SRI GANESH KARANIKA vs M/S GANPACT INDIA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 7124 OF 2025
(MV-I)
BETWEEN:
SRI GANESH KARANIKA
S/O GURUPRASANNA KARANIKA
AGED ABOUT 34 YEARS
R/O No.1-6, DEVASTHANA BETTU
ULLOOR-74
KUNDAPURA TALUK-576 201.
…APPELLANT
(BY SRI NAGARAJA H R, ADVOCATE)
AND:
1. M/s. GANPACT INDIA
DLF IT PARK TOWER
TH TH
17 - 18 FLOOR
8 MAJOR ARTERIAL ROAD
RAJARHAT, NEW TOWN
KOLKATTA-700 135.
2. ORIENTAL INSURANCE CO. LTD.,
BRANCH OFFICE:
ST
KUNDAPURA, 1 FLOOR
MASTHI TOWER
MASTHIKATTE MAIN ROAD
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
KUNDAPURA TALUK-576 201.
REP. BY ITS BRANCH OFFICER.
…RESPONDENTS
(BY SMT. MALATHI T N, ADVOCATE FOR R2
V/O DTD. 23.09.2025, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:01.04.2025
PASSED IN MVC No.153/2019 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND ADDITIONAL MAT, KUNDAPURA, 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 SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the appellant -claimant seeking
enhancement of compensation awarded in judgment and
award dated 01.04.2025 passed in MVC No.153/2019 by
Senior Civil Judge and Additional MACT, Kundapura.
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
learned counsel for appellant and learned counsel for
respondent No.2.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 17.12.2017 due to rash
and negligent driving of the driver of car bearing
registration No.WB-26/K-41781. The Tribunal after
recording the evidence of the parties, appreciating the
evidence assessed the compensation and awarded
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Loss of income due to ----
disability
02. Loss of income during laid 1,95,000/-
up period
03. Towards pain and suffering 25,000/-
04. Towards medical expenses 1,16,722/-
05. Towards loss of amenities 1,00,000/-
and disability suffered
06 Towards conveyance, diet 25,000/-
and attendants charges
Total 4,61,722/-
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimant seeking
enhancement of compensation has filed the present
appeal.
5. Heard learned counsel for the appellant and
learned counsel for respondent No.2 –insurer.
6. The accident occurred on 17.12.2017 and as on
the date of accident the claimant was aged 26 years and
working in BESCOM. Even though there is disability as
stated by the doctor –P.W . 4, the Tribunal has not awarded
loss of future income due to disability on the ground that
there is no deduction of income of the claimant due to the
injuries and disability sustained. The said finding of the
Tribunal is proper.
7. The claimant has sustained the following
injuries:
i. Anterior wedge compression fracture L3vertebra
ii. Grade I anterolisthesis of L6 over L7
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
iii. Minimally displaced fracture C7 vertebra
Considering the said injuries sustained, the
compensation awarded by the Tribunal towards the pain
and suffering in a sum of Rs.25,000/- is enhanced to
Rs.1,00,000/-. Considering the said injuries, the
compensation awarded by the Tribunal towards loss of
amenities in a sum of Rs.1,00,000/- is just and proper.
The claimant has been admitted in the hospital for 42 days
and therefore, he is entitled to attendant, conveyance
charges, food and nourishment etc., a sum of Rs.42,000/-
(Rs.1,000/- x 42 days) as against Rs.25,000/- awarded
by the Tribunal. The Tribunal based on the bills has rightly
awarded medical expenses of Rs.1,16,722/-.
8. The claimant was working in as Assistant
Engineer in BESCOM and Ex.P60 is the salary certificate
for August -2018 and the accident occurred on
17.12.2017. The income of the claimant for November to
March has to be taken into consideration for awarding for
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
loss of income during laid up period. Therefore, the salary
shown in Ex.P60 is a sum of Rs.82,447/- (gross) and
Rs.64,912/- (net) cannot be taken since it is for the month
of August -2018. Therefore, salary of Rs.65,000/- per
month is taken.
9. As per Ex.P61 the claimant has availed 76 + 5
days earned leave and 117 days of leave without pay.
Therefore, the claimant has availed total leave of 198 days
and income for the said period is required to be awarded
towards loss of income during laid up period. As the salary
is taken at Rs.65,000/- per month, the daily income comes
to Rs.2,167/-. Therefore, the loss of income during laid up
period is Rs.4,29,066/- (Rs.2,167/- x 198 days).
10. In view of the above, the claimant is entitled to
total compensation under various heads under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 1,00,000/-
02. Towards Medical Expenses 1,16,722/-
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
42,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
04. Towards loss of amenities 1,00,000/-
05. Toward loss of income 4,29,066
during laid up period
Total 7,87,788/-
The claimant is entitled to total compensation of
Rs.7,87,788/- as against Rs.4,61,722/- as awarded by the
Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.3,26,066/- with
interest at the rate of 6% per annum from the date of
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with interest.
11. In view of the above, the following
ORDER
i) The appeal is allowed in part.
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.3,26,066/- with interest at the
rate of 6% per annum from the date of petition till
realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58053
MFA No. 7124 of 2025
CNR: KAHC010627642025
iii) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before the
Tribunal within a period of 06 weeks from this
day.
iv) The appellant is entitled to release of entire
enhanced compensation amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 35
Ct.sm