Sri B H Akshay Vs Pavan Kumar

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1 - NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE RAJESH RAI K MISCELLANEOUS FIRST APPEAL NO.3230 OF 2020 (MV-I)

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BETWEEN:

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SRI. B.H. AKSHAY S/O B.K.HANUMANTHARAJU AGED 21 YEARS R/AT BAILAKONENAHALLI VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 062.

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…APPELLANT

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(BY SRI. SRIDHARAMURTHY N., ADVOCATE)

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AND:

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Digitally signed by 1. PAVAN KUMAR PANKAJA S Location: HIGH S/O SRI. BAIRAPPA COURT OF AGED ABOUT 38 YEARS. KARNATAKA R/AT JOGERAHALLI VILLAGE, TAVAREKERE HOBLI, MAGADI MAIN ROAD, BEGNALURU SOUTH TALUK, BENGALURU - 562 130.

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UNITED INDIA INSURANCE CO. LTD KUNIGAL BRANCH OPPOSITE TO MUNICIPAL OFFICE,

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2 - NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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NEAR CANARA BANK, MARALAWADI HOBLI, B.M.ROAD, KUNIGAL, TUMAKURU DISTRICT BY ITS MANAGER.

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REGIONAL OFFICER

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UNITED INDIA INSURANCE COMPANY LTD., O/AT NO.40, LAKSHMI COMPLEX, FLOOR NO.1, B.O. CHIKEKPET, K.R.ROAD, FORT, BENGALRU-560002, BY ITS MANAGER.

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…RESPONDENTS

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(BY SRI.B.C.SEETHARAMA RAO, ADVOCATE FOR R-2; V/O DTD 01.03.2023, NOTICE TO R-1 IS D/W; V/O DTD 11.09.2025, NOTICE TO R-3 IS H/S)

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THIS MFA FILED U/S 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DT. 06.12.2018 IN MVC NO.549/2018 ON THE FILE OF THE ADDITIONAL SMALL CAUSES JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, BENGALURU, (SCCH13).

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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3 -

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NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

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ORAL JUDGMENT

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The claimant, being dissatisfied with the compensation of Rs.4,07,023/- awarded by the Tribunal, is in appeal.

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The fact that the accident occurred and the further fact

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that the offending vehicle was insured is not in dispute.

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

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Sl. No.	Particulars	Amount in (Rs.)
1.	Pain and sufferings	40,000
2.	Loss of future income due to disability	90,720
3.	Medical expenses	1,76,303
4.	Conveyance, nourishment and nutritious food	50,000
5.	Loss of his education	50,000
	Total	4,07,023

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4 -

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NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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The Tribunal, on an analysis of the medical evidence, has concluded that the claimant has suffered permanent disability to the extent of 7% to the whole body.

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I have perused the evidence of the Doctor - PW.2 and the documents Exs.P.5 and 7 i.e., the wound certificate and the discharge summary and also Exs.P.14 to 16 X-rays and CT scan, which clearly depicts that the claimant sustained grievous injuries and also there is a disability of 22% of the right lower limb. In such circumstance, considering the nature of the injury sustained by the claimant, I am of the considered view that disability suffered by the claimant would be 10%.

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The Tribunal has determined the monthly income, 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 2017, would be Rs.11,000/-.

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As the claimant was aged 19 years, a multiplier of '18' would have to be applied. Consequently, the claimant would be

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5 -

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NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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entitled to a sum of Rs.2,37,600/- (11,000 x 12 x 18 x 10%)

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towards 'loss of future income'.

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Having regard to the injuries suffered by the claimant,

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the claimant would be entitled to a sum of Rs.60,000/- towards 'pain and suffering' as against Rs.40,000/- awarded by the Tribunal.

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The sum awarded as medical expenses at Rs.1,76,303/-, being based on documentary evidence, do not call for modification and hence confirmed.

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The sums awarded under other heads of compensation granted by the Tribunal, remain unaltered.

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Consequently, the award of the Tribunal is modified and

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the claimant would be entitled to the following compensation:

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Sl. No.	Compensation under different Heads	As awarded by the Tribunal	As awarded by this Court
		(Rs.)	(Rs.)
1.	Pain and sufferings	[ 40,000	60,000

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6 - NC: 2026:KHC:26793 MFA No. 3230 of 2020

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HC-KAR

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2.	Loss of future income due to disability	90,720	2,37,600
3.	Medical expenses	1,76,303	1,76,303
4.	Conveyance, nourishment and nutritious food	50,000	50,000
5.	Total	4,07,023	5,23,903

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Thus, the claimant is held entitled to the total compensation of Rs.5,23,903/- as against Rs.4,07,023/-, along with interest at the rate of 6% per annum from the date of petition till its realization.

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The 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.

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The appeal is accordingly allowed in part .

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SD/(RAJESH RAI K) JUDGE

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GPG List No.: 1 Sl No.: 26

Sri B H Akshay v. Pavan Kumar

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Sri B H Akshay v. Pavan Kumar

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