KUMAR B
S/O BASAVARAJAPPA K
MAJOR, R/AT B, 72
SHRI MARUTHI MYTRI NAGAR LAYOUT
NEAR NIRMAN INTERNATIONAL PUBLIC SCHOOL
UPAKAR LAYOUT
BENGALURU – 560 091.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
2. RELIANCE GEN. INS. CO. LTD.,
TH
No.28, 5 FLOOR, SOUTHERN PORTION
EAST WING, CENTENARY BUILDING
M G ROAD, BENGALURU-560 001.
REP. BY ITS BRANCH MANAGER.
…RESPONDENTS
(BY SMT. MALATHI N, ADVOCATE FOR R2
V/O DTD. 19.06.2026, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:23.10.2024
PASSED IN MVC No.2496/2022 ON THE FILE OF THE XXIII
ADDITIONAL SMALL CAUSES JUDGE, MACT, BENGALURU,
(SCCH-25), 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 23.10.2024 passed in MVC No.2496/2022 by
the XXIII Additional Small Causes Judge and Member,
MACT, Bengaluru (SCCH-25).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
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 12.01.2021 contending
that the accident occurred due to rash and negligent
driving of the driver of car bearing Regn.No.KA-41-MB-
4503. 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. Pain and suffering already
undergone and to be suffered in
future including loss of comforts
amenities on account of
disability
4,00,000/-
02. Discomforts, inconvenience and
loss of earnings of the parent
during the laid up period
20,000/-
03. Medical bills 21,705/-
04. Attendant charges 60,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
05. Transportation and conveyance 40,000/-
expenses
Total 5,41,705/-
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 12.01.2021 and as on
the date of accident, the claimant was aged 15 years.
Learned counsel for the appellant would contend that the
Tribunal relying upon decision of Hon’ble Apex Court in
Master Mallikarjun Vs. Divisional Manager, National
Insurance has awarded compensation. He placed reliance
on the decision of the Hon’ble Apex Court in the case of
Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari
and Another (2025 INSC 1070) to contend that in
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
cases of injury to the minor the income is to be taken
based on minimum wages, multiplier to be applied and
disability is to be taken while awarding compensation for
loss of future income due to disability and apart from that
compensation is to be awarded under various heads such
as pain and suffering, loss of amenities, loss of income of
parents during laid up period etc. In view of the decision
of Hon’ble Apex Court in the case of Hitesh Nagjibhai Patel
(supra), the income of the injured minor is to be taken
based on minimum wages of a skilled labourer.
Considering the minimum wages of a skilled labourer it is
on par with the notional income fixed by the Karnataka
State Legal Services Authority for the year 2021 in a sum
of Rs.15,000/- p.m. Therefore, the income of the injured
claimant is to be taken at Rs.15,000/- p.m.
7. The claimant has sustained head injury. PW.4–
Doctor who has examined the claimant has stated that the
claimant has traumatic brain injury - right frontal fracture
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
and underlying EDH. PW-4 Neuro surgeon has assessed
the disability of the claimant based on the
neuropsychological assessment done by Dr.Pratibha
Sharan (NIMHANS) wherein cognitive and neuro
behavioural disability is stated at 41%. PW.4 – Doctor has
stated that permanent whole body disability is 62%. PW.4
in the cross-examination has stated that claimant is able
to do his day to day activity with difficulty and he has
continued his studies. The Doctor has further stated in
cross-examination that appellant/claimant has got
admitted to the school, but he is not fairing well.
Considering the said evidence of the Doctor and Doctor –
Pratibha Sharan who has done neuropsychological
assessment has not been examined, the Tribunal has
rightly taken functional disability at 35%. Since the
disability taken is 35%, future prospects are to be added
at 40%. Since the claimant is aged 15 years, multiplier
applicable is ‘15’. In view of the above, loss of future
income due to disability is calculated as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
Rs.15,000 x 12 x 15 x 35% + 40% = Rs.13,23,000/-
8. Considering the injuries sustained by the claimant,
he is entitled to award of compensation towards pain and
suffering in a sum of Rs.80,000/- and loss of amenities in
a sum of Rs.60,000/-. Considering the said injuries
sustained the claimant has to take rest atleast for two
months and therefore, one of the parent has to take care
of the claimant who is minor and therefore, entitled to loss
of income of parent during laid up period for two months
in a sum of Rs.30,000/- (Rs.15,000 x 2 months). The
records indicate that the claimant has been admitted in
the hospital for five days and therefore, he is entitled to
attendant, conveyance charges, food and nourishment in a
sum of Rs.5,000/- (Rs.1000 x 5 days). The claimant has
incurred medical expenses of Rs.21,705/- and he is
entitled for the same.
9. In view of the above, the claimant is entitled to
compensation under various heads as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 80,000/-
02. Loss of amenities 60,000/-
03. Loss of income during laid up 30,000/-
period
04. Attendant, conveyance charges 5,000/-
05. Medical expenses 21,705/-
06. Loss of future income 13,23,000/-
Total 15,19,705/-
10. Considering the above aspects, the claimant is
entitled to total compensation of Rs.15,19,705/- as
against Rs.5,41,705- awarded by the Tribunal with
interest. Consequently, the claimant is entitled to
enhanced compensation of Rs.9,78,000/- 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.
11. 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.9,78,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59672
MFA No. 3457 of 2025
CNR: KAHC010311182025
with interest @ 6% p.a. from the date of
petition till realization.
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 25% shall
be released to the claimant and remaining
75% shall be kept in fixed deposit in the
name of claimant with Karnataka Bank, City
Civil Court Branch, Bengaluru, for a period of
five years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 18
Ct.sm