Girija v. Aadil Pasha

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 7407 OF 2025 (MV-I) BETWEEN:

GIRIJA W/O BOJARAJA AGED ABOUT 35 YEARS R/A DODDA BAGANAHALLI VILLAGE KASABA HOBLI, HASSAN – 573 201.

…APPELLANT

(BY SRI. KAVITHA H C, ADVOCATE)

AND:

¶1AADIL PASHA S/O ANWAR JHON R/A AMBEDKAR NAGARA BEHIND KPTCL, HASSAN – 573 201. (OWNER OF THE GOODS VEHICLE BEARING REG No. KA-13-C-8225).

¶2THE MANAGER HDFC IRGO GENERAL INSURANCE CO. LTD., REGIONAL OFFICE No.110 H M GENEVA HOUSE

CUNNINGHAM ROAD BENGALURU – 560 001.

…RESPONDENTS

(BY SRI MALLIKARJUNA REDDY N A, ADVOCATE FOR SRI B PRADEEP, ADVOCATE FOR R2 V/O DTD. 11.06.2026, NOTICE TO R1 D/W)

THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:02.05.2025 PASSED IN MVC No.852/2021 ON THE FILE OF THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, 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 02.05.2025 passed in MVC No.852/2021 by the V Additional District Judge and Additional MACT, Hassan.

¶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/insurer.

¶3The appellant made a claim petition praying to award compensation for the injuries sustained by her in a road traffic accident occurred on 20.07.2021 contending that the accident occurred due to rash and negligent driving of the driver of Ashok Leyland goods vehicle bearing Regn.No.KA-13-C-8225. 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.)

¶01Future loss of income 2,79,000/-

¶02Loss of income during laid up period 16,000/-

¶03Medical expenses 1,17,144/-

¶04Future medical expenses 90,000/-

¶05Pain and sufferings 30,000/-

¶06Attendant charges 15,000/-

¶07Conveyance charges 10,000/-

¶08Nourishment charges 10,000/-

¶09Loss of amenities 10,000/-

¶10Loss of life expectancy 20,000/-

Total 5,97,144/-

¶4The Tribunal also awarded interest @ 6% p.a. from the date of petition till realization and directed 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/insurer.

¶6The accident occurred on 20.07.2021 and the claimant is aged 37 years as on the date of the accident. The occupation of the claimant is stated to be Proprietor of petty shop. The Tribunal considering the age of the claimant rightly applied multiplier '15' and considering the year of the accident has rightly taken the notional income at Rs.15,000/- p.m.

¶7The claimant has sustained the following injuries:

• Severe pelvic injury with complete disathesis of public syphysis with restroperitoneal hematoma. • Fracture illium publics • Sine injury fracture sacrum and coccyx • Blunt injury abdomen • Chest injury • Head injury

¶8PW.2 – Doctor has stated that injuries 1 to 4 are grievous injuries and others are simple injuries. Considering the said injuries sustained by the claimant the compensation awarded towards pain and suffering in a sum of Rs.30,000/- is enhanced to Rs.1,00,000/- and loss of amenities in a sum of Rs.10,000/- is enhanced to Rs.70,000/-. Considering the injuries sustained, the claimant has to take rest atleast for six months and therefore, entitled to loss of income during laid up period in a sum of Rs.90,000/- (15,000 x 6 months) as against Rs.16,000/- awarded by the Tribunal. The Tribunal has rightly awarded medical expenses of Rs.1,17,144/-, future

medical expenses of Rs.90,000/-, attendant charges of Rs.15,000/-, conveyance charges of Rs.10,000/-, nourishment charges of Rs.10,000/- and loss of life expectancy in a sum of Rs.20,000/-.

¶9PW.2 is the Doctor who has examined the claimant and assessed her disability and stated that the claimant has sustained 12% disability to the lower limb and 20% to the spine. Considering the evidence of Doctor, the Tribunal has taken disability to the whole body at 10.33%. Considering the disability to the spine and the lower limb, the functional disability is to be taken into consideration and therefore, the functional disability is taken at 15%. In view of the above, the loss of future income due to disability is calculated as under: Rs.15,000 x 12 x 15 x 15% = Rs.4,05,000/-

¶10In view of the above, the claimant is entitled to compensation under various heads as under:

Sl.No. Heads Amount in (Rs.)

¶01Loss of future income due to disability 4,05,000/-

¶02Pain and suffering 1,00,000/-

¶03Loss of amenities 70,000/-

¶04Loss of income during laid up period 90,000/-

¶05Medical expenses 1,17,144/-

¶06Future medical expenses 90,000/-

¶07Attendant charges 15,000/-

¶08Conveyance charges 10,000/-

¶09Nourishment charges 10,000/-

¶10Loss of life expectancy 20,000/-

Total 9,27,144/-

¶11Considering the above aspects, the claimant is entitled to total compensation of Rs.9,27,144/- as against Rs.5,97,144/- awarded by the Tribunal with interest. Consequently, the claimant is entitled to enhanced compensation of Rs.3,30,000/- 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.

¶12In 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.3,30,000/- with interest @ 6% p.a. from the date of petition till realization.

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

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

(SHIVASHANKAR AMARANNAVAR) JUDGE

DKB List No.: 1 Sl No.: 21 Ct.sm