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Karnataka High Court
Sri Raj Mohammed vs Karnataka Government Insurance ... on 16 February, 2026
-1-
NC: 2026:KHC:9292
MFA No. 9555 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
MISCELLANEOUS FIRST APPEAL NO. 9555 OF 2017 (MV-I)
BETWEEN:
SRI. RAJ MOHAMMED,
S/O SHEIK DOULATH,
AGED ABOUT 61 YEARS,
RESIDING AT NO.6,
2ND FLOOR, BLOCK NO.15,
KAVERI SANKEERNA,
6TH BLOCK,
ADUGODI POLICE QUARTERS,
ADUGODI,
BANGALORE - 560 030.
...APPELLANT
(BY SRI. GOPAL KRISHNA N., ADVOCATE)
Digitally
Signed by
AND:
REKHA R
Location :
High Court 1. KARNATAKA GOVERNMENT
of Karnataka
INSURANCE DEPARTMENT,
KGID, VISHWESHWARAIH TOWER,
OPP: COFFEE BOARD,
DR. AMBEDKAR VEEDI,
BANGALORE - 560 001,
REP: BY ITS DIRECTOR.
2. POLICE INSPECTOR,
MOTOR VEHICLE DEPARTMENT,
STATE INTELLIGENCE,
NRUPATHUNGA ROAD,
-2-
NC: 2026:KHC:9292
MFA No. 9555 of 2017
HC-KAR
CENTENARY BUILDING,
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. ARUN G S., HCGP FOR R1 & R2)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
1988, AGAINST THE JUDGMENT AND AWARD DATED
10.03.2016 PASSED IN MVC NO.4779/2015 ON THE FILE OF
THE XXII ADDL. SMALL CAUSES JUDGE AND XX A.C.M.M. AND
MEMBER M.A.C.T., BENGALURU, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
ORAL JUDGMENT
This appeal is by the claimant seeking for
enhancement of compensation, arising out of judgment
and award dated 10.03.2016, in MVC.No.4779/2015
passed by XXII Additional Small Causes Judge and
XX Additional Chief Metropolitan Magistrate and Motor
Accidents Claim Tribunal, Bengaluru (SCCH-24) ('Tribunal'
for short).
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HC-KAR
2. The parties are referred to as per their rankings
before the Tribunal.
3. The date of accident, involvement of the
vehicle, injuries sustained and the liability to pay
compensation are not in dispute. The only dispute is with
respect to quantum of compensation.
4. In an accident occurred on 07.04.2014, the
claimant-appellant sustained injury that is, (i) right
proximal tibia closed displaced; (ii) fracture with intra-
articular extension. As per the medical evidence of PW-2-
Doctor, the claimant has sustained disability to the extent
of 14.5% to the whole body. He was treated as an
inpatient for 4 days. The appellant was working as Reserve
Police Sub Inspector in State Intelligence and subsequent
to the accident he retired from service. As per the
evidence placed by the Government, now he is working as
a security supervisor at Bengaluru Metro Rail Corporation
Limited (BMRCL), which is admitted by the appellant. The
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Tribunal after going through the entire record placed
before it, awarded compensation in a sum of
Rs.1,54,513/- along with interest at the rate of 8% per
annum from the date of petition till realization as against
Rs.15,00,000/- claimed by the claimant.
5. Heard Sri Gopal Krishna.N, learned counsel
appearing for the appellant and Sri.Arun G.S, learned High
Court Government Pleader for respondent Nos.1 and 2.
Perused the entire appeal papers along with trial court
record.
6. It is not in dispute that the appellant
immediately after accident retired from service and now is
working in BMRCL and this fact has also been admitted by
PW-1 in his cross-examination. As such the claimant is not
entitled for any compensation under the head 'loss of
future income'. But at the same time, it cannot be lost
sight that he has suffered injury to the right tibia, resulting
in 14.5% disability to the whole body. Considering the fact
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that he was inpatient for 4 days and underwent surgery
for implants and require another operation for removal of
implants inserted, the compensation awarded by the
Tribunal requires reconsideration. Accordingly, this Court
proceeds to reassess the compensation awarded by the
Tribunal as under:
Sl. Heads Compensation By this Court
No. awarded by In Rs.
the Tribunal
In Rs.
1. Pain and suffering 10,000-00 60,000-00
2. Medical expenses 99,513-00 99,513-00
3. Food and Nourishment 15,000-00 25,000-00
expenses, conveyance
and attendant charges
4. Future medical expenses 10,000-00 30,000-00
5. Loss of amenities of life 20,000-00 50,000-00
TOTAL 1,54,513-00 2,64,513-00
7. On re-assessment, the claimant is entitled for
re-assessed compensation of Rs.2,64,513/- as against
Rs.1,54,513/- awarded by the Tribunal. Accordingly, there
shall be enhancement of Rs.1,10,000/-, which shall carry
interest at the rate of 6% per annum from the date of
petition till realization.
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8. For the foregoing reasons, this Court proceeds
to pass the following:
ORDER
i) The appeal is allowed-in-part;
ii) The judgment and award dated 10.03.2016
in MVC No.4779/2015 passed by XXII
Additional Small Causes Judge and XX
Additional Chief Metropolitan Magistrate
and Member MACT, Bengaluru (SCCH-24)
is modified and further enhanced to
Rs.1,10,000/-;
iii) Respondent Nos.1 and 2 shall deposit the
entire enhanced compensation amount of
Rs.1,10,000/- along with interest at 6%
per annum from the date of petition till
realization within six weeks from the date
of receipt of a copy of this order.
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iv) Upon deposit, entire compensation amount
shall be released in favour of the claimant
on proper identification.
v) The trial Court record shall be transmitted
forthwith to the concerned Tribunal without
causing any delay.
Sd/-
(T.M.NADAF)
JUDGE
RR
List No.: 1 Sl No.: 6
ct-vn
