A.SATHISHA vs ABHISHEK B A
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 2878 OF 2025
(MV-I)
BETWEEN:
A SATHISHA
S/O. ANNEGOWDA
AGED ABOUT 52 YEARS
R/O. AKKALAVADI VILLAGE
KONANURU HOBLI
ARAKALAGUDU TALUK
HASSAN DISTRICT-573 102.
…APPELLANT
(BY SRI. VIJAY KUMAR T, ADVOCATE)
AND:
1. ABHISHEK B A
S/O. ANANDA
MAJOR IN AGE
R/O. BIDAREKERE VILLAGE
JODITHATTEKERE POST
KASABA HOBLI
HASSAN TALUK-573 201.
2. THE MANAGER
SHRIRAM GENERAL INSURANCE CO. LTD.,
RD
No.45, 3 FLOOR, S.V. ARCADE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
BELAKALLI MAIN ROAD
OPP. B.G. ROAD, I.I.M. POST,
BENGALURU-560 076.
…RESPONDENTS
(BY SRI B PRADEEP, ADVOCATE FOR R2
V/O DTD. 10.09.2026, NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:11.03.2025
PASSED IN MVC No.1496/2022 ON THE FILE OF THE SENIOR
CIVIL JUDGE AND MEMBER, MACT, ARAKALAGUD, 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 11.03.2025 passed in MVC No.1496/2022 by
the Senior Civil Judge and Member, MACT, Arakalagud.
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellant and learned counsel for
respondent No.2/insurer.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 25.03.2022 contending
that the accident occurred due to rash and negligent
driving of the driver of Tipper Lorry bearing Regn.No.KA-
41/8339. 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. Pain, shock and agony 80,000/-
02. Medical expenses 7,41,400/-
03. Food, diet, attendant,
nourishment, conveyance and
other incidental expenses
60,000/-
04. Future medical expenses 1,10,000/-
05. Loss of income during 66,000/-
treatment period
06. Loss of future income due to 5,66,280/-
permanent disability
07. Disappointment, discomfort and 20,000/-
loss of amenities
Total 16,43,680/-
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
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 25.03.2022 and as on
the date of accident claimant was aged 53 years.
Considering the age of the claimant, the Tribunal has
rightly applied multiplier ‘11’. The notional income fixed
for the year 2022 by the Karnataka State Legal Services
Authority is Rs.15,500/- p.m. and the same is to be taken
as against Rs.11,000/- taken by the Tribunal.
7. The claimant has sustained the following injuries:
•
Head injury
•
Chest injury
•
Abdomen injury
•
Pelvic injury
•
Segmental fracture femur right with deglowing
injury thigh
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
•
Brachial plexus injury right with fracture right
wrist and
•
Spine injury with fracture 12 vertebra
8. Considering the said injuries, the compensation
awarded by the Tribunal towards pain and suffering in a
sum of Rs.80,000/- is enhanced to Rs.1,20,000/- and loss
of amenities in a sum of Rs.20,000/- is enhanced to
Rs.1,00,000/-. The Tribunal has awarded loss of income
during laid up period taking the income at Rs.11,000/-
p.m. As now the income taken is Rs.15,500/- p.m. the
claimant is entitled to loss of income during laid up period
in a sum of Rs.93,000/- (Rs.15,500 x 6 months) as
against Rs.66,000/- awarded by the Tribunal.
9. The Tribunal based on the evidence of Doctor has
rightly awarded future medical expenses of Rs.1,10,000/-.
10. CW.1 – Doctor who has examined the claimant
and assessed the disability has stated that claimant has
sustained 35% disability to the right lower limb and 75%
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
to the right upper limb and 6% of compression fracture
spine L2 vertebra. Considering the said disability stated
by the Doctor, the Tribunal has rightly taken disability at
39%. But the Tribunal has not added future prospects.
Therefore, future prospects are to be added at 10% since
the claimant is aged 53 years. In view of the above the
loss of future income due to disability is calculated as
under:
Rs.15,500 x 12 x 11 x 39% + 10% = Rs.8,77,734/-
11. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 1,20,000/-
02. Loss of amenities 1,00,000/-
03. Loss of income during laid up 93,000/-
period
04. Medical expenses 7,41,400/-
05. Attendant, conveyance, food and 60,000/-
nourishment
06. Future medical expenses 1,10,000/-
07. Loss of future income due to 8,77,734/-
disability
Total 21,02,134/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
12. Considering the above aspects, the claimant is
entitled to total compensation of Rs.21,02,134/- as
against Rs.16,43,680/- awarded by the Tribunal with
interest. Consequently, the claimant is entitled to
enhanced compensation of Rs.4,58,454/- with interest @
6% p.a. from the date of petition till realization.
Respondent No.2/insurer is liable to pay the said enhanced
compensation with interest.
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.4,58,454/-
with interest @ 6% p.a. from the date of
petition till realization.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60832
MFA No. 2878 of 2025
CNR: KAHC010261852025
iv) Out of the enhanced compensation, 50%
shall be released to the claimant and
remaining 50% shall be kept in fixed deposit
with Nationalised/Scheduled Bank in the
name of claimant for a period of three years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 28
Ct.sm