KESHAVA NAIK vs GURUPRASAD

- 1 -
HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 16 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.



MISCELLANEOUS FIRST APPEAL NO.6343 OF 2024(MV-I)



BETWEEN:

KESHAVA NAIK,
AGED ABOUT 41 YEARS,
S/O BABANNA NAIK,
R/O MAKKIMANE,
KULANJE VILLAGE,
SHANKARANARAYANA POST,
KUNDAPURA TALUK,
UDUPI DISTRICT - 576 227.
…APPELLANT








(BY SRI K. PRASANNA SHETTY, ADVOCATE)

AND:

1. GURUPRASAD,
AGED ABOUT 30 YEARS,
S/O. HARISH ACHARYA,
R/O. VISHWA KRAPA,
NEAR TULASI FURNITURE,
GANDHI NAGAR, CHARA VILLAGE,
HEBRI TALUK,
UDUPI DISTRICT - 576 112.


Digitally Signed By:
K B GEETHA

- 2 -
HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



2. THE ORIENTAL INSURANCE COMPANY LTD.,
REPRESENTED BY ITS
DIVISIONAL MANAGER,
MASTHIKATTE ROAD,
KUNDAPURA TALUK,
UDUPI DISTRICT - 572 101.
…RESPONDENTS
(BY SRI K. NAGARAJAIAH, ADVOCATE FOR R2)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 29.07.2024 PASSED IN MVC
NO.51/2022 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 MRS. JUSTICE GEETHA K.B.

ORAL JUDGMENT
This is the appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988 (in short, 'MV Act') by the
appellant/claimant not satisfied with the compensation
awarded in the judgment and award dated 29.07.2024 in
MVC No.51/2022 on the file of the Additional District Judge
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



and Addl. MACT, Udupi (sitting at Kundapura) (in short,
'the Tribunal').
2. The parties would be referred with their ranks
as they were before the Tribunal for sake of convenience
and clarity.
3. The facts established before the Tribunal are
that the claimant when standing on north side of mud
portion of Shankaranarayana - Haladi road, near Vantihadi
cross road of Shankaranarayana Village on 06.11.2021 at
10:00 a.m. with his Motorcycle bearing registration No.KA-
20-EX-0343, another Motorcycle bearing registration
No.KA-20-EJ-7388 being ridden by its rider came from
opposite side rashly and negligently and dashed against
the claimant and because of that the claimant fell down
and sustained grievous injuries. Immediately he was
shifted to Chinmayi Hospital, Kundapura wherein he has
taken treatment as inpatient and hence claimed the
compensation under different heads from the owner and
the Insurance Company of the offending motorcycle.
Digitally Signed By:
K B GEETHA

- 4 -
HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



4. After service of notice, respondent No.2 - the
Insurance Company filed objection statement denying the
averments made in the petition, but admitted about
existence of valid insurance policy as on the date of
accident in respect of the offending motorcycle.
5. After recording evidence of both sides, hearing
arguments of both sides, the Tribunal came to the
conclusion that the claimant is entitled for total
compensation of ` 5,58,987/- under following different
heads:
Loss of future income arising
1
` 3,06,168/-
out of permanent disability
2 Pain and sufferings ` 25,000/-
Loss of income during the
3
` 66,270/-
period of treatment
Medical bill, conveyance,
4
` 1,16,549/-
nutrition attending charges
Future happiness and
5
` 10,000/-
amenities
6 Future medical bills ` 35,000/-
`
Total 5,58,987/-
Digitally Signed By:
K B GEETHA

- 5 -
HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



6. Not satisfied with the aforesaid compensation,
the claimant is before this court.
7. Heard arguments of both sides.
8. The learned counsel for the appellant
Sri K. Prasanna Shetty, would submit that the
compensation awarded by the Tribunal on all heads is on
the lower side and not considered the gravity of the injury
sustained by the claimant and the number of days
treatment and also the income of the claimant was not
properly taken by the Tribunal. Hence, prayed for
enhancement of compensation.
9. The learned counsel for respondent No.2
Sri K. Nagarajaiah would submit that the compensation
awarded by the Tribunal is just and reasonable and
requires no interference.

10. Having heard arguments of both sides, verifying
the appeal papers and the trial Court records, the point
that arises for consideration is:
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



"Whether the claimant is entitled for
enhancement of compensation?"

11. The finding of this Court on the above point is
‘
in Affirmative’ for the following:
REASONS
12. The wound certificate reveals that the claimant
has sustained lacerated injury on his eyebrow with
bleeding and comminuted fracture on both bones of his
right leg and the doctor opined that the second injury is
grievous in nature. The claimant was inpatient in the
hospital for 8 days. The doctor has issued the disability
certificate stating that the claimant has 32% disability to
right lower limb. Considering the same, the Tribunal has
assessed 11% disability to the whole body and taken his
income at ` 11,045/- by adding 40% towards future
prospects; considering the age of the claimant, the
appropriate multiplier was taken as 15 and awarded the
compensation under the head ‘loss of future earning
capacity’. The income of the claimant was not properly
Digitally Signed By:
K B GEETHA

- 7 -
HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



taken by the Tribunal and 40% of future prospects ought
not to have been added, but because of this, the income of
the claimant taken by the Tribunal is at ` 15,463/- and
awarded the compensation under this head, which
requires no interference.
13. As far as the compensation awarded under
other heads i.e., loss of income during laid up period,
medical bills, future medical bills would be adequate and
requires no interference.
14. The compensation awarded under the heads
‘pain and sufferings’ and ‘loss of future amenities’ is on
lower side. Considering these aspects, this Court holds
that the claimant is entitled for global compensation of
` 50,000/- in addition to the compensation already
awarded by the Tribunal.
15. Hence, this Court passes the following;



Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024



ORDER

a. The appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988 by the appellant/
claimant is allowed in part .

b. The Judgment and award dated 29.07.2024
passed in MVC No.51/2022 on the file of the
Additional District Judge and Addl. MACT,
Udupi (sitting at Kundapura) is modified
holding that the claimant is entitled for global
compensation of ` 50,000/- in addition to the
compensation already awarded by the
Tribunal .

c. The compensation shall carry interest at 6%
per annum form the date of petition till
realization.

d. The Insurance Company shall deposit the
compensation amount with accrued interest
before the Tribunal within a period of eight
weeks from the date of receipt of certified
copy of this judgment.

e. Disbursement and deposit shall be as per the
award of the tribunal.

f. No order as to costs.
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:58931
MFA No. 6343 of 2024


CNR: KAHC010542442024




g. Draw modified decree accordingly.

Digitally Signed By:
K B GEETHA

(GEETHA K.B.)
JUDGE



LL
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