Partly allowed

Sri Riyaz v. Sri Giridhara N

Karnataka HC18 Sept 2026MFA/4480/2026

Case brief

AI extract

What is this about?

The High Court of Karnataka partly allowed an appeal by the claimant against a Motor Accident Claims Tribunal award dated 25.04.2026. The court enhanced the compensation for loss of future income due to disability by Rs.2,89,080/- after finding that the Tribunal should have used the 2024 notional income of Rs.17,000/- per month and applied a 40% future prospects addition for the 39-year-old claimant. The insurer was directed to deposit the enhanced amount with 6% interest within six weeks.

What did the court decide?

Enhanced compensation of Rs.2,89,080/- with interest at 6% per annum from date of petition till realization; insurer to deposit amount before Tribunal within six weeks.

Sri Riyaz Vs Sri Giridhara N — Motor Accident Claims | Karnataka HC (2026)

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HC-KAR NC: 2026:KHC:50994 MFA No. 4480 of 2026

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CNR: KAHC010406322026

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 18^TH DAY OF SEPTEMBER, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR MISCELLANEOUS FIRST APPEAL No. 4480 OF 2026

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(MV-I)

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BETWEEN:

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SRI RIYAZ S/O MOHAMMED ALI AGED ABOUT 36 YEARS RESIDIGN AT OPP: KANNAD SCHOOL ADISHAKTHINAGARA CHIKKAMAGALURU – 577 101.

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…APPELLANT

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(BY SRI. VENKATE GOWDA K, ADVOCATE)

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AND:

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Digitally signed AND: by PADMASHREE 1. SRI GIRIDHARA N SHEKHAR S/O NAGARAJAIAH DESAI AGED ABOUT 32 YEARS Location: HIGH RESIDING AT No. 3 COURT OF ’ANUGRAHA’, 1^ST CROSS KARNATAKA 1^ST MAIN, NEAR HIRANANDHANI APARTMENT AKSHAYANAGARA EAST BENGALURU SOUTH - 560 068.

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THE KOTAK MAHINDRA GENERAL

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INSURANCE COMPANYLTD BY ITS MANAGER

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1^ST FLOOR SHUBASRI PRIDE

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NC: 2026:KHC:50994 MFA No. 4480 of 2026

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HC-KAR

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CNR: KAHC010406322026

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No. 41, SOUTH END ROAD BHARATHI NURSING HOME BASAVANAGUDI BENGALURU -560 008.

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…RESPONDENTS

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(BY SRI B C SHIVANNEGOWDA, ADVOCATE FOR R2 V/O DTD. 18.8.2026, NOTICE TO R1 IS D/W)

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THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT, AGAINST THE JUDGMENT AND AWARD DATED:25.04.2026 PASSED IN MVC No.4203/2025 ON THE FILE OF THE MEMBER, MACT, XIX ADDITIONAL JUDGE, COURT OF SMALL CAUSES AND ACJM, BENGALURU, SCCH-17, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL JUDGMENT

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This appeal is filed by the appellant -claimant seeking enhancement of compensation awarded in judgment and award dated 25.04.2026 passed in MVC No.4203/2025 by the IXI Additional Judge, Court of Small Causes and MACT,

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Bengaluru (SCCH-17).

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Even though the appeal is listed today for admission, it is taken up for disposal with the consent of

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3 - NC: 2026:KHC:50994 MFA No. 4480 of 2026

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HC-KAR

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CNR: KAHC010406322026

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learned counsel for appellant and learned counsel for respondent No.2 –insurer.

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The appellant made a claim petition praying to award compensation for the injuries sustained by him in a road traffic accident occurred on 02.05.2024 contending that the accident occurred due to rash and negligent driving of the driver of Car bearing registration No.KA05/NJ-5413. The Tribunal after recording the evidence of he parties, appreciating the evidence assessed the compensation and awarded compensation under various heads as under:

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a.	Towards pain and agony	Rs.50,000/-
b.	Towards medical expenses	Rs.1,88,100/-
c	Towards loss of income during laid up period	Rs.82,500/-
d	Towards disability	Rs.6,53,400/-
e	Towards food and nourishment	Rs.35,000/-
f	Towards attendant charges	Rs.43,000/-
g	Towards loss of amenities	Rs.35,000/-
h	Towards future medical expenses	Rs.55,000/-
i	Towards conveyance and Ambulance charges	Rs.14,000/-
	Total	Rs.11,56,000/-

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HC-KAR

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NC: 2026:KHC:50994 MFA No. 4480 of 2026

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CNR: KAHC010406322026

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The Tribunal also awarded interest at the rate of 6% per annum 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.

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Heard learned counsel for the appellant and

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learned counsel for respondent No.2 –insurer.

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Learned counsel for appellant would contend

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that the accident has taken place in the year 2024 and notional income fixed for the said year is Rs.17,000/- and it is to be taken as against Rs.16,500/- as taken by the Tribunal. He further submits that even though the disability taken by the Tribunal at 22%, the Tribunal has not added future prospectus at 40%. He submits that the Tribunal has rightly applied multiplier ‘15’.

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7. The accident occurred on 02.05.2024 and as on

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the date of accident, the claimant was aged 39 years.

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5 - NC: 2026:KHC:50994 MFA No. 4480 of 2026

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HC-KAR

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CNR: KAHC010406322026

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Considering the said age, the Tribunal has rightly applied multiplier ‘15’. The Tribunal considering the evidence of the doctor has rightly taken disability at 22%. Even though the disability is taken at 22%, the Tribunal has not added future prospectus. Since the claimant is aged 39 years, future prospectus are to be added at 40%. The notional income fixed for the year 2024 is Rs.17,000/- per month by Karnataka State Legal Service Authority and the said income is to be taken as against Rs.16,500/- as taken by the Tribunal. In view of the above, the loss of future income due to disability is calculated as under:

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Rs.17,000/- + 40% = Rs.23,800/- x12x15x22% = Rs.9,42,480/-.

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7. The claimant is entitled to enhancement compensation under head of loss of income due to disability in a sum of Rs.2,89,080/- (Rs.9,42,480/- less Rs.6,53,400/-). The claimant is not seeking enhancement of compensation awarded by the Tribunal under other

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6 - NC: 2026:KHC:50994 MFA No. 4480 of 2026

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HC-KAR

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CNR: KAHC010406322026

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heads. In view of the above, the claimant is entitled to enhanced compensation of Rs.2,89,080/- with interest at the rate of 6% per annum from the date of petition till realization. Respondent No.2 -insurer is liable to pay the said enhanced compensation with interest before the Tribunal.

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8. In view of the above, the following

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ORDER

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i) The appeal is allowed in part.

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ii) The appellant -claimant is entitled to enhanced

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compensation of Rs.2,89,080/- with interest at the rate of 6% per annum from the date of petition till realisation.

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iii) Respondent No.2 -insurer shall deposit the enhanced compensation with interest before the Tribunal within a period of 06 weeks from this day.

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NC: 2026:KHC:50994 MFA No. 4480 of 2026

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HC-KAR

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CNR: KAHC010406322026

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iv) The appellant –claimant is entitled to release of

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entire enhanced compensation amount.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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DSP List No.: 2 Sl No.: 4 Ct.sm

Sri Riyaz v. Sri Giridhara N

Case brief

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Sri Riyaz v. Sri Giridhara N

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