BEERAPPA @ RAVI vs MANJU NAIDU
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RD
DATED THIS THE 3 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 5287 OF 2016 (MV-I)
BETWEEN:
BEERAPPA @ RAVI
AGED ABOUT 32 YEARS
S/O NINGAPPA, LORRY DRIVER
R/O HOSAHALLI-LAXMIPURA VILLAGE,
SHIVAMOGGA TALUK - 577 201
…APPELLANT
(BY SRI. CHIDAMBARA G.S, ADVOCATE)
AND:
1. MANJU NAIDU
AGED ABOUT 26 YEARS
S/O YOGESH NAIDU
R/O 2ND CROSS
MELINA THUNGANAGAR
SHIVAMOGGA CITY - 577 202.
2. M/S. CHOLAMANDALAM GENERAL
INSURANCE CO. LTD.,
HUBLI, BRANCH OFFICE AT
SHIVAMOGGA - 577 201.
…RESPONDENTS
Digitally signed
by KHAJAAMEEN
MALAGHAN
Location: HIGH
COURT OF
KARNATAKA
(BY SRI. SHRIDHARA K, ADVOCATE FOR R1;
SRI. B. PRADEEP, ADVOCATE FOR R2)
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 25.11.2015 PASSED IN MVC
NO.8/2013 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL
JUDGE, ADDITIONAL MACT, SHIVAMOGGA, 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 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 25.11.2015 passed in MVC
No.8/2013 on the file of the II Additional Senior Civil Judge and
Additional MACT-8, Shivamogga, seeking enhancement of the
compensation.
2. Heard the arguments of learned counsel for the
both sides. The ranks of the parties are retained as per
Tribunal for the sake of convenience.
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
3. The petitioner/injured claimant met with an
accident on 03.05.2012 and filed petition before the Tribunal
for compensation of Rs.5,00,000/-. The Tribunal considering
the entire evidence on record granted an amount of
Rs.88,000/-with interest at the rate of 6% p.a., from the date
of filing the petition till the date of realization.
4. Aggrieved by the said order, this appeal is filed and
mainly contended that the petitioner was working as a lorry
driver and earning Rs.10,000/- per month. But the Tribunal has
taken his monthly income at Rs.6,000/-, which is on the lower
side. The petitioner has produced Ex.P.1–wound certificate and
Ex.P.2–treatment certificate. He sustained two grievous injuries
and underwent treatment as an inpatient for a period of four
days. The Tribunal has awarded meagre amounts under the
other heads. The Tribunal has awarded interest at the rate of
6% per annum, which is also on the lower side. Therefore,
requested for enhancement of the compensation.
5. Though the petitioner stated that he was working
and earning Rs.10,000/- per month, he has not filed any
income proof. As he met with an accident in the year 2012, this
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
Court finds it reasonable to take his notional income as
Rs.7,000/- per month, as per the chart prepared by the
Karnataka State Legal Services Authority. The petitioner was
aged 28 years and the relevant multiplier is ‘17’. The petitioner
has filed Exs.P.1 and P.49-wound certificates and Ex.P.2-
treatment certificate. But he has not examined the doctor. The
petitioner has filed Ex.P.1 and Ex.P.49-wound certificates,
issued by two different hospitals and the petitioner suffered
abrasion over right shoulder, sutured wound over right heel,
multiple abrasion over jaw and sutured wound over scalp
closed head injury. Out of five injuries, two injuries are
grievous in nature and others are simple. He was admitted in
the hospital as an inpatient for a period of seven days.
Considering the nature of injuries, period of hospitalization and
other relevant factors, this Court finds that it is just and
reasonable to grant an amount of Rs.50,000/- towards pain
and suffering, Rs.20,000/- 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 three months, due to the
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
injuries sustained in the accident. Therefore, a sum of
Rs.21,000/- (7,000x3) is to be granted under the head loss of
income during the laid up period. The Tribunal already granted
Rs.30,000/- towards medical expenses and the said amount is
confirmed.
6. Thus in all, compensation awarded by this Court is
as below:
Sl.Nos. Particulars Amount in Rs.
1. Towards pain and suffering 50,000/-
2 Towards medical expenses 30,000/-
3 Towards transportation, extra
nourishment and attendant
charges
30,000/-
4. Towards loss of amenities 20,000/-
5. Towards loss of income during 21,000/-
the laid up period
Total 1,51,000/-
7. Hence, the appellant-claimant is entitled for a total
compensation of Rs.1,51,000/- along with interest at the rate
of 6% p.a.
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
8. In the result, the following order is passed:
ORDER
allowed
i. The appeal is in part.
ii. The judgment and award dated 25.11.2015
passed in MVC No.8/2013 on the file of the II
Additional Senior Civil Judge and Additional
MACT-8, Shivamogga, is modified.
iii. The claimant is entitled to a sum of
Rs.1,51,000/- along with interest at 6% p.a.,
from the date of petition till the date of
realization, instead of Rs.88,000/- granted by
the Tribunal.
iv. Respondent No.2/Insurance Company has
already deposited the award amount before
the Tribunal. Therefore, respondent
No.2/Insurance Company is directed to deposit
enhanced compensation of Rs.63,000/- along
with the interest at the rate of 6% within one
month from the date of this order.
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HC-KAR
NC: 2026:KHC:48221
MFA No. 5287 of 2016
CNR: KAHC010373772016
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
List No.: 1 Sl No.: 49