SRI. DARSHAN J C vs SR. MANJUNATHA KARIYAPPA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61272
MFA No. 4959 of 2025
CNR: KAHC010430072025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 4959 OF 2025
(MV-I)
BETWEEN:
SRI. DARSHAN J C
S/O J.B.CHANDRA KEERTHI
AGED ABOUT 34 YEARS
TH
R/O.No.218, 5 CROSS
SARASWATHI NAGAR,
VIJAYANAGAR, BENGALURU NORTH
BENGALURU-560 040.
…APPELLANT
(BY SRI HARISH N.R, ADVOCATE)
AND:
1. SRI MANJUNATHA KARIYAPPA
S/O KARIYAPPA HUCHAPPA
AGE: MAJOR
TH
R/O.No.1267, 12 C CROSS
TH
9 MAIN ROAD, MAHALAKSHMI LAYOUT
BENGALURU - 560 086.
(R.C.OWNER OF CAR BEARING
REG.No.KA-50-M-8530)
2. TATA AIG GENERAL INSURANCE COMPANY LIMITED
RD
No.69, 3 FLOOR, J.P, AND
DEVI JAMBUKESHWARA ARCADE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
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MFA No. 4959 of 2025
CNR: KAHC010430072025
MILLERS ROAD, BENGALURU - 560 052.
(POLICY No. 01600494400300 VALID
FROM 17-07-2022 TO 16-07-2023)
…RESPONDENTS
(BY SRI B PRADEEP, ADVOCATE FOR R2
V/O DATED 04.08.2025, NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:01.10.2024
PASSED IN MVC No.1406/2023 ON THE FILE OF THE VIII
ADDITIONAL JUDGE, COURT OF SMALL CAUSES, ACJM, MACT,
BENGALURU (SCCH-5) PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 31.08.2026, THIS DAY, SHIVASHANKAR
AMARANNAVAR J , DELIVERED THE FOLLOWING;
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
CAV JUDGMENT
This appeal is filed by the claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 01.10.2024 passed in MVC
No.1406/2023 by VIII Additional Judge, Court of Small
Causes and MACT, Bengaluru (SCCH-5).
2. The appellant/claimant made a claim petition
praying to award compensation for the injuries sustained
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61272
MFA No. 4959 of 2025
CNR: KAHC010430072025
by him in a road traffic accident occurred on 30.01.2023
contending that the accident occurred due to rash and
negligent driving of the driver of the car bearing
registration No.KA-50-M-8530.
3. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record,
assessed the compensation and awarded the
compensation under various heads as under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 15,000/-
2. Conveyance, nourishment
and attendant charges
Rs. 15,000/-
3. Medical expenses Rs. 24,000/-
4. Loss of amenities in life Rs. 15,000/-
5. Loss of income during laid
up period
Rs. 1,525/-
Total Rs. 70,525/-
4. The Tribunal has also awarded interest at the
rate of 6% per annum from the date of petition till
realization and directed respondent No.2/insurer to deposit
the award amount with interest. The claimant seeking
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
enhancement of the compensation awarded by the
Tribunal has filed the present appeal.
5. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
6. Learned counsel for the appellant would
contend that the Tribunal has not awarded loss of future
income due to disability, even though the disability
sustained by the claimant is 13% to the whole body. He
placed reliance on the decision of the Hon'ble Apex Court
in the case of RELIANCE GENERAL INSURANCE
COMPANY LIMITED vs . PRIYANKA DAS AND OTHERS,
reported in AIR 2026 SC 4382 and the decision of
coordinate Bench of this Court in the case of DR.
YASHWANTH DONGRE vs. SALMAN RASHEED AND
OTHERS, reported in ILR 2015 KAR 167 would contend
that even though the claimant getting the same income
after the accident, he has to be awarded loss of future
income due to disability. He further contended that the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
Tribunal has not awarded medical expenses of
Rs.1,43,234/- only on the ground that the said expenses
are reimbursed by a medical claim policy of his company.
