- 1 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 4456 OF 2024 (MV-I) BETWEEN: SALMAN KHAN S/O RASHID @ RASHID KHAN AGED ABOUT 29 YEARS R/AT NO. 91, MEHELIAYA MOHALLA, NEAR TALAB WALI MASJID, GHASERA HARAYANA - 122 103 AND ALSO RESIDING AT : MURALIMOHAN GOWDEN, THIPPAGONDANAHALLI, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT. …APPELLANT (BY SRI. RANGEGOWDA N.R, ADVOCATE) AND: 1. RASID S/O ASH MOHD, AGED MAJOR, R/AT VILL SAKRAS, THE PUNHANA DIST. MEWAT, GURGAON, HARYANA STATE - 122 103. 2. THE REGIONAL MANAGER UNITED INDIA INS CO. LTD., 5TH FLOOR, KRUSHI BHAVANA, HUDSON CIRCLE, BANGALORE - 560 001. …RESPONDENTS (BY SRI. K. NAGARAJAIAH, ADVOCATE FOR R2; VIDE ORDER DATED 09.04.2026, NOTICE TO R1 DISPENSED WITH) Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 30.03.2024 PASSED IN MVC NO.6063/2019 ON THE FILE OF THE X ADDITIONAL JUDGE, COURT OF SMALL CAUSES, MEMBER, MACT, BENGALURU SCCH-16, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed against the judgment and award dated 03.02.2024 passed by the Tribunal in MVC 6063 of 2019. 2. The injured claimant/petitioner met with an accident on 28.07.2019 and filed claim petition claiming compensation of 10,50,000/-. Tribunal considered the entire evidence on record and granted amount of ₹5,77,603/- with interest at the rate of 6% per annum from date of petition till realisation. Aggrieved by the said order, the petitioner preferred the appeal and mainly contended that the Tribunal granted meager amounts under various heads and it is to be enhanced. It is further stated that the appellant was working as a driver and - 3 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 earning ₹20,000/- per month but the Tribunal has taken meager income and interest is to be granted at the rate of 9%. 3. Heard the arguments of both sides. 4. The petitioner stated that he was earning ₹20,000/- per month. He has not filed any income proof. As the petitioner met with the accident in the year 2019, Tribunal has rightly considered ₹14,000/- as the notional income as per the chart prepared by Karnataka State Legal Services Authority. The petitioner was aged 20 years and the relevant multiplier is "18". Petitioner examined PW.2- doctor and he assessed the disability of the left lower limb as 44% and that of the whole body as 15%. Therefore, Tribunal has rightly considered 14% disability and granted an amount of ₹4,23,360 towards loss of future earning capacity i.e., 14,000x12x18x14%. Tribunal also granted ₹17,843 towards medical expenses as per Exhibit P.10- discharge card and Exhibit P.11-medical bills. He was - 4 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 admitted in the hospital for a period of 18 days. Considering the nature of injuries and period of hospitalisation and other relevant factors, this Court finds it reasonable to grant an amount of ₹60,000/- towards pain and suffering. Petitioner might not have attended any other work at least for period of 3 months. Therefore, ₹47,000/- is granted towards loss of income during laid up period and towards loss of amenities at ₹30,000/- is to be granted. Towards future medical expenses ₹20,000/- is to be granted. Compensation awarded under the other heads is undisturbed. 5. However, learned counsel for the respondent No.1- Insurance Company has produced the "Lok Adalat Synopsis" in respect of the aforesaid case, wherein in respect of the aforesaid enhancement in compensation to the extent of Rs.72,000/-, an addition of 24% (72,000x24%=17,280) is provided, which comes to Rs.89,280/- (72000+17280), rounded of to Rs.90,000/- as - 5 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 global compensation, to which both the parties have agreed. 6. Hence, the petitioner is entitled to total compensation of ₹6,67,603/-(5,77,603+90,000). The Insurance Company has already deposited the awarded amount before the Tribunal. Therefore, is directed to deposit the enhanced compensation of ₹90,000/- with interest at the rate of 6% within 1 month from the date of this order and on such deposit, the petitioner is permitted to withdraw the entire amount along with interest accrued on it . 7. Further, it is noticed that this is a case of non- possession of driving licence by the rider of the motor cycle involved in the accident, however, policy was in force as on the date of accident. Hence, the Tribunal invoked the principle of pay and recover and directed the Insurance Company to pay the compensation to the petitioner and later he is at liberty to recover from the owner of the motor cycle involved in the accident. Hence, - 6 - HC-KAR NC: 2026:KHC:19850 MFA No. 4456 of 2024 this Court also directs the Insurance Company to pay the global compensation of Rs.90,000/- with accrued interest thereon, as agreed by the parties and later can initiate necessary proceedings for recovery of amount from respondent No.1-owner of the motor cycle. With this observation, the appeal is allowed in part. Sd/- (P SREE SUDHA) JUDGE RS List No.: 1 Sl No.: 4