- 1 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO. 6639 OF 2024 (MV-I) C/W MISCELLANEOUS FIRST APPEAL NO. 3507 OF 2025 (MV-I) IN MFA No. 6639/2024 BETWEEN: RELIANCE GENERAL INSURANCE COMPANY LIMITED RGIC, NO. 28, 5TH FLOOR, EAST WING, CENTENARY BUILDING, M.G. ROAD, BENGALURU - 560 001, REPRESENTED BY MANAGER, LEGAL. …APPELLANT (BY SRI. ASHOK N. PATIL, ADVOCATE) AND: 1. NAGABHUSHANA REDDY S/O. RAMA REDDY, AGED ABOUT 34 YEARS, RESIDING AT HUDUGURU VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 206. 2. KRISHNAPPA S/O. DODDA SIDDAPPA, MAJOR, NO.7, CHIKKA MALLAKERE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 BEVINAHALLI POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 213. …RESPONDENTS (BY SRI. NAGARAJA REDDY D., ADVOCATE FOR R1 VIDE ORDER DATED 16.04.2024 NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2024 PASSED IN MVC NO.2589/2020 ON THE FILE OF THE IV ADDITIONAL SMALL CAUSES JUDGE AND ACJM, COURT OF SMALL CAUSES, MACT, BENGALURU SCCH-6 AWARDING COMPENSATION OF RS.34,72,350/- WITH INTEREST AT 6 PERCENT P.A. FROM THE DATE OF PETITION TILL DEPOSIT. IN MFA NO. 3507/2025 BETWEEN: NAGABHUSHANA REDDY AGED ABOUT 34 YEARS, S/O. RAMA REDDY, R/A. HUDUGURU VILLAGE, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 206. ...APPELLANT (BY SRI. D. NAGARAJA, ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 AND: 1. RELIANCE GENERAL INSURANCE CO. LTD. RGIC, 28, EAST WING 5TH FLOOR, CENTENARY BUILDING, MG ROAD, BENGALURU- 560 001. REPRESENTED BY ITS MANAGER 2. SRI. KRISHNAPPA MAJOR S/O DODDA SIDDAPPA, R/O NO.7, CHIKKA MALLAKERE, BEVINAHALLI POST, GOWRIBIDANUR TALUK, CHIKKABALLAPURA DISTRICT - 561 206. ...RESPONDENTS (BY SRI. ASHOK N. PATIL, ADVOCATE FOR R1 VIDE ORDER DATED 10.09.2025, NOTICE TO RESPONDENT NO.2 IS DISPENSED WITH) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 08.08.2024 PASSED IN MVC NO.2589/2020 ON THE FILE OF THE IV ADDITIONAL SMALL CAUSES JUDGE AND ACJM, COURT OF SMALL CAUSES, BENGALURU (SCCH-6), PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THESE APPEALS, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA - 4 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 ORAL JUDGMENT Heard the arguments on both sides. 2. These appeals are filed against the judgment and award of the Tribunal dated 08.08.2024 passed by IV Additional Small Causes and Additional MACT, Bangalore in MVC No.2589/2020. 3. The brief of the case is that on 02.06.2020 at about 7.30 p.m. when the petitioner was riding his Honda shine motor cycle bearing Reg.No.KA-40-EZ-3441 along with his friend Akasha as his pillion rider on the extreme left side of Bengaluru-Gowribidanur SH-9 road from Bengaluru side, near Allipura Cross, Thondebhavi Hobli, Gowribidanur Taluk, driver of the lorry bearing Reg. No.KA-40-825 came with high speed and in a rash and negligent manner without following any traffic rules and regulations from ACC cement factory side towards SH-9 road and dashed against motor cycle. Due to impact, petitioner and pillion rider were thrown out from the motor cycle and sustained severe head and bodily injuries and petitioner's motor cycle damaged extensively. Immediately petitioner and pillion rider were shifted in 108 ambulance to - 5 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 Gowribidanur Govt. hospital wherein first aid treatment was given and shifted to Bangalore Baptist hospital, Bangalore and admitted him as inpatient on 03.06.2020. The petitioner has stated that he is suffering from disability and discomforts and spent huge money for his treatment. 4. The injured claimant, who is aged 30 years has met with an accident on 02.06.2020 and filed a claim petition claiming compensation of Rs.45,00,000/-. The Tribunal after considering the entire evidence on record, awarded the compensation of Rs.34,72,338/- along with interest at the rate of 6% per annum from the date of petition till the date of deposit. 5. Aggrieved by the said judgment and award of the Tribunal, the Insurance Company has preferred an appeal in MFA No.6639/2024 and mainly contented that the Tribunal has awarded excessive compensation. It is further contended that the insured has not complied with the provisions of 158(6) of the Motor Vehicles Act and that the lorry was not involved in the alleged accident. It is also urged that there is no evidence regarding negligence on the part of the driver of the lorry and - 6 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 that the claimant himself contributed to the accident to the extent of 50%, as he was not wearing a helmet and did not posses a valid driving licence. 6. It is further contended that the claimant was working as a Generator Mechanic at Sine Wave Generators Pvt. Ltd., Bengaluru, and has failed to produce any bank statement to substantiate his alleged monthly income of Rs.23,900/-, nor has he filed any Income Tax Returns. Despite the same, the Tribunal has erroneously taken his monthly income at Rs.23,900/- without deducting professional tax. The Tribunal has granted more compensation under the head of pain and suffering, loss of income during laid-up period, loss of future amenities and medical expenses. Therefore, the Insurance Company prays for reduction of the compensation awarded by the Tribunal. 7. The injured claimant has also filed MFA No. 3507/2025 for enhancement of compensation against the same judgment and award. It is contended that after the accident, the claimant remained hospitalized as an inpatient for a total period of 196 days. During the course of treatment, he - 7 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 underwent surgery, namely open reduction performed at the diaphyseal fracture site due to maluniting fracture and closed reduction achieved under Orthopaedic department. 