DHANANJAYA M.C. vs VENUGOPALA M.B.
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6775 OF 2026 (MV-I)
BETWEEN:
DHANANJAYA M.C.
S/O CHANDRASHEKAR
AGED ABOUT 26 YEARS
R/AT MULLURU, MUTTURU
MUMBARU
HOSANAGARA TALUK
SHIVAMOGGA DISTRICT.
AT PRESENT RESIDING AT
C/O DURGAPPA M.C,
ADURU, BEESANAGADDE,
ANANDAPURAM HOBLI,
SAGAR 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.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
DRIVER OF EICHER COMPANY TRACTOR BEARING
REG.NO.KA.15/TOWARDS-8661 T 5660
D.L. NO.KA.15/20081000177.
2. LOKESH T. H.
S/O HARINA HUCHAPPA,
AGED ABOUT MAJOR,
R/AT TALAGERE, NARASIPURA,
AGED ABOUT MAJOR,
ANANDAPURAM HOBLI,
SAGARA TALUK,
SHIVAMOGGA DISTRICT.
OWNER OF EICHER COMPANY TRACTOR
BEARING REG.NO.KA.15/TA-8661 T 5660
3. THE DIVISIONAL MANAGER,
IFFCO TOKIO GENERAL INSURANCE
COMPANY LIMITED,
SHASHIKIRANA BUILDING,
1ST FLOOR, SHANKAR MATA ROAD,
SHIVAMOGGA-577 201.
POLICY NO.-MP862044
(09.07.2022 UP TO 08.07.2023).
…RESPONDENTS
(BY SRI. P.S. JAGADISH.,ADVOCATE FOR R3;
V/O DATED 18.09.2026, NOTICE TO R1 AND R2 ARE
DISPENSED WTH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT. 30.07.2026 PASSED IN MVC NO.
611/2023 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:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
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.611/2023 by
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 Tractor bearing Regn.No.KA-15/TA-
8661. The Tribunal after recording the evidence of the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
parties, appreciating the evidence assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards pain agony, shock, 1,00,000/-
discomfort and inconvenience
02. Towards medical expenses 17,207/-
03. Towards food nourishment 30,000/-
attendant, conveyance
04. Towards permanent 3,15,900/-
disability/loss of future earning
05. Towards loss of income during 65,000/-
laid up period
Total 5,28,107/-
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.
6. The accident occurred on 15.03.2023 and as on
the date of accident, the claimant was aged 23 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
Considering the said age, the Tribunal has rightly taken
multiplier ‘18’. Considering the year of the accident,
Tribunal has rightly taken notional income at Rs.16,250/-
p.m.
7. The claimant has sustained right femur shaft
fracture, left femur shaft fracture and right leg tibia and
fibula fracture. Considering the said injuries sustained by
the claimant, the compensation awarded by the Tribunal
towards pain and suffering in a sum of Rs.1,00,000/- is
enhanced to Rs.1,30,000/-. The Tribunal has not awarded
compensation towards loss of amenities. Considering the
fractures sustained, the claimant is entitled to loss of
amenities in a sum of Rs.80,000/-. The claimant has been
admitted in the hospital for 72 days and considering the
same, the claimant is entitled to food nourishment,
attendant, conveyance charges in a sum of Rs.72,000/-
(Rs.1,000 x 72 days) as against Rs.30,000/- awarded by
the Tribunal. The Tribunal based on the bills has rightly
awarded medical expenses of Rs.17,207/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
8. PW.2 – Doctor who has examined the claimant
and assessed his disability has stated that the claimant
has sustained 33% disability to the lower limb and the
Tribunal has taken the disability to the whole body at 9%.
rd
In case of disability to lower limb, 1/3 of the same is to
be taken as disability to whole body. Therefore, the
disability of 11% is to be taken 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 11% = Rs.3,86,100/-
9. Considering the injuries sustained and that the
claimant has got removed extra fixtures during December,
2023, he is entitled to loss of income during laid up period
in a sum of Rs.1,13,750/- (Rs.16,250 x 7 months). 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 1,30,000/-
02. Loss of amenities 80,000/-
03. Medical expenses 17,207/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
04. Attendant and conveyance 72,000/-
charges
05. Loss of income during laid up 1,13,750/-
period
06. Loss of future income 3,86,100/-
Total 7,99,057/-
10. Considering the above aspects, the claimant is
entitled to total compensation of Rs.7,99,057/- as against
Rs.5,28,107/- awarded by the Tribunal with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.2,70,950/- 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.
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.2,70,950/-
with interest @ 6% p.a. from the date of
petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58897
MFA No. 6775 of 2026
CNR: KAHC010650092026
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 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.: 50
Ct.sm