SHANKARAPPA vs B.RAMANAIAH BATHULA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 05 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4697 OF 2020
BETWEEN:
1. SHANKARAPPA,
S/O SRI. RAMAPPA,
AGED ABOUT 33 YEARS,
R/A NO.194,
YELAGALAHALLI VILLAGE,
CHIKKABALLAPURA TALUK,
PARESANDRA POST,
KOLAR DISTRICT – 577 216.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
…APPELLANT
(BY SRI. LATUR SURESH MAHALINGAPPA, ADVOCATE)
AND:
1. B. RAMANAIAH BATHULA,
S/O SRI. VENKATADRI B,
D.NO.3-149-116, B.K. PALLI,
ATADRILAKSHMI NAGAR,
MADANAPALLE MANDAL,
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MFA No. 4697 of 2020
CNR: KAHC010328792020
CHITTOR DISTRICT,
ANDHRA PRADESH – 517 325.
2. THE MANAGER,
IFFCO TOKIO GENERAL
INSURANCE COMPANY LIMITED,
ND
NO.41, 2 FLOOR
NEXT TO MANDOVI MOTORS,
CRISTLE COMPLEX,
LAVELLE ROAD,
BENGALURU – 560 001.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
NOTICE TO R1 IS D/W V/O DT.27.6.2025)
----
MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 17.01.2020, PASSED IN
MVC.NO.7645/2016, ON THE FILE OF THE IX ADDITIONAL
SMALL CAUSES JUDGE AND A.C.M.M., COURT OF SMALL
CAUSES, MEMBER, M.A.C.T.-7 AT BENGALURU (SCCH-7),
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved
by the judgment and award dated 17.01.2020 passed in
M.V.C. No.7645/2016 on the file of the IX Additional
Small Causes Judge & ACMM, Court of Small Causes,
Member, Motor Accident Claims Tribunal-7, Bengaluru
(for short, ‘Tribunal’).
Brief facts of the case:
2. On 06.10.2016 at about 01.30 p.m., the claimant /
appellant was traveling as a passenger in an
autorickshaw bearing registration No.AP-03-TE-2364, on
Thirupathi Madanapalle Road. At that time, the driver of
the autorickshaw drove the vehicle with high speed, in a
rash and negligent manner and lost control over the
vehicle and dashed against left side tamarind tree, and as
a result of which, the appellant sustained severe injuries
all over the body. Immediately, he was shifted to the
Madanapalle Government Hospital, later, he was shifted
to Akash Hospital, Devanahalli and later, to St. John’s
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HC-KAR
NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
Hospital, Bengaluru. The appellant approached the
Tribunal by filing the claim petition. The Tribunal
awarded Rs.7,66,673/- along with interest at the rate of
6% per annum from the date of petition till realization.
3. Heard Sri Suresh M. Lathur, learned counsel for appellant
and Sri B.Pradeep, learned counsel for respondent No.2.
4. The submission of the learned counsel for the appellant is
that the Tribunal has failed to consider proper
compensation under all the conventional heads. The
learned counsel for the petitioner contended that the
accident occurred due to rash and negligent driving of the
autorickshaw driver, resulting in grievous injuries and
permanent disability to the petitioner. It was contended
that the petitioner, who was working as a painter and
earning Rs.20,000/- per month, was the sole breadwinner
of his family and he had suffered loss of earning capacity
and incurred medical expenses. Hence, the appellant has
sought compensation. Therefore, it has to be
reconsidered and the appeal may be allowed. Having
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NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
said thus, learned counsel for the appellant prays to allow
the appeal.
5. Per contra , learned counsel representing the respondent
No.2 – Insurance Company vehemently submitted that
the Tribunal has passed award properly. Hence, the
appeal may be dismissed.
6. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, the
Tribunal while taking the income of the injured for
computing the compensation under the loss of income
due to disability is of Rs.7,000/-, which is not in
consonance with the chart of Karnataka State Legal
Services Authority. Admittedly, the accident occurred in
the year 2016. The notional income was of Rs.9,500/-.
Adding 40% future prospects would comes around
Rs.13,300/-. The Tribunal while assessing the disability,
considered 30% which is on lower side. In fact, the
injured has suffered several fractures and it affected day-
to-day life and avocation. Therefore, 50% to be
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HC-KAR
NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
considered. Hence, the compensation is required to be
re-determined accordingly.
7. Consequently, the award of the Tribunal is modified and
the claimant / appellant would be entitled to the
compensation as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This
Court
01 Pain and Sufferings, mental 80,000 80,000
agony
02 Actual medical expenses 2,28,273 2,28,273
03 Special diet and Conveyance 10,000 10,000
04 Loss of future income due to
Permanent disability
4,28,400 13,56,600
(9500+40%=13300x12x17x50%)
05 Future medical expenses 20,000 40,000
Loss of Amenities - 40,000
TOTAL 7,66,673 17,54,873
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HC-KAR
NC: 2026:KHC:55280
MFA No. 4697 of 2020
CNR: KAHC010328792020
8. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal filed by the claimant /
appellant is allowed in part.
ii) The judgment and award dated 17.01.2020 passed
in M.V.C. No.7645/2016 on the file of the IX Additional
Small Causes Judge & ACMM, Court of Small Causes,
Member, Motor Accident Claims Tribunal-7, Bengaluru is
modified, granting compensation of Rs.17,54,873 /-
(Rupees Seventeen Lakhs Fifty Four Thousand Eight
Hundred Seventy Three only) as against Rs.7,66,673/-
awarded by the Tribunal.
iii) The claimant is entitled to entire compensation of
Rs.17,54,873/- with interest at the rate of 6% per
annum from the date of this appeal till realization.
iv) The entire compensation amount shall be deposited
by the respondent within a period of six weeks from the
date of receipt of the certified copy of this judgment.
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MFA No. 4697 of 2020
CNR: KAHC010328792020
v) The Tribunal is directed to release the entire
amount in favour of the claimant.
vi) The Registry is directed to communicate the order
to the Tribunal and send the records to the Trial Court
forthwith.
Sd/-
(S RACHAIAH)
JUDGE
BSS
List No.: 1 Sl No.: 46