SRI SANJEEVA MARAKALA vs SRI K S DAKSHITH KUMAR

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MFA No. 6720 of 2025


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE DAY OF NOVEMBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE N.V.BHAVANI

MISCELLANEOUS FIRST APPEAL NO.6720 OF 2025 (MV-I)


BETWEEN:

SRI. SANJEEVA MARAKALA
AGED 60 YEARS,
SON OF LATE NARAYANA MARAKALA,
RESIDING AT HOUSE NO. 3-25(1),
SHESHA THANDELARA MANE,
HANDATTU, KOTATHATTU
BRHAMAVARA TALUK - 576 221
UDUPI DISTRICT.
…APPELLANT






(BY SRI. N. JAGADISH BALIGA, ADVOCATE)


AND:

1. SRI. K.S DAKSHITH KUMAR
AGED 24 YEARS
SON OF SRI. SUNDARA,
RESIDING AT NO. 12-2-18
VINOBHA NAGAR, KADABETTU,
MOODANIDAMBURU VILLAGE,
UDUPI TALUK - 576101
UDUPI DISTRICT.

2. THE UNITED INDIA INSURANCE CO. LTD.,
P.B. NO. 78, JEWEL PLAZA,
ST
1 FLOOR, MARUTHI VEETHIKA,
UDUPI – 576 101
REPRESENTED BY ITS BRANCH MANAGER
…RESPONDENTS


Digitally signed
by YASHODA K
L
Location: HIGH
COURT OF
KARNATAKA

(BY SRI. KRISHNA KISHORE, ADVOCATE FOR R2;
V/O DATED 05.03.2026 NOTICE TO R1 IS D/W)

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MFA No. 6720 of 2025



THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 30.06.2025 PASSED IN MVC NO.
524/2023 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 HAVING BEEN HEARD AND RESERVED FOR
ORDERS COMING ON FOR PRONOUNCEMENT OF ORDER THIS
DAY, N.V.BHAVANI J., MADE THE FOLLOWING:

CORAM: HON'BLE MRS. JUSTICE N.V.BHAVANI

CAV JUDGMENT
This is the appeal filed under Section 173(1) of the
1
Motor Vehicles Act, 1988 by the claimant/petitioner i.e.,
appellant herein in MVC No.524/2023 challenging the
common judgment and award dated 30.06.2025 in MVC
Nos.524/2023 and 525/2023 on the file of the Senior Civil
2
Judge, Additional MACT, Kundapura .

2. The parties are referred to as per their rankings
before the Tribunal for the sake of convenience.

3. Facts germane to file the present appeal are as
under:

1
for short ‘MV Act’
2

for short ‘the Tribunal’

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MFA No. 6720 of 2025


It is case of the petitioner/appellant (in MVC
No.524/2023) that on 21.02.2023 at about 11.30 a.m., he
was walking on the side of the National Highway No.66 near
Saligrama fish market, Chitrapadi Village, Brahmavara Taluk,
Udupi District. At that time, the respondent No.1 along with
the petitioner in MVC No.523/2023 as a pillion rider was
riding the motorcycle bearing registration No.KA-20/EY-4496
in a rash and negligent manner so as to endanger to the
human life from Udupi direction towards Kundapura and
dashed to the petitioner and caused the accident. Due to the
accident, the petitioners in both cases and respondent No.1
fell on the road along with the motorcycle.

4. The petitioner sustained grievous injuries and
immediately after the accident, the petitioner was shifted to
Mahesh Hospital, Brahmavara and subsequently, shifted to
KMC hospital, Manipal and he was treated as in-patient from
22-02-2022 to 27-02-2023 for 6 days. The doctor who has
been examined as PW3, on clinical examination of the
petitioner has issued wound certificate (Exs.P-5 and P-6)

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MFA No. 6720 of 2025


stating that the petitioner has suffered injuries in the
accident.

5. The petitioner had spent a sum of Rs.1,80,000/-
towards medical expenses; Rs.60,000/- towards food, extra
nourishment and attendant charges; Rs.35,000/- towards
conveyance charges and the petitioner also requires
Rs.75,000/- towards future treatment for implant removal.
The Tribunal after considering the materials on record,
considered the income of the petitioner at Rs.14,000/- per
month by taking the age of the petitioner as 62 years and
considering the disability at 6% to the whole body, applied
the multiplier of ‘7’ and awarded the compensation of
Rs.3,07,000/- under various heads along with interest @ 6%
p.a. from the date of petition till date of deposit. Not being
satisfied with the compensation amount, the petitioner has
preferred this appeal for seeking enhancement of
compensation.

