Full Judgment Text
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 9580 OF 2017 (MV-I)
BETWEEN:
SADASHIVA
S/O LATE MUTTALINGAIAH,
AGED ABOUT 38 YEARS
R/O AVVERAHALLI VILLAGE,
DUDDA HOBLI
MANDYA TALUK AND DISTRICT-571405.
…APPELLANT
(BY SRI. SANATH KUMARA K.M., ADVOCATE)
AND:
1. N.E. BHADREGOWDA
S/O ERAIAH,
NO.1559, 18TH MAIN,
6TH CROSS, MUNESWARA BLOCK,
BANGALORE-560026.
2. THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD.,
NO.1200, 2ND CROSS,
ASHOKNAGAR,
MANDYA-571401.
…RESPONDENTS
(BY SRI. R. JAIPRAKASH, ADVOCATE FOR R-2;
V/O DATED 05.01.2023 NOTICE TO R-1
IS HELD SUFFICIENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16/03/2017 PASSED IN MVC
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
NO.410/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM MANDYA. 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 16.03.2017 passed in MVC
No.410/2013 on the file of the Principal Senior Civil Judge
and CJM Mandya, for enhancing the compensation.
2. Heard the arguments of the learned counsel for
the appellant and respondents. The ranks of the parties
are retained as per tribunal for the sake of convenience.
3. Injured claimant met with an accident on
14.10.2012 and filed claim petition claiming compensation
of Rs.15,70,000/-. Tribunal considered the entire evidence
on record granted an amount of Rs.3,58,500/- with
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
interest on the rate of 6% per annum from the date of
petition till realization.
4. Aggrieved by the said order, he preferred an
appeal and mainly contended that appellant was a driver
and he was having license to drive Heavy Passenger
Vehicle and he is also having a badge and thus earning
Rs.15,000/- per month with batta of Rs. 200 per day. But
the Tribunal has taken his income on lower side. The
doctor assessed the disability as 39% and his functional
disability as 100%. But the Tribunal erred in taking the
same as 10%. Also, the amount granted under the other
heads is meager. Therefore, requested for enhancement of
the compensation. Though it is stated that the petitioner
was earning Rs.15,000/- per month, he has not filed any
income proof. No doubt he was a driver and driving heavy
passenger vehicle but he has not filed any income proof.
As he filed the driving license to show that he was a driver
of heavy passenger vehicle, this court finds it reasonable
to take his income as Rs.7,000/- per month and he was
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MFA No. 9580 of 2017
HC-KAR
aged 34 years and the multiplier taken is 16. As per the
evidence of CW1 orthopedic surgeon, he sustained fracture
of tibia fibular of left leg as well fracture in the right hand
wrist, that he has conducted surgery of the tibia by way of
inter locking nailing and he was discharged on 23.10.2012.
He also stated that rod fixed to the left leg of the
petitioner still in the leg of him and same is yet to be
removed. He was inpatient for 9 days. The doctor
assessed the disability on the part of leg and hand as
rd
39%. Hence, 1/3 of the same comes to 13%. But the
tribunal has taken only 10%. Therefore, the disability is to
be altered as 13%. The loss of future income comes
Rs.7,000 x 12 x 16 x 13% = Rs.1,74,720/-. Tribunal
granted Rs.92,000/- towards medical expenses and it is
confirmed. Considering the nature of injuries, the
occupation of the petitioner, period of hospitalisation and
other relevant factors such as age and other occupation
and other relevant factors, this Court finds it reasonable to
grant compensation of Rs.60,000/- for pain and suffering
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
and Rs.30,000/- for loss of amenities and Rs.30,000/-
for transportation, extra nourishment and attendant
charges. He might not have attended any other work at
least for a period of 5 months. Therefore, Rs.7,000 X 5
months = Rs.35,000/- is to be granted under the head
loss of income during laid up period. Tribunal granted
future medical expenses of Rs.25,000/- and it is
confirmed.
5. Thus in all, components awarded by this court
are as below,
NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 9580 OF 2017 (MV-I)
BETWEEN:
SADASHIVA
S/O LATE MUTTALINGAIAH,
AGED ABOUT 38 YEARS
R/O AVVERAHALLI VILLAGE,
DUDDA HOBLI
MANDYA TALUK AND DISTRICT-571405.
…APPELLANT
(BY SRI. SANATH KUMARA K.M., ADVOCATE)
AND:
1. N.E. BHADREGOWDA
S/O ERAIAH,
NO.1559, 18TH MAIN,
6TH CROSS, MUNESWARA BLOCK,
BANGALORE-560026.
2. THE BRANCH MANAGER
NEW INDIA ASSURANCE CO. LTD.,
NO.1200, 2ND CROSS,
ASHOKNAGAR,
MANDYA-571401.
