RANJITH R vs VENUGOPALA M.B.
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
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. 6777 OF 2026
(MV-I)
BETWEEN:
RANJITH R
S/O GANAPATHI
AGED ABOUT 27 YEARS
R/AT TALAGERI
GOWTHAMPURA POST
SAGARA TALUK
SHIVAMOGGA DISTRICT.
…APPELLANT
(BY SRI. ASHWATH C.M, ADVOCATE)
AND:
1. VENUGOPALA M.B.
S/O BILIYAPPA
AGED ABOUT 41 YEARS
R/AT HUNASEKATTE, MUDUBA
SIDDAPURA
SHIKARIPURA TALUK
SHIVAMOGGA DISTRICT.
DRIVER OF EICHER COMPANY TRACTOR BEARING
REG.No.KA.15/TA-8661 T 5660
D.L.NO.KA.15/20081000177.
2. LOKESH T. H.
S/O HARINA HUCHAPPA
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
AGED ABOUT MAJOR
R/AT TALAGERE, NARASIPURA
ANANDAPURAM HOBLI
SAGARA TALUK
SHIVAMOGGA DISTRICT.
3. THE DIVISIONAL MANAGER
IFFCO TOKIO GENERAL INSURANCE
COMPANY LIMITED,
SHASHIKIRANA BUILDING
ST
1 FLOOR, SHANKAR MATA ROAD
SHIVAMOGGA-577 201.
POLICTY No.-MP862044
(9.07.2022 UP TO 08.07.2023)
…RESPONDENTS
(BY SRI P SJAGADISH, ADVOCATE FOR R3
V/O DTD. 05.10.2026, NOTICE TO R1 AND R2 ARE D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:30.07.2026
PASSED IN MVC NO. 608/2023 ON THE FILE OF THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, ADDITIONAL
MACT, SHIVAMOGGA (SITTING AT SAGAR), 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 30.07.2026 passed in MVC No.608/2023 by
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
the V Additional District Judge and Additional MACT,
Shivamogga sitting at Sagar.
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.3/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 15.03.2023 contending
that the accident occurred due to rash and negligent
driving of the driver of Eicher Tractor bearing Regn.No.KA-
15/TA-8661. 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. Towards pain and agony shock, 1,00,000/-
discomfort and inconvenience
02. Towards medical expenses 4,12,534/-
03. Towards future medical 40,000/-
expenses
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
04. Towards food, nourishment, 30,000/-
attendant, conveyance
05. Towards permanent disability / 3,15,900/-
loss of future earning
06. Towards loss of income during 48,750/-
laid up period
Total 9,47,184/-
4. The Tribunal also awarded interest @ 6% p.a.
from the date of petition till realization and directed
respondent No.3/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.3/insurer. Learned
counsel for the appellant has filed I.A.1/2026 under Order
XLI Rule 27 of CPC with 30 bills and one discharge
summary certificate seeking production of those
documents as additional evidence.
6. The accident occurred on 15.03.2023 and as on
the date of accident, the claimant was aged 24 years.
Considering the said age of the claimant, the Tribunal has
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
rightly applied multiplier ‘18’ and taken notional income of
Rs.16,250/- p.m.
7. The claimant has sustained right femur shaft
fracture, type 3B open schatzker type V right tibial plateau
fracture and type 2 open comminuted distal one third
fracture of right tibia and fibula. Considering the said
injuries sustained by the claimant, the compensation
awarded by the Tribunal in a sum of Rs.1,00,000/- is
enhanced to Rs.1,60,000/-. The Tribunal has not awarded
loss of amenities. Considering the injuries sustained by
the claimant a sum of Rs.1,20,000/- is awarded towards
loss of amenities.
8. The Tribunal has awarded medical expenses of
Rs.4,12,534/- based on the documents produced. Now
the appellant has produced documents for having spent
medical expenses of Rs.64,453/- under I.A.1/2026.
Considering the said documents produced, the claimant
has been admitted in the hospital for 13 days and spent
Rs.64,453/- for treatment and medical expenses.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
Therefore, apart from Rs.4,12,534/-, the claimant is
entitled to Rs.64,453/-. Therefore, the claimant is entitled
to total medical expenses of Rs.4,76,987/-. The Doctor –
PW.2 has stated that the claimant has to undergo surgery
and estimated cost is Rs.1,00,000/-. The Tribunal has
awarded Rs.40,000/- towards future medical expenses. In
view of the fact that the claimant has taken further
treatment as per the documents with I.A.1/2026, there is
no need for enhancement of future medical expenses.
9. The claimant was admitted in the hospital for four
times and discharge summary produced indicate that he
has been admitted in the hospital for 83 days. The
documents now produced with I.A.1/2026 also indicate
that the claimant has been admitted in the hospital for 13
days between 31.08.2026 and 12.09.2026. Therefore, the
claimant is entitled to attendant and conveyance charges,
food and nourishment in a sum of Rs.96,000/- (Rs.1000 x
96 days) as against Rs.30,000/- awarded by the Tribunal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
10. Considering the injuries sustained and the
treatment taken and duration of treatment, the claimant
has to take rest atleast for 06 months and therefore,
entitled to loss of income during laid up period in a sum of
Rs.97,500/- (Rs.16,250 x 6 months) as against
Rs.48,750/- awarded by the Tribunal.
11. The Doctor has examined the claimant, assessed
his disability and stated that the claimant has sustained
48% disability to the right lower limb. The Tribunal has
taken disability at 9%. In cases of disability to lower limb,
rd
1/3 of the same is to be taken. Therefore, the disability
rd
would be 16% (1/3 of 48%) to the whole body. In view
of the same, the loss of future income due to disability is
calculated as under:
Rs.16,250 x 12 x 18 x 16% = Rs.5,61,600/-
12. 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 1,60,000/-
02. Loss of amenities 1,20,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
03. Medical expenses 4,76,987/-
04. Future medical expenses 40,000/-
05. Attendant and conveyance 96,000/-
charges
06. Loss of income during laid up 97,500/-
period
07. Loss of future income 5,61,600/-
Total 15,52,087/-
13. Considering the above aspects, the claimant is
entitled to total compensation of Rs.15,52,087/- as
against Rs.9,47,184/- awarded by the Tribunal with
interest. Consequently, the claimant is entitled to
enhanced compensation of Rs.6,04,903/- with interest @
6% p.a. from the date of petition till realization.
Respondent No.3/insurer is liable to pay the said enhanced
compensation with interest.
14. In view of the above, the following:
ORDER
.
i) The appeal and I.A.1/2026 are allowed
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.6,04,903/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:61253
MFA No. 6777 of 2026
CNR: KAHC010650112026
with interest @ 6% p.a. from the date of
petition till realization.
iii) Respondent No.3/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) Appellant/claimant is entitled to release of
entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 47
Ct.sm