SRI ARUN GANGADHAR NAIK vs SRI DINESH
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 4599 OF 2026
(MV-I)
BETWEEN:
SRI ARUN GANGADHAR NAIK
S/O. GANGADHAR NAIK
AGED ABOUT 62 YEARS
R/AT: JOSEPH COMPLEX
MUDUGOPADI, GOPADI VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT -576 201.
…APPELLANT
(BY SRI REVANNA D S, ADVOCATE FOR
SRI NAGARAJA H R, ADVOCATE)
AND:
1. SRI DINESH
S/O. CHANDRA
AGED ABOUT 39 YEARS
R/AT:NEAR SRI MAHAKALI TEMPLE
KHARVIKERI, KASABA VILLAGE
KUNDAPURA TALUK
UDUPI DISTRICT – 576 201.
2. THE NATIONAL INSURANCE CO. LTD.,
BRANCH OFFICE
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
KUNDAPURA-576 201.
REP. BY ITS BRANCH MANAGER.
…RESPONDENTS
(BY SRI MALLIKARJUNA REDDY, N A, ADVOCATE FOR
SRI A M VENKATESH, ADVOCATE FOR R2
V/O DTD. 02.07.2026, NOTICE TO R1 DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:19.09.2024
PASSED IN MVC No.1126/2018 ON THE FILE OF THE
ADDITIONAL DISTRICT JUDGE AND ADDITIONAL MACT, UDUPI
(SITTING AT KUNDAPURA), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS APPEAL, COMING ON FOR ORDERS 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 19.09.2024 passed in MVC No.1126/2018 by
Additional District Judge and Additional MACT, Udupi.
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:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
learned counsel for appellant and learned counsel for
respondent No.2 -insurer.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 27.06.2018 contending
that the accident occurred due to rash and negligent
driving of the driver of motor cycle bearing registration
No.KA-20/EP-2718. The Tribunal after recording the
evidence of the parties, appreciating the evidence
assessed the compensation and awarded compensation
under various heads as under:
1 Loss of income during the Rs.1,81,435/-
period of treatment
2 Medical bill, conveyance,
nutrition and attending
charges
Rs.2,78,317/-
3 Pain and sufferings Rs.20,000/-
4 Loss of amenities Rs.15,000/-
Total Rs.4,94,752/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
4. The Tribunal 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
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 claimant has sustained the following
injuries:
i) Open right tibia and fibula fracture
ii) Abrasion upper end of right forearm
iii) abrasion over base of left great toe
iv) head injury with bilateral frontal lobe acute
hemorrhagic contusions
v) acute subdural haemorrhage, pneumocephalus,
right maxillary sinus fracture with hemosinus
vi) fracture of right occipital bone and left orbit
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
Considering the said injuries sustained by the
claimant, the compensation awarded by the Tribunal
towards pain and suffering in a sum of Rs.20,000/- is
enhanced to Rs.1,00,000/- and loss of amenities awarded
in a sum of Rs.15,000/- is enhanced to Rs.70,000/-.
7. P.W.2 -doctor stated that the claimant has to
undergo surgery for removal of the implant and for that he
needs a sum of Rs.30,000/-. Considering the said evidence
of the doctor, the claimant is entitled to future medical
expenses of Rs.30,000/-.
8. In view of the above, the claimant is entitled to
enhanced compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 80,000/-
02. Towards loss of amenities 55,000/-
03. Towards Future Medical 30,000/-
Expenses
Total 1,65,000/-
9. The claimant is not entitled to interest on future
medical expenses of Rs.30,000/-. In view of the above,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
the claimant is entitled to enhanced compensation of
Rs.1,65,000/- with interest at the rate of 6% per annum
from the date of petition till realization. The appellant –
claimant is not entitled to interest on delay period of 551
days in filing appeal as per order dated 29.10.2026 passed
on IA No.1/2026. Respondent No.2 -insurer is liable to pay
the said enhanced compensation with interest.
10. 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.1,65,000/- with interest at
the rate of 6% per annum from the date of
petition till realization.
iii) The appellant -claimant is not entitled to
interest on future medical expense of
Rs.30,000/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60167
MFA No. 4599 of 2026
CNR: KAHC010419702026
iv) The appellant –claimant is not entitled to
interest for the delay period of 551 days in
filing the appeal.
v) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before
the Tribunal within a period of 06 weeks from
this day.
vi) The appellant -claimant 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.: 10
Ct.sm