Sri.Bidhan Mistry v. Mr.Sharavana

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 5222 OF 2026 (MV-I)

BETWEEN:

SRI.BIDHAN MISTRY S/O DHANAPATHI MISTRY NOW AGED ABOUT 53 YEARS RESIDING AT: E-47, 4TH CROSS NEAR MARUTHI THEATER RAJGOPALNAGAR, LAGGERE PEENYA BENGALURU -560 058.

…APPELLANT

(BY SRI B CHANDRASHEKHARAIAH, ADVOCATE)

AND:

¶1MR.SHARAVANA S/O VENKATESAN MAJOR (AGED OF R-1 NOT KNOWN TO APPELLANT ) RESIDING AT No. D35, 1ST MAIN ROAD KTG SCHOOL ROAD HEGGANAHALLI, V.N. POST BENGALURU - 560 091.

Location: HIGH COURT OF KARNATAKA ((((((((((((HC-KAR, NC:(2026:KHC:41486( MFA(No.(5222(of(2026( ( ,,,,,,,,,, , CNR:(KAHC010483612026( ( (

2., BAJAJ,ALLIANZ,GENERAL,, INSURANCE,COMPANY,LTD.,, T.P.HUB,,1/2,,GOLDEN,HEIGHTS, TH TH,,FLOOR,,59 ,,'C',CROSS,4 TH4 ,,M,BLOCK,,RAJAJINAGAR, BENGALURU-560,010., BY,ITS,MANAGER, …RESPONDENTS, , (BY,SRI,MALLIKARJUNA,REDDY,N,A,,ADVOCATE,FOR, ,SRI,B,PRADEEP,,ADVOCATE,FOR,R2, ,V/O,DTD.,23.07.2026,,NOTICE,TO,R1,D/W), , , THIS, MFA, IS, FILED, UNDER, SECTION, 173(1), OF, MV, ACT,, AGAINST, THE, JUDGMENT, AND, AWARD, DATED.,

05.03.2026.PASSED,IN,MVC, No.6409/2024,ON,THE,FILE,OF,THE,,, XI,ADDL.,SMALL,CAUSES,AND,ADDL.,MACT.,,BENGALURU,,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,05.03.2026,passed,in,MVC,No.6409/2024,by,the, XI,Addl.Small,Causes,Judge,,Court,of,Small,Causes,,Member,, MACT-12,,Bengaluru,(SCCH-12).,,

¶2Even 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.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 28.07.2024 contending that the accident occurred due to rash and negligent driving of the driver of Car bearing Regn.No.KA-04-MR-8974. 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.)

¶01Medical expenses NIL

¶02Food and nourishment 3,500/-

¶03Attendant charges 3,500/-

¶04Loss of income during laid up period 33,000/-

¶05Conveyance charges 3,000/-

¶06Loss of income due to disability 2,39,580/-

¶07Future medical expenses 25,000/-

¶08Pain and sufferings 30,000/-

¶9Physical discomfort and loss of amenities of life 40,000/-

¶10Loss of future prospects Nil

Total 3,77,580/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed the respondent No.2/insurer to deposit the award amount with interest. The claimant seeking enhancement of compensation has filed the present appeal.

¶5Heard learned counsel for the appellant and learned counsel for respondent No.2.

¶6Learned counsel for appellant would contend that the claimant was Electrician aged 45 years and therefore, income is to be taken higher than the chart income. PW.2 – Doctor has stated that the claimant has sustained 32% disability to the limb and 11% to the whole body and considering the same, the Tribunal has taken disability at 11%. He submits that functional disability is to be taken since the claimant is electrician. The notional income fixed for the year 2024 is Rs.17,000/- and the same is to be taken as against Rs.16,500/- taken by the Tribunal. The claimant has sustained fracture of distal radius left and considering the same, compensation awarded for pain and suffering and loss

of amenities are on lower side. The claimant has been admitted in the hospital for 7 days and considering the fractures sustained, he has to take rest atleast for three months. Therefore, the compensation has to be awarded towards loss of income during laid up period for three months as against two months awarded by the Tribunal. The medical expenses are not awarded since the medical bills and prescriptions are not produced. Considering the fact that the claimant has been admitted in the hospital for 7 days and he has underwent surgery, a minimum of Rs.25,000/- has to be awarded towards medical expenses even though the claimant has not produced any medical bills. With this he prayed to allow the appeal.

