Raghu G v. Raju H

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.4895 OF 2021(MV-I) BETWEEN:

RAGHU G S/O GANGARAJU, AGED ABOUT 29 YEARS, R/AT JAKKANAHALLI, HOSAHALLI, BENGALURU RURAL DISTRICT …APPELLANT (BY SRI. NAIK KRISHNA VENKATRAMAN, ADVOCATE) AND:

¶1RAJU H S/O HANUMANTHARAYAPPA, A N, R/AT 6TH THIGALABAGILU, SHRI DHARMARAYASWAMY NAGARA, DODDABALLAPURA, BENGALURU RURAL DISTRICT 561203 by PANKAJA S Location: HIGH COURT OF KARNATAKA

OWNER OF THE CAR BEARING REGN NO KA-03-MS 6421

¶2THE MANAGER THE UNITED INDIA INSURANCE CO LTD, 5TH FLOOR, KRUSHI BHAVAN, NRUPATHUNGA ROAD, NEAR HUDSON CIRCLE, BENGALURU 560027 (POLICY NO 0716823117P113232717 VALID FROM 17-02-2017 TO 16-12-2018) …RESPONDENTS (BY SRI. K. SURESH, ADVOCATE FOR R2, VIDE ORDER DATED 09.04.2022, NOTICE IS R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 12.01.2021 PASSED IN MVC NO.6824/2018 ON THE FILE OF THE 12TH ADDITIONAL JUDGE AND ACMM, COURT OF SMALL CAUSES, BENGALURU SCCH-8, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

THIS APPEAL, COMING ON FOR HEARING, 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.2,28,135/- awarded by the Tribunal, is in appeal.

¶2The fact that the accident occurred and the further fact that the offending vehicle was insured is 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 1,55,520

¶2Pain and sufferings 15,000

¶3Medical expenses 18,615

¶4Loss of amenities 25,000

¶5Loss during laid down period 9,000

¶6Food and nourishment, transportation charges and attendant charges 5,000 Total 2,28,135

¶4The Tribunal, on analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 8% to the whole body.

¶5I have perused the evidence of the Doctor - PW.2 and the wound certificate, the same depicts that the claimant has suffered from fracture of right middle thigh, lacerated wound right middle of the leg and 4th below right knee.

¶6Since the Doctor has assessed the disability at 42% to the lower limb and 21% to the whole body, considering the nature of injuries and evidence of PW.2 and wound certificate, I deem it just and appropriate to consider the disability at 14%. Accordingly, the disability suffered by the claimant would be at 14%.

¶7The learned counsel for the appellant submits that the Tribunal has erred in taking the income of the claimant at Rs.9,000/-, despite the claimant has produced Exs.P8 and P9 i.e., the salary certificate and pass book. According to that the claimant was earning a salary of Rs.9,100/- and he was earning a Rs.2,308/- i.e., excess income. Thus, the income of the claimant is to be taken at Rs.11,408/-.

¶8As the claimant was aged 25 years, the Tribunal has rightly applied a multiplier of '18'. Consequently, the claimant

would be entitled to a sum of Rs.3,44,978/- (11,408 x 12 x 18 x 14%) towards 'loss of future income' as against the sum of Rs.1,55,520/- awarded by the Tribunal.

¶9Consequently, the claimant would be entitled to sum of Rs.34,224/- (Rs.11,408 X 3 months) towards 'loss of income during the laid up period', treating the laid up period as three months.

¶10Having regard to the injuries suffered by the claimant and its lasting effect, the claimant would be entitled to a sum of Rs.50,000/- towards 'pain and suffering' as against Rs.15,000/- and Rs.30,000/- towards loss of amenities, as against the sum of Rs.25,000/- awarded by the Tribunal.

¶11Having regard to the length of the stay of the claimant in the hospital, the claimant would also be entitled to 'food and nourishment, transportation charges and attendant charges' at Rs.15,000/- as against the sum of Rs.5,000/- awarded by the Tribunal.

¶12Having regard to the injuries suffered by the claimant and its further treatment in the future, I deem it just and

appropriate to award a sum of Rs.10,000/- towards 'future medical expenses'.

¶13The sum awarded as medical expenses at Rs.18,615/- being based on the documentary evidence, do not call for modification and hence confirmed.

¶14Consequently, 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.)

¶1Loss of future income 1,55,520 3,44,978

¶2Pain and sufferings 15,000 50,000

¶3Medical expenses 18,615 18,615

¶4Loss of amenities 25,000 30,000

¶5Loss during laid down period 9,000 34,224

¶6Food and nourishment, transportation charges and attendant charges 5,000 15,000

¶7Future medical expenses --- 10,000 Total 2,28,135 5,02,817

¶15Thus, the claimant is held entitled to the total compensation of Rs.5,02,817/- as against Rs.2,28,135/-. The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till its realization.

¶16The 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 appeal is accordingly allowed in part. SD/- (RAJESH RAI K) JUDGE CR List No.: 1 Sl No.: 10