MR BHASKAR V vs SRI GIRIYA NAYAKA B
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
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. 4874 OF 2026 (MV-I)
BETWEEN:
MR. BHASKAR V.
S/O LATE VENKATESH
AGED ABOUT 24 YEARS,
R/AT NO.52/B, KARUMARIYAMMA TEMPLE
STREET, 9TH MAIN, CHANDRA NAGAR,
KUMARASWAMY LAYOUT,
BENGALURU - 78.
…APPELLANT
(BY SRI. SHASTRI SHRIPAD VISHWANATHA, ADVOCATE)
AND:
1. SRI. GIRIYA NAYAKA B.
S/O RAGYA NAYAKA M.,
R/AT 11TH WARD, SUNAGARAGERI,
AGASANAKATTI NEW CAMP,
HARAPPANAHALLI TALUK,
DAVANAGERE DISTRICT.
2.
UNIVERSAL SOMPO GEN. INS. CO. LTD.,
KVV SAMRAT, III FLOOR,
NO.217/A III MAIN,
OUTER RING ROAD,
KASTURI NAGAR,
EAST NGEF LAYOUT,
BENGALURU - 560 043,
BY ITS BRANCH MANAGER.
…RESPONDENTS
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
(BY SRI. D. VIJAYAKUMAR, ADVOCATE FOR R2;
VIDE ORDER DATED 10.07.2026, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 08.12.2025 PASSED IN MVC
NO.338/2024 ON THE FILE OF THE XIII ADDITIONAL SMALL
CAUSES JUDGE, ACJM, COURT OF SMALL CAUSES AND
MEMBER, MACT-15, BENGALURU (SCCH-15), 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 claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 08.12.2025 passed in MVC No.338/2024
by XIII Additional Small Causes Judge and ACJM, Court of
Small Causes and Member, MACT-15, Bengaluru (SCCH-
15).
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
for appellant and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
by him in a road traffic accident occurred on 03.11.2023
contending that the accident occurred due to rash and
negligent driving by the rider of motorcycle bearing
registration No.KA-17-EZ-5826.
4. 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, shock and suffering Rs. 30,000/-
2. Loss of amenities Rs. 20,000/-
3. Loss of income during the
laid up period
Rs. 48,000/-
4. Attendant's charges, extra
diet and conveyance
Rs. 20,000/-
5. Medical expenses Rs. 1,285/-
6. Loss of future income Rs. 2,86,848/-
Total Rs. 4,06,133/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
5. The Tribunal has also awarded the interest at
the rate of 6% per annum from the date of petition till
realisation and directed respondent No.2/insurer to pay
the compensation awarded with interest. The claimant has
filed the present appeal seeking enhancement of
compensation.
6. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
7. The accident occurred on 03.11.2023 and as on
the date of accident, the claimant was aged twenty three
(23) years. Considering the said age of the claimant, the
Tribunal has rightly applied multiplier '18'.
8. The notional income fixed for the year 2023 by
the Karnataka State Legal Services Authority is
Rs.16,250/- and the said income is to be taken as against
Rs.16,000/- taken by the Tribunal.
9. The claimant has sustained fracture right upper
Tibia. Considering the same, the compensation awarded
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
towards pain and sufferings in a sum of Rs.30,000/- is
enhanced to Rs.50,000/- and loss of amenities awarded in
a sum of Rs.20,000/- is enhanced to Rs.40,000/-.
10. The Tribunal has awarded loss of income during
later period for three (03) months taking the income at
Rs.16,000/-. Considering the fracture sustained by the
claimant and his avocation ‘mechanic’, he has to take rest
atleast for four (04) months and therefore the claimant is
entitled to a sum of Rs.65,000/- (Rs.16,250/- X 04
months) towards loss of income during laid up period as
against Rs.48,000/- awarded by the Tribunal.
11. The Tribunal has rightly awarded medical
expenses of Rs.1,285/- and attendant, conveyance, food,
nourishment etc. in a sum of Rs.20,000/-.
12. P.W.3 is the Doctor who has examined the
claimant, assessed his disability and stated that the
claimant has sustained 25% disability to the right lower
limb and 12.5% to the whole body. The Tribunal has taken
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
the disability at 8.3%. Whenever, there is a disability to
the lower limb, 1/3rd of the same is to be taken as
disability to the whole body. Considering the above aspect,
the Tribunal has rightly taken the disability to the whole
body at 8.3%. In view of the same, the claimant is entitled
to loss of future income due to disability is calculated as
under:
Rs.16,250/- X 12 X 18 X 8.3% = Rs.2,91,330/-.
13. 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. 50,000/-
2. Loss of amenities Rs. 40,000/-
3. Loss of income during laid
up period
Rs. 65,000/-
4. Attendant and conveyance
charges etc.
Rs. 20,000/-
5. Medical expenses Rs. 1,285/-
6. Loss of future income due to
disability
Rs. 2,91,330/-
Total Rs. 4,67,615/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
14. The claimant is entitled to total compensation of
Rs.4,67,615/- as against Rs.4,06,133/- awarded by the
Tribunal with interest.
15. Consequently, the claimant is entitled to
enhanced compensation of Rs.61,482/- (Rs.4,67,615/- -
Rs.4,06,133/-) with interest at the rate of 6% per annum
from the date of petition till realisation.
16. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
17. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.61,482/-
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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60972
MFA No. 4874 of 2026
CNR: KAHC010442722026
interest before the Tribunal within a period
of six weeks from this day.
iv) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Registry is directed to sent back the trial Court
records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 45