Mr. Abbubakkar Siddiq @ Abbubakkar Vs Sri. Y. C. Nataraj

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NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF APRIL, 2026 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.9831/2018 (MV-I)

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BETWEEN:

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MR. ABBUBAKKAR SIDDIQ @ ABBUBAKKAR S/O ISMAIL AGED 24 YEARS OCC: BUTCHER AT MUTTON SHOP R/AT NO.274, NEAR FATHIMA SCHOOL N.S.PALYA, VIDYARANYAPURA Digitally signed BENGALURU-560097. by RUPA V Location: HIGH COURT OF KARNATAKA

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…APPELLANT

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(BY SRI. SURESH M. LATUR, ADV.,)

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AND:

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SRI. Y.C. NATARAJ S/O CHENNA KESHAV SURABHI LAYOUT, YELAHANKA BENGALURU-560064.

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THE MANAGER ICICI LOMBARD GENERAL INSURANCE COMPANY LTD., NO.89, HOSUR MAIN ROAD 2ND FLOOR, S.V.R. COMPLEX MADIVALA, KORMANGALA BENGALURU-560062.

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…RESPONDENTS

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(BY SRI. B. PRADEEP, ADV., FOR R2 R1 SERVICE OF NOTICE IS D/W)

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2 - NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED:06.10.2018 PASSED IN MVC NO.7411/2016 ON THE FILE OF THE XXI ADDITIONAL SMALL CAUSES JUDGE, MEMBER, MACT, BENGALURU (SCCH-23), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

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ORAL JUDGMENT

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This appeal is filed by the injured/claimant seeking enhancement of compensation being aggrieved by the judgment and award dated 06.10.2018 passed in MVC.No.7411/2016 by the XXI Additional Small Causes Judge & XIX ACMM, and Member, MACT, Bengaluru, (SCCH-23) (for short, ‘ Tribunal’ ).

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Heard Sri.Suresh M.Latur, learned counsel for the appellant and Sri.B.Pradeep, learned counsel for the respondent-Insurance Company.

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NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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This appeal by the appellant-injured seeking for higher compensation mainly on the ground that the Tribunal has not awarded any compensation under the head of loss of future earning due to disability. It is contended that the award of compensation under all other heads is also on the lower side. It is to be noticed that the appellant met with a road accident on 15.09.2016 and he was inpatient in the hospital from 16.09.2016 to 28.10.2016, which would be around 42 days. A perusal of the evidence of PW1, PW2 and wound certificate and discharge summary, it is noticed that the appellant has sustained following fractures:

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" i. LW over the right leg 25 x 10 cm. with muscles, tendons, bones exposed.

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ii. Minor abrasions over left thigh, abdomen, right iliac region.

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X-ray shows fracture of middle 1/3^rd shaft of both bones of right leg."

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Considering the aforesaid fractures and the disability assessed by PW2 Doctor, I am of the considered

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NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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view that the compensation is required to be reassessed

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by reassessing the income as well as the disability.

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Insofar as the income of the appellant is

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concerned, the appellant has not produced any cogent or acceptable evidence before the Tribunal to prove the income. Hence his income is notionally assessed at Rs.9,500/- per month placing reliance on the notional income chart prepared by KSLSA. The perusal of the evidence of PW2 indicates that he has assessed the disability at 23.6% to the whole body. However, the said evidence of the doctor cannot be accepted as it is in the absence of detailed material particulars as to how he has arrived to such a conclusion. Hence, considering the nature of injury suffered and keeping in mind that the appellant has sustained two fractures, I am of the view that the ends of justice would be met if the disability is assessed at 18% to the whole body. The appellant was aged about 19 years as on the date of accident, hence, the appropriate multiplier would be 18. Hence, the appellant is

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NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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entitled to compensation under the head of loss of future

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income due to disability as under:

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Rs.9,500 X 12 X 18 X 18% = Rs.3,69,360/-.

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Having reassessed the income and disability

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and taking note of the oral and documentary evidence available on record, I am of the considered view that the compensation under the other heads is also required to be reassessed appropriately. Hence, the appellant would be entitled to compensation of Rs.65,000/- towards pain & suffering; Rs.45,000/- towards loss of amenities in life and Rs.38,000/- (Rs.9,500 X 4) towards the loss of income during laid-up period. The compensation awarded by the Tribunal towards future medical expenses, medical expenses and food, nourishment, conveyance and attendant charges is unaltered.

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Thus, the appellant would be entitled to modified compensation as under:

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HC-KAR

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HEADS	AMOUNT (in Rs.)
Pain & suffering	65,000
Future medical expenses	25,000
Loss of amenities in life	45,000
Loss of income during laid up period	38,000
Medical expenses	19,369
Food, nourishment, conveyance and attendant charges	30,000
Loss of future income due to disability	3,69,360
Total	5,91,729

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Thus, the appellant-claimant shall be entitled to a

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total compensation of Rs.5,91,729/- as against Rs.1,80,369/- awarded by the Tribunal.

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In the result, this Court proceeds to pass the

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following:

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ORDER

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a) Appeal is allowed in part .

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b) The impugned judgment and award of the Tribunal is modified to an extent that the appellant-claimant would be entitled to a

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total compensation of Rs.5,91,729/- as

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NC: 2026:KHC:22938 M.F.A. No.9831/2018

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HC-KAR

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against Rs.1,80,369/- awarded by the Tribunal.

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c) The enhanced compensation amount shall carry interest at the rate of 6% per annum from the date of petition till the date of payment.

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d) The Insurance Company shall deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of six weeks from the date of receipt of certified copy of this judgment.

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e) The entire compensation amount shall be released in favour of the appellantclaimant.

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f) Draw modified award accordingly.

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Sd/(VIJAYKUMAR A. PATIL) JUDGE

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BSR/List No.: 1 Sl No.: 22

Mr. Abbubakkar Siddiq @ Abbubakkar v. Sri. Y. C. Nataraj

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Mr. Abbubakkar Siddiq @ Abbubakkar v. Sri. Y. C. Nataraj

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