D Shashikumar v. Mohammed Nasarulla

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Karnataka HC, Bengaluru; C.M. Poonacha, J.; decided 03-07-2025; MFA No.3941/2017 c/w MFA No.2792/2017 (MV-I) under S.173(1) MV Act; NC: 2025:KHC:23985. Cross-appeals by claimant D Shashikumar (enhancement) and New India Assurance Co. Ltd. (reduction) against MVC No.1253/2015, I Addl. Senior Civil Judge & IV MACT Chitradurga award of Rs.10,41,600/- @ 8% (dated 17.01.2017); Mohammed Nasarulla (owner/driver-side respondent) served and unrepresented. Negligence and liability final; quantum alone reconsidered: age 20, multiplier 18; notional income Rs.8,500/- p.m. (raised from Rs.8,000/-, no income documents); injuries - compound fracture right proximal tibia and fibular head, crush injury right foot, fractures of 2nd-5th metatarsals, amputation of 2nd-4th toes, 40 days inpatient; disability 20% upheld (PW.3 assessed 52% right lower limb); head-wise re-assessment (pain and suffering 60,000; medical 1,40,000 on bills of 1,37,165 Ex.P20; food/nourishment/attendant 40,000; amenities 50,000; laid-up 34,000; disability 3,67,200; marriage prospects 50,000); loss of estate (96,000) and duplicate medical/incidental (2,00,000) deleted; interest cut from 8% to 7% citing fixed-deposit rates; final award Rs.7,41,200/-; appeals allowed in part; no costs. Relevant for: notional income assessment absent proof, head-wise re-working in disability claims, deletion of overlapping heads, and judicial notice-based interest reduction.