Sri Alim Pasha v. Sri Puneeth Kumar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 9728 OF 2025 (MV-I) BETWEEN:

SRI ALIM PASHA S/O PASHA SAB NOW AGED ABOUT 43 YEARS R/A No. WARD No. 30 ISLAMPURA, DODDABALLAPURA BENGALURU RURAL DISTRICT.

…APPELLANT

(BY SRI RAGHU R, ADVOCATE)

AND:

¶1SRI PUNEETH KUMAR MAJOR, R/A No. 102, KOLUR (V) ANTHARAHALLI (P) KASABA (H) BENGALURU-562 203.

¶2THE MANAGER TATA AIG GEN. INS. CO., LTD., No. 69, 3RD FLOOR J.P. AND DEVI JAMBUKESHWAR

Location: HIGH COURT OF KARNATAKA

ARCADE, MILLERS ROAD BENGALURU-560 051. …RESPONDENTS

(BY SRI MALLIKARJUNA REDDY, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 01.06.2026, NOTICE TO R1 IS DISPENSED WITH)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:19.10.2024 PASSED IN MVC No.1463/2022 ON THE FILE OF THE X ADDITIONAL COURT OF SMALL CAUSES AND MEMBER, MACT, BENGALURU, SCCH-16, 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

¶1This appeal is filed by the claimants seeking enhancement of compensation awarded in the judgment and award dated 19.10.2024 passed in MVC No. 1463/2022 by the x Additional Court of Small Causes and Member, MACT, Bengaluru.

¶2Appellant – claimant made a claim petition praying to award compensation for the injuries sustained

by him in a road traffic accident that occurred on

24.12.2021 due to the rash and negligent driving by the rider of motorcycle bearing registration No. KA-50-EF-4259. The Tribunal after recording evidence, appreciating the evidence on record, assessed the compensation and awarded compensation under different heads as under: Loss of future income Rs.5,40,000.00 Medical expenses Rs.18,452.00 Pain and sufferings Rs.40,000.00 Attendant charges Rs.6,000.00 Food and nourishment Rs.4,800.00 Conveyance expenses Rs.4,000.00 Loss of income during treatment period Rs.30,000.00 Loss of amenities Rs.20,000.00 Future medical expenses Nil

Total Rs.6,63,252.00

¶3The Tribunal has also awarded interest at the rate of 6% p.a. from date of petition till the date of realization and directed respondent No. 2 – Insurer to deposit the said award amount with interest. Claimant seeking enhancement of the compensation awarded, has filed the present appeal.

¶4Heard learned counsel for appellant and learned counsel for respondent No. 2 – Insurer.

¶5The accident occurred on 24.12.2021 and as on the date of accident the claimant was aged 39 years. In the Aadhar card of the claimant – Ex.P.11, year of birth of the claimant has been shown as 1982. The accident took place on 24.12.2021. Even if the date of birth is taken as

01.01.1982, age of the claimant would be 39 years 11 months 23 days. Therefore, age of the claimant is to be taken as 39 years.

¶6Claimant had sustained head injury. P.W.4 – Doctor has assessed the neuro disability at 40% to the whole body and the Tribunal has taken the disability at 20%. Claimant himself has given evidence and faced cross-examination without any difficulty. Considering the same, the Tribunal has rightly taken the disability to the whole body at 20%. Considering the age of the claimant, multiplier applicable is 15. Since the disability taken is

20%, future prospects are to be taken at 40%. In view of the above, loss of dependency is calculated as under: 15,000 + 6,000 (40%) = Rs.21,000/-21,000 X 12 X 15 X 20% = Rs.7,56,000/-

¶7Considering the injuries sustained, namely right frontal linear undisplaced fracture with pneumocephalus with left temporal EDH, compensation awarded by the Tribunal towards pain and suffering in a sum of Rs.40,000/- requires to be enhanced to Rs.50,000/- and loss of amenities in a sum of Rs.20,000/- requires to be enhanced to Rs.30,000/-.

¶8Considering the fact that claimant had sustained head injuries he had to take rest for atleast 3 months. Therefore, loss of income during the laid up period is to awarded in a sum of Rs.45,000/- (Rs.15,000 X 3 months) as against Rs.30,000/- awarded by the Tribunal.

¶9Claimant was admitted in the hospital for 6 days and considering the same compensation awarded towards attendant charges, food and nourishment charges and conveyance charges is just and proper. The Tribunal has rightly awarded medical expenses considering the documents produced.

¶10In view of the above, claimant is entitled to total compensation under different heads as under: Pain and suffering Rs.50,000.00 Loss of amenities Rs.30,000.00 Loss of income during laid up period Rs.45,000.00 Attendant charges Rs.6,000.00 Food Rs.4,800.00 Conveyance charges Rs.4,000.00 Medical expenses Rs.18,452.00 Loss of future income Rs.7,56,000.00

Total Rs.9,14,252.00

¶11Considering the above aspects claimant is entitled to total compensation of Rs.9,14,252/- as against Rs.6,63,252/- awarded by the Tribunal with interest. Consequently, claimant is entitled to enhanced

compensation of Rs.2,51,000/- with interest at the rate of 6% p.a. from the date of petition till the date of realization. Claimant is not entitled to interest for the delay period of 311 days in filing the appeal as per the order dated 02.07.2026 passed on I.A. No. 1/2025. Respondent No. 2 – Insurer is liable to pay the said enhanced compensation with interest.

¶12In view of the above, the following; O R D E R a) Appeal is allowed in part. b) Appellant - claimant is entitled to enhanced compensation of Rs.2,51,000.00 with interest at the rate of 6% p.a. from the date of petition till the date of realization. c) Appellant – Claimant is not entitled to interest for the delay period of 311 days.

d) Respondent No. 2 – Insurer shall deposit the enhanced compensation with interest before the Tribunal within six weeks from this day. e) Appellant - claimant is entitled to release of entire enhanced compensation.

Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE

LRS List No.: 2 Sl No.: 50 Ct.sm