He submits that the said medical reimbursement got from
a medical claim policy shall not be deducted and on that
point, he placed reliance on the decision of the Hon'ble
Apex Court in the case of NEW INDIA ASSURANCE
COMPANY LIMITED vs. DOLLY SATISH GANDHI &
ANR. reported in 2026 INSC 498. He also placed
reliance on the decision of the Hon'ble Apex Court in the
case of RAJ KUMAR vs. AJAY KUMAR AND ANOTHER,
reported in AIR ONLINE 2010 SC 144 on the point of
grant of compensation for loss of future earning due to
disability. He further submits that the compensation
awarded under other heads i.e., pain and sufferings, loss
of amenities and loss of income during laid up period are
on lower side. He submits that the Doctor has stated that
the claimant has to undergo operation for removal of
implant and therefore the claimant is to be awarded future
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
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medical expenses. With these, he prayed to allow the
appeal.
7. Learned counsel for respondent No.2/insurer
would contend that the compensation awarded by the
Tribunal on all heads is just and proper and there are no
grounds for enhancement. He further contends that the
claimant was working in a company, continued in service,
getting the same income as he was getting prior to the
accident and therefore the Tribunal has rightly not
awarded loss of future income due to disability even
though there is a disability to the whole body at 13%.
With this, he prayed for dismissal of the appeal.
8. Having heard the learned counsel for appellant
and learned counsel for respondent No.2/insurer, the
Court has perused the Judgment and Award.
9. The accident occurred on 30.01.2023 and as on
the date of accident the claimant was aged thirty two (32)
years. The multiplier applicable to the said age is ‘16’.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
10. The claimant has sustained open fracture both
bone left forearm middle third with multiple abrasion as
per Ex.P8 - Wound Certificate and Ex.P14 - Discharge
Summary. Considering the said injuries sustained by the
claimant, the compensation awarded by the Tribunal
towards pain and sufferings in the sum of Rs.15,000/- is
enhanced to Rs.75,000/- and loss of amenities awarded in
a sum of Rs.15,000/- is enhanced to Rs.60,000/-.
11. The claimant has been admitted in hospital for
three (03) days and incurred huge medical expenses and
considering the same, the Tribunal has rightly awarded
attendant, conveyance charges, food, nourishment etc. in
a sum of Rs.15,000/-.
12. The claimant has stated that he was getting
salary of Rs.30,000/- per month. Considering the said
aspect and the injuries sustained by the claimant, he has
to take rest atleast for one (01) month and therefore
entitled to loss of income during laid up period in a sum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
Rs.30,000/- as against Rs.1,525/- awarded by the
Tribunal.
13. The Tribunal has disallowed medical expenses
of Rs.1,43,234/- and has only awarded Rs.24,000/- on the
ground that the said amount of Rs.1,43,234/- has been
reimbursed by the company under medical policy (Health
Insurance). The Hon'ble Apex Court in the case of DOLLY
SATISH GANDHI supra , has Held that if the claimant
has got reimbursement of medical expenses under any
health insurance policy, the same shall not be disallowed
on that ground and the claimant is entitled to award of the
said medical expenses got reimbursed under health
insurance policy. Therefore the claimant apart from
Rs.24,000/- awarded by the Tribunal towards medical
expenses is also entitled to a sum of Rs.1,43,234/- which
he got reimbursed from his company under health
insurance policy. Therefore the claimant is entitled to total
medical expenses of Rs.1,67,234/- as against Rs.24,000/-
awarded by the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
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14. P.W.2 and P.W.3 - Doctors have stated that the
claimant has to undergo operation for removal of implant
and estimated the cost of the same at Rs.60,000/-.
Considering the fact that the claimant has to undergo
medical operation for removal of implant, he is entitled to
a sum of Rs.30,000/- towards future medical expenses.
