National Insurance Co. Ordered to Pay Rs.55,800

Authority: High Court of Karnataka at Bengaluru

Order Date: 15 July 2026

Parties: Appellant Mr. Anzath Pasha (resident of Madikehalli, Tumakuru) vs Respondents Mr. Ganesh K R and National Insurance Company Ltd (insurer).
The dispute stems from a road traffic accident on 30 November 2023 involving a two‑wheeler (Reg. No. KA‑06/HG‑1157) that caused injuries to the appellant.
The Motor Accident Claims Tribunal (MVC No.8671/2023) awarded compensation totaling Rs.3,43,668, broken down as:

1. Loss of future income – Rs.1,39,500

2. Medical expenses – Rs.77,568

3. Pain and suffering – Rs.40,000

4. Attendant charges – Rs.7,000

5. Food and nourishment – Rs.5,600

6. Conveyance expenses – Rs.3,000

7. Loss of income during treatment period – Rs.31,000

8. Loss of amenities – Rs.20,000

9. Future medical expenses – Rs.20,000

The Tribunal also awarded interest at 6% per annum from the petition date, excluding interest on future medical expenses.
The appellant appealed for enhancement, arguing that the medical expert (P.W.2) assessed a 20% disability of the left upper limb, which translates to a 7% whole‑body disability (1/3 of 20%), whereas the Tribunal used only 5%.
The appellant further contended that amounts for pain and suffering, loss of amenities, and loss of income during the lay‑off period were undervalued.

The Court accepted the expert’s assessment of 7% whole‑body disability and recalculated loss of future income using a notional income of Rs.15,500, a multiplier of 15, and the 7% disability rate, arriving at Rs.1,95,300.
The original loss of future income award of Rs.1,39,500 was therefore increased by Rs.55,800.
The Court found the other heads of compensation (attendant charges, food, conveyance, loss of income during treatment, pain and suffering, loss of amenities, future medical expenses) to be just and proper; no enhancement was ordered on those items.
Interest on the enhanced amount is set at 6% per annum from the date of filing the petition, but the appellant is not entitled to interest for the 209‑day delay in filing the appeal.

The appeal is allowed in part.
The claimant is entitled to enhanced compensation of Rs.55,800 with 6% interest from the petition date until realization.
National Insurance Company Ltd must deposit the enhanced sum within six weeks of this order; failure to do so will attract 9% interest per annum from the date of default.
The claimant may obtain release of the entire enhanced compensation.

Topics: Compensation; Motor Accident Claims; Insurance