…RESPONDENTS
(BY SRI. R. JAIPRAKASH, ADVOCATE FOR R-2;
V/O DATED 05.01.2023 NOTICE TO R-1
IS HELD SUFFICIENT)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16/03/2017 PASSED IN MVC
Digitally signed
by
PADMASHREE
SHEKHAR DESAI
Location: High
Court of
Karnataka
- 2 -
NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
NO.410/2013 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL
JUDGE AND CJM MANDYA. 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 16.03.2017 passed in MVC
No.410/2013 on the file of the Principal Senior Civil Judge
and CJM Mandya, for enhancing the compensation.
2. Heard the arguments of the learned counsel for
the appellant and respondents. The ranks of the parties
are retained as per tribunal for the sake of convenience.
3. Injured claimant met with an accident on
14.10.2012 and filed claim petition claiming compensation
of Rs.15,70,000/-. Tribunal considered the entire evidence
on record granted an amount of Rs.3,58,500/- with
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
interest on the rate of 6% per annum from the date of
petition till realization.
4. Aggrieved by the said order, he preferred an
appeal and mainly contended that appellant was a driver
and he was having license to drive Heavy Passenger
Vehicle and he is also having a badge and thus earning
Rs.15,000/- per month with batta of Rs. 200 per day. But
the Tribunal has taken his income on lower side. The
doctor assessed the disability as 39% and his functional
disability as 100%. But the Tribunal erred in taking the
same as 10%. Also, the amount granted under the other
heads is meager. Therefore, requested for enhancement of
the compensation. Though it is stated that the petitioner
was earning Rs.15,000/- per month, he has not filed any
income proof. No doubt he was a driver and driving heavy
passenger vehicle but he has not filed any income proof.
As he filed the driving license to show that he was a driver
of heavy passenger vehicle, this court finds it reasonable
to take his income as Rs.7,000/- per month and he was
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
aged 34 years and the multiplier taken is 16. As per the
evidence of CW1 orthopedic surgeon, he sustained fracture
of tibia fibular of left leg as well fracture in the right hand
wrist, that he has conducted surgery of the tibia by way of
inter locking nailing and he was discharged on 23.10.2012.
He also stated that rod fixed to the left leg of the
petitioner still in the leg of him and same is yet to be
removed. He was inpatient for 9 days. The doctor
assessed the disability on the part of leg and hand as
rd
39%. Hence, 1/3 of the same comes to 13%. But the
tribunal has taken only 10%. Therefore, the disability is to
be altered as 13%. The loss of future income comes
Rs.7,000 x 12 x 16 x 13% = Rs.1,74,720/-. Tribunal
granted Rs.92,000/- towards medical expenses and it is
confirmed. Considering the nature of injuries, the
occupation of the petitioner, period of hospitalisation and
other relevant factors such as age and other occupation
and other relevant factors, this Court finds it reasonable to
grant compensation of Rs.60,000/- for pain and suffering
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
and Rs.30,000/- for loss of amenities and Rs.30,000/-
for transportation, extra nourishment and attendant
charges. He might not have attended any other work at
least for a period of 5 months. Therefore, Rs.7,000 X 5
months = Rs.35,000/- is to be granted under the head
loss of income during laid up period. Tribunal granted
future medical expenses of Rs.25,000/- and it is
confirmed.
5. Thus in all, components awarded by this court
are as below,
| Sl.Nos. | Particulars | Amount<br>in Rs. |
|---|---|---|
| 1 | Loss of future income | 1,74,720 |
| 2 | Medical expenses granted by<br>tribunal | 92,000 |
| 2 | Pain and suffering | 60,000 |
| 3 | Loss of amenities | 30,000 |
| 4 | Transportation, extra<br>nourishment and attendant<br>charges. | 30,000 |
| 5 | Loss of income during laid down<br>period | 35,000 |
| 6 | Future medical expenses | 25,000 |
| Total | 4,46,720 |
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NC: 2026:KHC:7288
MFA No. 9580 of 2017
HC-KAR
Hence, the compensation granted by tribunal is
enhanced from Rs.3,58,500/- to Rs.4,46,720 /- along with
interest at the rate of 6% p.a.
6. In the result, the following order is passed:
ORDER
allowed
i. Appeal is in part.
ii. The judgment and award 16.03.2017
passed in MVC No.410/2013 on the file of
the Principal Senior Civil Judge and CJM
Mandya, is modified.
iii. The claimants are entitled to a sum of
Rs.4,46,720/- along with interest at 6%
p.a., from the date of petition till the date
of realization, instead of Rs.3,58,500/-
granted by the tribunal.
iv. Respondent/Insurance Company has
already deposited the awarded amount
before the tribunal. Therefore,
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MFA No. 9580 of 2017
HC-KAR
respondent/Insurance Company is directed
to deposit the enhanced compensation of
Rs.88,220/- along with the interest at the
rate of 6% within one month from the date
of this order.
v. On such deposit, claimant is permitted to
withdraw the entire amount along with
interest accrued on the same.
vi. On 19.01.2024, the delay of 153 days is
condoned by this Court on the condition
that the claimant will not be entitled for the
interest in case of enhancement. Hence,
respondent/Insurance Company is not
liable to pay the interest for the delayed
period.
Sd/-
(P SREE SUDHA)
JUDGE
AKV, List No.: 1 Sl No.: 56