The claimant is not entitled to interest on future medical
expenses awarded in a sum of Rs.30,000/-.
15. Whether the claimant is entitled to loss of future
income due to disability as he continued in the service
even after the accident and getting the same income as he
was getting prior to the accident. In the case of
PRIYANKA DAS supra , the Hon'ble Apex Court has
considered the award of compensation under loss of future
income due to disability as the claimant has sustained
disability at 100% and has observed that the present case
shall not be treated as a precedent. In the said case, the
Hon'ble Apex Court has observed as under:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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“36. The calculation of functional disability depends
on assessing the victim’s earning capacity in the
open, competitive market, rather than on retention
in a specific, highly accommodated role. Evidence
before the High Court, specifically the Career
Growth Letter dated 06.02.2018 from her
employer, confirmed that the Claimant lost out on
her normal career growth and promotional
progression, including advancement to the positions
of General Manager, Director, or Vice President, as
a result of the accident. The record further indicates
that she is able to perform her current duties only
through specially created software, flexible working
hours, and extreme accommodations provided by
her employer as an act of corporate compassion.
37. Based on the official Medical Board Report
issued by Vardhman Mahavir Medical College &
Safdarjung Hospital, which evaluated the Claimant
and certified a 100% PPI of the whole body due to
post-traumatic head injury with cortical blindness,
pelvic fracture, and a permanent colostomy, the
compensation calculation shifts from the High
Court’s 80% assessment to a 100% functional
disability because the Claimant’s capacity to
independently secure, sustain, or advance
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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employment in the open labour market has been
entirely extinguished.
38. The Court is exercising its discretion in the
peculiar facts and circumstances of this case to
arrive at just and fair compensation payable to the
Claimant. The Claimant is a well-educated lady with
a reasonable income. In the circumstances of the
present case, which shall not be treated as a
precedent, a reasonable sum for the loss of
marriage prospects, i.e., Rs. 20,00,000/-, is
considered.”
Therefore, the said decision cannot be made
applicable as it cannot be followed as a precedent.
16. In the case of DR. YASHWANTH DONGRE
supra , coordinate Bench of this Court has observed as
under:
“15. In this case, the claimant has got
disability to the extent of 46%. The doctor
has not spoken about the disability with
regard to the whole body. The claimant has
permanent disability and thus has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
permanent diminution of his earning
capacity, but he has been continued in the
same employment without deduction of
salary, the claimant is entitled for
compensation for his handicap in the labour
market. In many cases of comparatively
not serious injuries, though there is some
permanent disability, the disability has no
immediate adverse effect on his salary. He
may be getting the pre-accident salary.
However, such a man is at a disadvantage
when compared with his co-workers in the
labour market. It may so happen that he
continues to work with difficulty and gets
the same salary but if there is reduction in
the workforce by the employers, this
worker with disability is likely to be sent off
first.
16. It may happen in some cases, though
the claimant is in a position to work
physically after the accident as before, the
after effects of the accident may make it
more difficult for him to find work or to
retain his work. There would be some
degree of physical handicap. In these
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
cases, the Court may have to add a
suitable sum by way of damages having
regard to this aspect. In the instant case,
the claimant has got permanent disability
to the extent of 46%. The income of the
⅓
claimant is Rs.30,303/- per month. rd of
46% will be the disability to the whole
body. Accordingly, the disability of the
claimant to the whole body is 15%. The
age of the claimant is 45 years and suitable
multiplier that has to be adopted in this
case is 14. The loss of income
proportionate to the disability of 15%
would be Rs. 4546/-. So due to the reduced
capacity of work, the claimant has lost
income of Rs.7,63,728/-(Rs. 4546/- × 12 =
Rs.54552/- × 14 = Rs.7,63,728/-). Since
the claimant is continuing in his
employment, he may not be entitled for
compensation under the head of reduced
eligibility of employment. However,
applying the principle mentioned herein
above, a suitable sum has to be awarded
by way of damages having regard to his
disability. 10% of reduced earning capacity
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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can be awarded as suitable sum in respect
of reduced eligibility of employment or
handicap in the employment market i.e.,
Rs.77,000/.”