8. It is further stated that claimant was aged 30 years at the time of the accident and was working as a Generator Mechanic in Sine Wave Generator Pvt. Ltd., earning Rs.30,000/- per month. PW.2-Doctor assessed the whole-body physical disability at 18%, mental disability at 10% and total permanent disability at 26%. However, the Tribunal has erred in considering the permanent disability at only 15%. Hence, he prays for enhancement of the compensation. 9. It is stated that the claimant has produced the salary slip at Ex.P10, which discloses that his gross salary was Rs.23,900/- per month and net pay was Rs.21,979/- per month. The Tribunal after deducting the compulsory deductions, has taken at Rs.23,700/- and it needs no interference. The claimant was aged 30 years and the multiplier applied is '16'. - 8 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 10. As per Ex.P4 - the wound certificate, the claimant sustained the following injuries: "(1) petitioner was unconscious, swelling only, occipital region present, lacerated wound over left temporal region 2 x 2 cm present (2) cm present (2) fracture of right leg present (3) fracture of right little finger present (4) multiple abrasions over right knee and dorsum of both hands present" 11. Exs.P7 to P9 are three discharge summaries, which disclose that the claimant was admitted in the hospital for a total period of 196 days and that he underwent surgery, namely, open reduction at the diaphyseal fracture site due to a malunited fracture, and closed reduction was achieved under the Orthopaedic Department. 12. PW2-Doctor stated that the claimant sustained head injury, facial bone fracture, fracture neck of right femur, type I open fracture femur shaft, right patella fracture, right tibia fracture, dislocation of the 5th metacarpal with right - 9 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 hemiparesis. He further stated that the claimant was treated under ICU care and medications for the head injury and open reduction and internal fixation with recon nail on 24.06.2020 and fracture of the right tibia was treated conservatively and discharged on 23.07.2020. 13. It is further stated that the claimant was again admitted to another hospital for physiotherapy from 16.10.2020 to 26.12.2020. PW.2 further stated that the claimant now complains of weakness in right side of the body, unable to walk independently, need support and assistance. The petitioner walks with walker restricted right hip and knee movements, wasting of the right lower limb muscles. PW.2 assessed whole body whole-body physical disability at 18%, mental disability at 10% and total permanent disability at 26%. However, the Tribunal has considered the disability at only 15%. 14. The date of birth of the claimant is 08.06.1989 and the date of the accident is 02.06.2021. As such, the claimant was aged 30 years, 11 months, and 24 days at the time of the accident and was about to complete 31 years within a short - 10 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 span and thus, the multiplier is to be taken as '16'. Therefore, this Court finds it reasonable to take the functional disability at '20%'. The learned counsel for the appellant contended that the age of the claimant ought to be taken as 30 years and the appropriate multiplier as ‘17’. However, this Court finds it just and proper to take the age of the claimant as 31 years and apply the multiplier of ‘16’. Accordingly, the 'loss of future earning capacity' is comes to Rs.23,700/- × 12 × 16 × 20%=Rs.9,10,080/-. This Court further finds that the compensation awarded by the Tribunal under the other heads is reasonable and needs no interference. 15. Thus in all, the claimants are entitled for the following compensation:- Sl. No. Particulars Amount (In Rs.) 1. Loss of future earning capacity (23,700 x 12 x 16 x 20%) 9,10,080/- 2 Pain and suffering 2,00,000 3. Loss of income during laid up period 2,37,000 4. Attendant charges, transportation and nourishment 1,50,000 - 11 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 5. Loss of amenities, medical expenses 1,00,000 6. Medical expenses 20,42,778 7. Future Medical Expenses 60,000 Total 37,00,000/- (36,99,858/-) 16. The Tribunal has awarded the compensation of Rs.34,72,338/- but the claimants are entitled to total compensation of Rs.37,00,000/-. Therefore the claimants are entitled to enhanced compensation of Rs.2,27,662/- (Rs.37,00,000/- - Rs.34,72,338/-). 17. Accordingly, I proceed to pass the following: ORDER i. MFA No. 3507/2025 is allowed-in-part. ii. The Insurance company/respondent No.1 having already deposited a sum of Rs.25,00,000/- before the Tribunal, is directed to deposit the balance compensation amount along with interest at the rate of 6% per annum within one month from the date of this judgment. - 12 - HC-KAR NC: 2026:KHC:7118 MFA No. 6639 of 2024 C/W MFA No. 3507 of 2025 iii. On such deposit, the claimant is permitted to withdraw entire amount along with interest accrued on it. iv. Draw award accordingly. v. The disability is assessed at 20%, as it affects the claimant’s ability to attend to his day-to-day activities. Accordingly, MFA No.6639/2024 filed by the insurance company stands dismissed. Sd/- (P SREE SUDHA) JUDGE SMC List No.: 1 Sl No.: 92