SHANKARA NAIK vs. GOVINDAPPA NAIK

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NC: 2026:KHC:21380
MFA No. 6292 of 2025

HC-KAR




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 6292 OF 2025 (MV-I)

BETWEEN:


SHANKARA NAIK
S/O LAKSHMANAIK
AGED ABOUT 50 YEARS,
R/O KADAMALAKUNTE THANDA,
KASABA HOBLI, PAVAGADA TALUK,
TUMKUR DISTRICT - 572 137.
…APPELLANT
(BY SRI. K. SHANTHA RAJ, ADVOCATE)








AND:

1. GOVINDAPPA NAIK
S/O CHAMPA NAIK,
AGED ABOUT 50 YEARS,
RESIDING AT GUNDARLAHALLI VILLAGE,
KASABA HOBLI,
PAVAGADA TALUK - 561 202.

2. ICICI LOMBARD GEN.INS.CO.LTD.,
2ND FLOOR, SVR COMPLEX,
HOSUR MAIN ROAD,
BENGALURU - 560 068,
BY ITS MANEGER.
…RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY N.A., ADVOCATE FOR
SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 28.10.2025, NOTICE TO R1
DISPENSED WITH)




Digitally
signed by
PADMASHREE
SHEKHAR
DESAI
Location: High
Court of
Karnataka

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MFA No. 6292 of 2025

HC-KAR


THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT. 22.05.2025 PASSED IN MVC NO.
538/2020 ON THE FILE OF THE SENIOR CIVIL JUDGE AND
MACT, PAVAGADA, PARTLY ALLOWING THE CLAIM PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA

ORAL JUDGMENT
This appeal is filed by the appellant/claimant under
Section 173(1) of Motor Vehicles Act, 1988 challenging the
judgment and award dated 22.05.2025 passed in MVC
No.538/2020 on the file of the Senior Civil Judge and MACT,
Pavagada, seeking enhancement of the compensation.
2. Heard the arguments of the learned counsel for the
appellant and learned counsel for respondent No.2/Insurance
Company. The ranks of the parties are retained as per Tribunal
for the sake of convenience.

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NC: 2026:KHC:21380
MFA No. 6292 of 2025

HC-KAR


3. The petitioner/injured claimant met with an
accident on 17.12.2019 and filed petition before the Tribunal
for compensation of Rs.20,00,000/-. The Tribunal considering
the entire evidence on record granted an amount of
Rs.3,91,735/- with interest at the rate of 6% p.a., from the
date of filing the petition till the date of realization. Being
aggrieved by the said order, this appeal is filed and mainly
contended that the petitioner/injured was aged 45 years at the
time of the accident and was working as a mason, earning
Rs.35,000/- per month. But the Tribunal erred in taking his
income at Rs.14,000/- per month. The petitioner examined the
doctor as PW.2 and he assessed the disability at 25% to the
limb and 10% to the whole body. The petitioner was admitted
as an inpatient for 20 days. Considering his occupation as a
mason, the functional disability ought to have been taken at
100%. Therefore, requested for enhancement of the
compensation.
4. Learned counsel for respondent No.2 stated that the
rd
doctor assessed the disability of both limbs at 20% and 1/3
of the same can be taken as 7%. As per the PAN card, the
petitioner’s date of birth is 01.01.1970. The accident occurred

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NC: 2026:KHC:21380
MFA No. 6292 of 2025

HC-KAR


on 17.12.2019 and thus the petitioner was aged 49 years, 11
months and 15 days as on the date of the accident. Therefore,
the Tribunal has rightly considered his age as 49 years and
applied the multiplier of ‘13’ and it is to be confirmed.
5. Though the petitioner/injured stated that he was
earning Rs.35,000/- per month, he has not filed any income
proof. As he met with an accident in the year 2019, the
Tribunal has rightly considered his notional income as
Rs.14,000/- per month, as per the chart prepared by the
Karnataka State Legal Services Authority. The age of the
petitioner is 49 years and the relevant multiplier is '13'. The
petitioner filed Ex.P.5- Wound certificate, Ex.P.11-Out patience
record, Ex.P.12-Lab report and Ex.P.9-OPD slip. Petitioner also
examined the doctor as CW.1. As per Ex.P.5-Wound certificate,
the petitioner sustained grievous injuries as follows:
"1) 3 cm x 5 cm lacerated wound over right
leg with fracture of both the bones of right
leg,
2) Fracture at left wrist lower end and
radius,
3) 2 x 4 cm cut lacerated wound of left ear
pinna, and
4) 1 x 1 cm lacerated would over forehead".

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MFA No. 6292 of 2025

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6. He underwent Orthopedic surgery in A.R. Ortho
Center, Hindupur on 17-12-2019 surges five fracture of bones
of right leg and fracture of lower and left redius. He was
inpatient for 6 days. The Doctor assessed the permanent
disability of right leg at 10%, left leg is 15% and 10% of whole
rd
body. The doctor has taken 1/3 of 20% i.e., as 6.70%. But it
is to be taken as 7%. Accordingly, the 'loss of future earning
capacity' comes to Rs.1,52,880/- (14,000/- x 12 x 13 x 7%).
The Tribunal has granted a sum of Rs.1,45,695/- towards
medical expenses and the said amount is confirmed.
7. Learned counsel for the appellant further stated
that apart from 6 days he was also admitted in the hospital for
15 days in Pavagad hospital. Considering the nature of injuries,
period of hospitalization and other relevant factor, this Court
finds it reasonable to grant an amount of Rs.50,000/- towards
'pain and suffering, Rs.25,000/- towards 'loss of amenities',
and Rs.30,000/- towards 'transportation extra nourishment
and attendant charges'. The petitioner might not have attended
any other work at least for a period of 3 months. Therefore, a
sum of Rs.42,000/- (Rs.14,000 x 3) awarded under the head
of 'loss of income during laid up period'.

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8. Thus in all, compensation awarded by this Court is
as below:

9. Hence, the appellant-claimant is entitled for a total
compensation of Rs.4,45,575/- along with interest at the rate
of 6% p.a.
10. In the result, the following order is passed:
ORDER
i. Appeal is allowed in part.

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MFA No. 6292 of 2025

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ii. The judgment and award dated 22.05.2025
passed in MVC No.538/2020 on the file of the
Senior Civil Judge and MACT, Pavagada, is
modified.

iii. The claimant is entitled to a sum of
Rs.4,45,575/- along with interest at 6% p.a.,
from the date of petition till the date of
realization, instead of Rs.3,91,735/- granted
by the tribunal.

iv. Respondent No.2/Insurance Company has
already deposited the awarded amount before
the Tribunal. Therefore, respondent
No.2/Insurance Company is directed to deposit
the enhanced compensation of Rs.53,840/-
along with the interest at the rate of 6% within
one month from the date of this order.

v. On such deposit, petitioner is permitted to
withdraw the entire amount along with interest
accrued on the same.


Sd/-
(P SREE SUDHA)
JUDGE
AMA,AMM
List No.: 1 Sl No.: 76