SMT. MADEVI NAIK vs SRI. SADANANDA. A. MOGER
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
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. 84 OF 2025 (MV-I)
BETWEEN:
SMT. MADEVI NAIK
W/O HADIYAPPA NAIK,
AGED ABOUT 53 YEARS,
R/O HERALI, BAILUR,
MURUDESHWARA,
HONNAVARA TALUK,
U.K.DIST. - 581 334.
…APPELLANT
(BY SRI. NAGARAJA HEGDE, ADVOCATE)
AND:
1. SRI. SADANANDA A. MOGER
S/O ANNAPPA MOGER,
AGED ABOUT 44 YEARS,
R/O KEREKULI ADUKAL,
MANKI, HONNAVARA TALUK,
U.K. DIST. - 581 334.
2.
THE UNITED INDIA INSURANCE CO. LTD.,
KUNDAPURA BRANCH,
SRI LAXMI VENKATESH COMPLEX,
NH-66, VADERHOBLI,
KUNDAPURA - 576 201
REP. BY ITS BRANCH MANAGER.
…RESPONDENTS
(BY SRI. BENNI RAVISH CHANDRASHEKAR, ADV., FOR R2;
VIDE ORDER DATED 03.08.2026, NOTICE TO R1 IS
DISPENSED WITH)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.09.2024 PASSED IN MVC
NO.549/2022 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
ADDITIONAL MACT, KUNDAPURA, 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 17.09.2024 passed in MVC No.549/2022
by Senior Civil Judge and Additional MACT, Kundapura.
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.
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
by her in a road traffic accident occurred on 13.01.2022
contending that the accident occurred due to rash and
negligent driving by the driver of tempo bearing
registration No.KA-47-0057.
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. Loss of income due to
disability
Rs. 1,42,204/-
2. Towards pain and suffering Rs. 20,000/-
3. Towards medical expenses Rs. 36,731/-
4. Towards conveyance, diet
and attendants charges
Rs. 20,000/-
5. Towards loss of income
during laid up period
Rs. 26,600/-
6. Towards loss of amenities Rs. 20,000/-
Total Rs. 2,65,535/-
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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
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 13.01.2022 and as on
the date of accident the claimant was aged fifty (50)
years. Considering the said age of the claimant the
Tribunal has rightly applied multiplier '9'. The notional
income fixed for the year 2022 is Rs.15,500/- per month
and the said income is to be taken as against Rs.13,300/-
taken by the Tribunal. Learned counsel for the appellant is
not seeking any enhancement in the disability taken by
the Tribunal at 9%. In view of the same, the claimant is
entitled to loss of future income due to disability as under:
Rs.15,500/- X 12 X 9 X 9% = Rs.1,50,660/-
T
8. he Tribunal has added future prospects and it
is not proper since the disability taken is less than 20%.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
9. The claimant has sustained the following
injuries:
a) Deformed left wrist/painful abnormal
mobility at distal 1/2.
b) Laceration left writ 4 X 2 cm extending to
fracture, X-ray shows fracture of distal
radius left
c) Welling nose/tenderness, bleeding
d) Tenderness back of neck, x-ray shows
fracture of nasal bone.
10. Considering the said injuries sustained by the
claimant, the compensation awarded by the Tribunal
towards pain and suffering in a sum of Rs.20,000/- is
to Rs.
enhanced 80,000/- and loss of amenities awarded in
Rs.
a sum of 20,000/- is enhanced to Rs.60,000/-.
11. The claimant has been admitted in hospital for
four (04) days and considering the medical bills, the
Tribunal has rightly awarded medical expenses of
Rs.36,731/- and attendant and conveyance charges etc. in
a sum of Rs.20,000/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
12. Considering the injuries sustained by the
claimant, she has to take rest atleast for three (03)
months and therefore entitled to loss of income during laid
up period in a sum of Rs.46,500/- (Rs.15,500/- X 03
months) as against Rs.26,600/- awarded by the Tribunal.
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. 80,000/-
2. Loss of amenities Rs. 60,000/-
3. Medical expenses Rs. 36,731/-
4. Attendant and conveyance
charges etc.
Rs. 20,000/-
5. Loss of income during laid
up period
Rs. 46,500/-
6. Loss of future income due to
disability
Rs. 1,50,660/-
Total Rs. 3,93,891/-
14. The claimant is entitled to total compensation of
Rs.3,93,891/- as against Rs.2,65,535/- awarded by the
Tribunal with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
15. Consequently, the claimant is entitled to
enhanced compensation of Rs.1,28,356/- (Rs.3,93,891/- -
Rs.2,65,535/-) 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.1,28,356/-
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
interest before the Tribunal within a period
of six weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58322
MFA No. 84 of 2025
CNR: KAHC010005382025
iv) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Learned counsel for respondent No.2/insurer is
permitted to file vakalath within two weeks.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
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