SRI MUTHURAJU V vs THE MANAGER
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 3675 OF 2026
(MV-I)
BETWEEN:
SRI MUTHURAJU V
S/O. SRI VENKATA NAIK
AGED ABOUT 39 YEARS
R/AT KOGGEDODDI VILLAGE
YELAGALLI POST, SANGAMA
UYYAMBAHALLI HOBLI
KANAKAPURA TALUK
RAMANAGARA DISTRICT.
…APPELLANT
(BY SRI ANANDA K S, ADVOCATE)
AND:
1. THE MANAGER
TATA AIG GENERAL INSURANCE CO. LTD.,
ND
No. 69, 2 FLOOR, J.P. AND
DEVI JAMBUKESHWAR ARCADE
MISSION ROAD
BANGALORE - 560 052.
2. SYED MOHAMMED RAFI
S/O SYED AMEER (MAJOR)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
R/AT No. 55, OLD MASJID ROAD
BELAHALLI, YELAHANKA
BENGALURU – 560 064.
…RESPONDENTS
(BY SRI. MURALIDHARA N, ADVOCATE FOR R1
V/O DTD. 09.06.2026, NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:12.11.2025
PASSED IN MVC No.4663/2024 ON THE FILE OF THE MOTOR
VEHICLES ACCIDENT CLAIMS TRIBUNAL BENGALURU, 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 12.11.2025 passed in MVC No.4663/2024 by
the XIX Additional Judge, Court of Small Causes and
MACT, Bengaluru (SCCH-17).
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:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
learned counsel for appellant and learned counsel for
respondent No.1 –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 21.05.2024 contending
that the accident occurred due to rash and negligent
driving of the driver of TVS Electric Scooter bearing
registration No.KA-50/EK-3278. 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 40,000/-
02. Towards Medical Expenses 14,000/-
03. Towards loss of income NIL
during laid up period
04. Towards disability NIL
05. Towards Food nourishment 25,000/-
and conveyance
06. Towards attendant charges 14,000/-
07. Towards loss of amenities 25,000/-
08. Towards future medical 15,000/-
expenses
Total 1,33,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.1 -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.1–insurer.
6. The claimant was working as forest watcher.
P.W.4 -doctor has stated that the claimant has sustained
disability at 12% to the whole body. Even after the
accident, the claimant continued to work as forest watcher
and getting same income as he was getting prior to the
accident. Therefore, the Tribunal has rightly not awarded
loss of future income due to disability.
7. The claimant has sustained fracture of right
clavicle and considering the same, the compensation
awarded towards pain and suffering in a sum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
Rs. Rs.
40,000/- is enhanced to 50,000/-. The compensation
awarded towards medical expenses and attendant,
conveyance charges, food and nourishment etc., are just
and proper.
8. P.W.4 -doctor has stated that the claimant has
to undergo surgery for removal of implant, for that he has
to spend Rs.20,000/-. The Tribunal has awarded
Rs.
15,000/- towards future medical expenses. Considering
the said evidence of the doctor, the claimant is entitled to
future medical expenses of Rs.20,000/- as against
Rs.15,000/- as awarded to the Tribunal.
9. In view of the above, the claimant is entitled to
enhanced compensation under following heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 10,000/-
04. Towards loss of amenities 15,000/-
05. Toward future medical 5,000/-
expenses
Total 30,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
In view of the above, the claimant is entitled to
enhanced compensation of Rs.30,000/- with interest at the
rate of 6% per annum from the date of petition till
realization. Respondent No.1 -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
Rs.
compensation of 30,000/- with interest at the
rate of 6% per annum from the date of petition till
realization.
iii) Respondent No.1 -insurer shall deposit the said
enhanced compensation with interest before the
Tribunal within a period of 06 weeks from this
day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58052
MFA No. 3675 of 2026
CNR: KAHC010354012026
iv) The appellant -claimant is entitled to release of
entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 42
Ct.sm