6. Heard Sri.N.Jagadish Baliga, learned counsel for
the petitioner/appellant and Sri.Krishna Kishore, learned

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MFA No. 6720 of 2025


counsel for the respondent No.2/insurance company. Notice
to respondent No.1 is dispensed with vide order dated
05.03.2026.

7. Learned counsel for the petitioner/appellant herein
has contended that the Tribunal has assessed the ‘loss of
future income due to permanent disability’ at Rs.14,000/- per
month, without even considering the notional income fixed by
the Karnataka State Legal Services Authority (KSLSA) for the
year 2023, which was Rs.18,000/- per month. Further,
learned counsel submitted that the compensation awarded
under the conventional heads is on the lower side and prayed
for enhancement of the compensation by allowing the appeal.

8. On the other hand, learned counsel for the
respondent No.2/insurance company has fairly admitted that
the notional income fixed by KSLSA is higher than the amount
fixed by the Tribunal, but there is no document to prove the
income of the petitioner. Therefore, the judgment and award
passed by the Tribunal is just and proper and does not call for
any interference. Hence, sought for dismissal of the appeal.

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MFA No. 6720 of 2025



9. Having considered the rival submissions, this Court
has perused the entire appeal papers and trial court records.

10. Considering the rival arguments and material on
record, admittedly, the accident has occurred on 21.02.2023
and the notional income for year the 2023 is considered as
Rs.16,250/- per month as per the notification of Karnataka
State Legal Services Authority (KSLSA). In such
circumstances, the Tribunal erred in fixing the income at
Rs.14,000/- per month and the same requires reconsideration
by enhancing the income to Rs.16,250/- per month.
Accordingly, this court enhances the compensation awarded
under heads of “loss of future income due to disability” from
Rs.14,000/- per month to Rs.16,250/- per month.

11. Now coming to the compensation awarded under
other heads are concerned, the claimant/appellant was
hospitalized for 6 days and injuries suffered are with respect
to locomotor function of the body, which restrict the
movement of a person. Due to which, he has to undergo pain
and sufferings and requires complete bed rest at least for the

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MFA No. 6720 of 2025


period of 3 months. Therefore, the compensation awarded
under all heads except under medical expenses, transport
and future medical expenses, requires reconsideration.
Accordingly, this Court reassesses the compensation as
under:
Compensation
awarded by this
Court
1 Loss of future income due Rs.71,000/- Rs.81,900/-
(Rs.16,250/- x 12 x 6% x 7)
to disability
Sl.
No.
Particulars Compensation
awarded by
the Tribunal
2 Medical expenses Rs.1,45,000/- Rs.1,45,000/-
3 Pain and suffering Rs.36,000/- Rs.50,000/-
4 Loss of amenities and Rs.05,000/- Rs.25,000/-
happiness in life
5 Loss of earning during laid- Rs.10,000/- Rs.48,750/-
(Rs.16,250/- x 3)
off period
6 Extra nourishment and Rs.5,000/- Rs.10,000/-
nutrition
7 Food, conveyance and
attendant charges during
treatment
Rs.10,000/- Rs.10,000/-
8 Future medical expenses Rs.25,000/- Rs.25,000/-
TOTAL Rs.3,07,000/- Rs.3,95,650/-

12. Accordingly, the petitioner is entitled for enhanced
compensation of Rs.88,650/- rounded off to Rs.89,000/-,
which shall carry interest @ 6% p.a. from the date of petition
till realization.

13. For the aforesaid reasons, this Court proceeds to
pass the following:

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MFA No. 6720 of 2025


ORDER

(i) The appeal is allowed in part .

(ii) The judgment and award dated 30.06.2025
passed in MVC No.524/2023 by the Senior Civil
Judge, Additional MACT at Kundapura, so far
as petitioner/appellant is concerned, is hereby
modified and the petitioner/appellant is
entitled to total compensation of Rs.3,95,650/-
along with interest @ 6% p.a. from the date of
petition till realization.

(iii) The respondent No.2/insurance company shall
deposit the enhanced compensation before the
concerned Tribunal within an outer limit of six
weeks from the date of receipt of certified copy
of this order.

(iv) Upon deposit, the entire amount shall be
released in favour of the petitioner/appellant
forthwith on due identification.

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MFA No. 6720 of 2025



(v) Trial court records secured, if any, shall be
retransmitted to the concerned Tribunal
forthwith without causing any delay.

(vi) No order as to costs.


SD/-
(N.V.BHAVANI)
JUDGE










DR