Shashikumar @ A H Shashikumar v. Soubhagya Lakshmi K R

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO. 727 OF 2022 (MV-I) BETWEEN:

SHASHIKUMAR @ A.H SHASHIKUMAR S/O. HUCCHEGOWDA, AGED ABOUT 46 YEARS R/AT NO. 232, I FLOOR, 1ST MAIN ROAD, 7TH BLOCK, KORAMANGALA, BANGALORE 95 …APPELLANT (BY SRI. SHRIPAD V SHASTRI, ADVOCATE) AND:

¶1SOUBHAGYA LAKSHMI K R W/O. JAYAPRAKASH M N, NO. 301/2, NEAR KUMVEMPU COLLEGE, MALLASANDRA, T. DASARAHALLI, BANGALORE-57

¶2NATIONAL INSURANCE CO LTD NO. 144, 2ND FLOOR, SHUBRAM COMPLEX, M.G ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI. SHIVARAJ PATIL, ADVOCATE FOR R2, NOTICE TO R1 IS DISPENSED WITH) by PANKAJA S Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT.17.07.2021 PASSED IN MVC NO.7705/2018 ON THE FILE OF THE 12TH ADDITIONAL AND ACMM, MACT, BENGALURU, (SCCH-8), 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 RAJESH RAI K ORAL JUDGMENT

¶1The claimant, being dissatisfied with the compensation of Rs.5,79,347/- awarded by the Tribunal in MVC No.7705/2018 dated 17.07.2021, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured are not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation: Sl. No. Particulars Amount in (Rs.)

¶1Loss of future income 90,720

¶2Pain and sufferings 1,00,000

¶3Medical expenses 2,34,627

¶4Loss of amenities

¶5Loss during laid down period 54,000

¶6Food, nourishment and travel expenses 20,000

¶7Future medical expenses TOTAL 5,79,347

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered physical disability to the extent of 6% to the whole body.

¶5I have perused the evidence of PW.3-Doctor and the wound certificate/disability certificate. The same depicts that the claimant has suffered following injuries: i. Tenderness over servical spine, C-7 sinous process fracture ii. Swelling over left shoulder, left scapula spine fracture iii. Puncture wound over right forearm with deformity both bone fracture right forearm iv. Swelling and deformity over right knee, both bones fracture right leg v. Tenderness over chest, multiple rib fracture and bilateral lung contusions vi. Multiple abrasions of vangang dimension over face, left upper limb and lower limb, pelnis; right inferior publc ramus fracture

¶6Since the Doctor has assessed the disability at 27% to the whole body, the Tribunal has considered the disability to the whole body at 6%. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records and the evidence of PW.3-Doctor, I deem it appropriate to assess the disability of the claimant at 17% to the whole body.

¶7The Tribunal has determined the monthly income of the claimant at Rs.9,000/-. Since there is no credible documentary evidence to ascertain the actual monthly income, it would be appropriate and prudent to adopt the monthly income determined by Karnataka State Legal Services Authority, which, for the accident of the year 2018, would be Rs.12,500/-.

¶8As the claimant was aged 42 years, appropriate multiplier would be '14'. Accordingly, the compensation towards 'loss of future income' works out to Rs.3,57,000/- (Rs.12,500 x 12 x 14 x 17%).

¶9The sums awarded by the Tribunal under remaining heads, being based on documentary evidence, are just and proper.

¶10Consequently, the award of the Tribunal is modified and the claimant would be entitled to the following compensation: Sl. No. Compensation under different Heads As awarded by this Court (Rs.)

¶1Loss of future income 3,57,000

¶2Pain and sufferings 1,00,000

¶3Medical expenses 2,34,627

¶4Loss of amenities

¶5Loss during laid down period 54,000

¶6Food, nourishment and travel expenses 20,000

¶7Future medical expenses TOTAL 8,45,627 W

¶11Thus, the claimant is held entitled to the total compensation of Rs.8,45,627/- as against Rs.5,79,347/-. The enhanced compensation shall carry interest at the rate of 6% per annum from the date of petition till its realization.

¶12The Insurance Company is directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

The apportionment of compensation amount shall be in terms of the award of the Tribunal. The amount in deposit, if any, shall be transmitted to the Tribunal. The appeal is accordingly allowed in part. Pending I.As., if any, stand disposed of. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 10