Sharuk Khan A v. Prabhakara S

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.7050 OF 2021(MV-I) BETWEEN:

SHARUK KHAN A S/O SYED ANWAR AGED ABOUT 24 YEARS R/AT NO.2/118, 6TH CROSS MUSLIM BLOCK, N.H PALYA J.P NAGAR, MYSORE-570008. …APPELLANT (BY SRI. SHANTHARAJ K, ADVOCATE)

AND:

¶1PRABHAKARA S S/O CHIKKADEERAPPA AGED ABOUT 43 YEARS RESIDING AT RACHAPURA VILLAGE KAIVARA HOBLI, HIREKATTINAHALLI POST CHINTHAMANI TALUK CHIKKABALLAPURA-562 103.

¶2HARISH KUMAR S/O LATE KRISHNAPPA AGED ABOUT 36 YEARS RESIDING AT NO.156, 3RD BLOCK RAMABAINAGARA, MYSURU-570 008 …RESPONDENTS (R1, R2 - SERVED)

by PANKAJA S Location: HIGH COURT OF KARNATAKA

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 29.06.2021 PASSED IN MVC NO.614/2017 ON THE FILE OF THE PRINCIPAL JUDGE, COURT OF SMALL CAUSES, AS A PRESIDING OFFICER, MOTOR ACCIDENTS CLAIMS TRIBUNAL, MYSURU, 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.3,92,000/- awarded by the Tribunal in MVC No.614/2017 dated 29.06.2021, is in appeal.

¶2The fact that the accident occurred and the further fact that the claimant sustained injuries in the said accident are not in dispute.

¶3The Tribunal, on assessment of evidence, has awarded the following sums as compensation:

Sl. No. Particulars Amount in (Rs.)

¶1Compensation towards pain, shock and sufferings 15,000

¶2Compensation towards loss of income during laid up period 12,000

¶3Compensation towards attendant charges, extra diet, nourishment and conveyance 7,000

¶4Compensation towards loss of amenities 5,000

¶5Compensation towards medical expenses 1,36,000

¶6Compensation towards loss of future income 1,97,000

¶7Compensation towards future treatment 20,000

Total 3,92,000

¶4The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered functional disability to the extent of 13% to the whole body. Since the Doctor has assessed the visual disability at 30% and disability to both the limbs at 40%, the Tribunal has assessed the disability at 13% to the whole body. Having regard to the nature of the injuries sustained by the claimant and having perused the medical records including the evidence of PWs.2 and 3-Doctors, I deem it appropriate to assess the disability of the claimant at 30%.

¶5The Tribunal has determined the monthly income of the claimant, notionally at Rs.6,000/-. 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 2016, would be Rs.9,500/-.

¶6As the disability of the claimant is assessed at 30%, 40% future prospects requires to be added to the said income since the claimant was aged about 20 years, which would be Rs.13,300/- (9,500 + 40%).

¶7As the claimant was aged 20 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be entitled to a sum of Rs.8,61,840/- (13,300 x 12 x 18 x 30%) towards 'loss of future income'.

¶8Having regard to the injuries suffered by the claimant, I deem it just and appropriate to award a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.15,000/- awarded by the Tribunal.

¶9As a consequence, the claimant would be entitled to a sum of Rs.28,500/- towards 'loss of income during the laid up period' (Rs.14,000 X 3 months) as against Rs.12,000/- awarded by the Tribunal, considering the laid up period as six months.

¶10Having regard to the lasting effects of the injuries on the claimant, the claimant would also be entitled to a sum of Rs.40,000/- as against Rs.5,000/- towards 'loss of amenities'.

¶11The sums awarded as 'medical expenses' at Rs.1,36,000/-, being based on documentary evidence, do not call for modification and hence confirmed.

¶12The sums awarded under the heads 'attendant charges, extra diet, nourishment and conveyance' and 'future treatment' remain unaltered.

¶13Consequently, 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 the Tribunal (Rs.) As awarded by this Court (Rs.)

¶1Compensation towards pain, shock and sufferings 15,000 60,000

¶2Compensation towards loss of income during laid up period 12,000 28,500

¶3Compensation towards attendant charges, extra diet, nourishment and conveyance 7,000 7,000

¶4Compensation towards loss of amenities 5,000 40,000

¶5Compensation towards medical expenses 1,36,000 1,36,000

¶6Compensation towards loss of future income 1,97,000 8,61,840 Compensation towards future treatment 20,000 20,000

Total 3,92,000 11,53,340

¶14Thus, the claimant is held entitled to the total compensation of Rs.11,53,340/- as against Rs.3,92,000/-, along with interest at the rate of 6% per annum from the date of petition till its realization, by excluding the interest on the sum awarded under 'future treatment'.

¶15The finding of the Tribunal in respect of saddling of liability to respondent Nos.1 and 2 that they are jointly and severally liable to pay the compensation remain undisturbed. Hence, respondent Nos.1 and 2 are directed to deposit the amount of compensation awarded within six weeks from the date of receipt of a certified copy of this judgment.

The appeal is accordingly allowed in part.

SD/- (RAJESH RAI K) JUDGE

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