17. In the case on hand, the claimant as per
evidence of the Doctors has sustained disability at 39% to
the arm and 13% to the whole body. The claimant even
after the accident and injuries, continued to work with his
earlier company i.e ., Swasti Health Care Company and
getting same income of Rs.30,000/- per month. The
claimant has a permanent disability and thus has a
permanent diminution of his earning capacity, but he has
been continued in the same employment without a
deduction of salary, the claimant is entitled for
compensation for his handicap in the labour market. In
many cases of comparatively not serious injuries, though
there is some permanent disability, the disability has no
immediate adverse effect on his salary. He may be getting
the pre-accident salary. However such a man is at a
disadvantage when compared with his co-workers in the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
CNR: KAHC010430072025
labour market. It may so happen that he continues to
work with difficulty and gets the same salary, but if there
is a reduction in the workforce by the employers, this
worker with disability is likely to be sent off first. Even
though the claimant is in a position to work physically
after the accident as before, the after effects of the
accident may make it more difficult for him to find work or
to retain his work. There would be some degree of a
physical handicap. In these cases, the Court may have to
add a suitable sum by way of damages having regard to
this aspect. In the instant case, the claimant has got a
permanent disability at the extent of 13%. The income of
the claimant is Rs.30,000/- per month. Accordingly the
disability of the claimant to the whole body taken at 13%
since he is having disability to the arm at 39%. The age of
the claimant is thirty two (32) years and suitable multiplier
that has to be adopted is ‘16’. The loss of income
proportionate to the disability of 13% would be as under:
Rs.30,000/- X 12 X 16 X 13% = Rs.7,48,800/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
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18. Since the claimant is continuing in his
employment, he may not be entitled for compensation
under the head of reduced eligibility of employment,
however applying the principle mentioned in the decision
of the coordinate Bench in the case of
DR. YASHWANTH DONGRE supra , a suitable sum has to
be awarded by way of damages having regard to his
disability. 10% of reduced earning capacity can be
awarded as a suitable sum in respect of reduced eligibility
of employment or handicap in the employment market
i.e., Rs.74,880/-.
19. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 75,000/-
2. Loss of amenities Rs. 60,000/-
3. Loss of income during laid
up period
Rs. 30,000/-
4. Attendant and conveyance
charges etc.
Rs. 15,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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MFA No. 4959 of 2025
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5. Medical expenses Rs. 1,67,234/-
6. Future medical expenses Rs. 30,000/-
7. Reduced eligibility of
employment or handicap in
the employment market
Rs. 74,880/-
Total Rs. 4,52,114/-
20. The claimant is entitled to total compensation of
Rs.4,52,114/- as against Rs.70,525/- awarded by the
Tribunal with interest.
21. Consequently, the claimant is entitled to enhanced
compensation of Rs.3,81,589/- with interest at the rate of 6%
per annum from the date of petition till realization.
22. Respondent No.2/insurer is liable to pay the said
enhanced compensation with interest.
23. The claimant is not entitled to interest on future
medical expenses of Rs.30,000/- awarded by this Court.
24. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-part .
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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ii) The appellant/claimant is entitled to enhanced
compensation of Rs.3,81,589/- with interest at
the rate of 6% per annum from the date of
petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with interest
before the Tribunal within a period of six weeks
from this day.
iv) The claimant is not entitled to interest on
future medical expenses of Rs.30,000/-
awarded by this Court.
v) Out of the enhanced compensation, the
claimant is entitled to release of 50% and
remaining 50% shall be kept in Fixed Deposit
in his name in Karnataka Bank, City Civil Court
Branch, Bengaluru for a period of three (03)
years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 2 Sl No.: 2
Ct.sm