¶7Learned counsel for respondent No.2/insurer would contend that the Tribunal has rightly taken the disability as stated by the Doctor. The compensation awarded under all other heads is just and proper and there are no grounds for enhancement.

¶8Having heard the learned counsels, the Court has perused the judgment and award.

¶9The accident occurred on 28.07.2024 and the claimant was aged 51 years as on the date of accident. It is the case of the claimant that he was working as electrician, but no document is produced in that regard. The Tribunal has taken the income of the claimant at Rs.16,500/- p.m. As per the chart prepared by the Karnataka State Legal Services Authority the notional income for the year 2024 is Rs.17,000/- and the said income is to be taken as against Rs.16,500/- taken by the Tribunal.

¶10PW.2 – Doctor who has examined the claimant and assessed his disability has stated that claimant is having 32% disability to the left upper limb and 11% to the whole body. Considering the evidence of PW.2, Tribunal has rightly taken disability at 11%. The Tribunal has rightly applied multiplier '11' as the claimant is aged 51 years. In view of the same, loss of future income is calculated as under:

Rs.17,000 x 12 x 11 x 11% = Rs.2,46,840/-

¶11Considering the fracture sustained by the claimant, compensation awarded for pain and suffering in a sum of Rs.30,000/- requires to be enhanced to Rs.40,000/-. The Tribunal has rightly awarded compensation towards loss of amenities in a sum of Rs.40,000/-, food and nourishment in a sum of Rs.3,500/- and attendant charges in a sum of Rs.3,500/- since the claimant has been admitted in the hospital for 7 days. Considering that the claimant has sustained fracture, he has to take rest atleast for 3 months and therefore, he is entitled to loss of income during laid up period in a sum of Rs.51,000/- (Rs.17,000 x 3 months) as against Rs.33,000/- awarded by the Tribunal. The Tribunal has rightly awarded Rs.25,000/- towards medical expenses and Rs.3,000/- towards conveyance charges. The Tribunal has not awarded medical expenses on the ground that the claimant has not produced any document in that regard. Even though the claimant has not produced any evidence, in fact the claimant has been admitted in the hospital for 7 days

and underwent operation. Considering the same, it can be said that he has incurred medical expenses atleast in a sum of Rs.25,000/-. Therefore, the claimant is entitled to a sum of Rs.25,000/- towards medical expenses.

¶12In view of the above, the claimant is entitled to compensation under various heads as under: Sl.No. Heads Amount in (Rs.)

¶01Medical expenses 25,000/-

¶02Food and nourishment 3,500/-

¶03Attendant charges 3,500/-

¶04Loss of income during laid up period 51,000/-

¶05Conveyance charges 3,000/-

¶06Loss of income due to disability 2,46,840/-

¶07Future medical expenses 25,000/-

¶08Pain and sufferings 40,000/-

¶09Physical discomfort and loss of amenities of life 40,000/-

Total 4,37,840/-

¶13Considering the above aspects, the claimant is entitled to total compensation of Rs.4,37,840/- as against Rs.3,77,580/- awarded by the Tribunal, with interest @ 6% p.a. from the date of petition till realization. Consequently, the claimant is entitled to enhanced compensation of Rs.60,260/- 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.

¶14In 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.60,260/- with interest @ 6% p.a. from the date of petition till realization.

iii) Respondent No.2/insurer shall deposit the enhanced compensation amount with interest before the Tribunal within a period of six weeks from this day.

iv) Appellant/claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 55 Ct.sm