SRI PAVAN K vs SRI KARTHIK
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 15 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 5341 OF 2026
(MV-I)
BETWEEN:
SRI PAVAN K
S/O KULLAYAPPA
AGED ABOUT 46 YEARS
TH
R/AT No.391, 6 CROSS
TH
7 MAIN KUMARASWAMY LAYOUT
ND
2 STAGE NEAR, 15F BUS STOP
J P NAGAR BENGALURU -78.
…APPELLANT
(BY SRI. A S GIRISH, ADVOCATE)
AND:
1. SRI KARTHIK
S/O DHARMA
No. 80, NEAR GANESH TEMPLE
TH ST
238 CROSS, 1 MAIN ROAD
VINAYAKANAGARA
SHAKTHIVEL NAGARA
ADUGODI, BENGALURU -30.
(OWNER OF MOTOR CYCLE
BEARING KA-05-LM-1228).
2. LIBERTY GENERAL INSURANCE
COMPANY LIMITED
ST
No.1 ALYASSA, 1 FLOOR REAR PORTION
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
OLD No. 28, NEW No. 23
RICHMOND ROAD, RICHMOND TOWN
BENGALURU -560 025.
BY ITS MANAGER
(INSURER OF MOTOR CYCLE
BEARING KA-05-LM-1228)
…RESPONDENTS
(BY SRI RAVI SAMPRATHI, ADVOCATE FOR R2
V/O DTD. 28.07.2026, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AWARD DATED:2.06.2025
PASSED IN MVC No. 4727/2023 ON THE FILE OF THE III
ADDITIONAL JUDGE AND MEMBER, MACT, COURT OF SMALL
CAUSES, BENGALURU (SCCH-18),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 appellant -claimant seeking
enhancement of compensation awarded in judgment and
award dated 02.06.2025 passed in MVC No.4727/2023 by
III Additional Judge, Court of Small Causes and MACT,
Bengaluru (SCCH-18).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
learned counsel for appellant and learned counsel for
respondent No.2 –insurer.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 16.05.2023 contending
that the accident occurred due to rash and negligent
driving of the driver of bike bearing registration No.KA-
05/LM-1228. The Tribunal after recording the evidence of
the parties, appreciating the evidence assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and Suffering 35,000/-
02. Loss of income during laid 16,000/-
up period and rest period
03. Medical expenses 10,830/-
04. Attendant, Nourishment 4,000/-
and Conveyance charges
05. Loss of future income due 2,15,040/-
to disability
06. Loss of amenities 5,000/-
07. Future medical expenses NIL
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
Total 2,85,870/-
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimant seeking
enhancement of compensation has filed the present
appeal.
5. Heard learned counsel for the appellant and
learned counsel for respondent No.2 –insurer.
6. The accident occurred on 16.05.2023 and as on
the date of accident, the claimant was aged 43 years.
Considering the said age of the claimant, the Tribunal has
rightly taken multiplier ‘14’. The notional income fixed for
the year 2023 is Rs.16,250/- per month and the said
income is to be taken as against Rs.16,000/- as taken by
the Tribunal.
7. The claimant has sustained the following
injuries:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
i. Abrasion present over outer aspect of upper third
of right forearm measuring 3cmx2cm
ii. Abrasion present over thenar eminence of palmar
aspect of left hand measuring 2cmx2cm
iii. abrasion present over outer aspect of lower end
of right foot measuring 2.5cmx2cm
iv. Abrasion present over antero lateral aspect of
right little toe measuring 1.5cm x 1cm
v. Swelling with tenderness present over outer
aspect of lower end of left forearm.
Considering the said injury, the compensation
awarded towards pain and suffering in a sum of
Rs.35,000/- is enhanced to Rs.45,000/- and loss of
amenities awarded in a sum of Rs.5,000/- is enhanced to
Rs.25,000/-. Considering the injuries sustained, the
claimant is entitled to incidental expenses of Rs.15,000/-
as against Rs.4,000/- as awarded by the Tribunal. The
Tribunal has rightly awarded medical expenses of
Rs.10,830/-. Considering the said injury sustained by the
claimant, the claimant has to take rest at least for 03
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
months and therefore, he is entitled to loss of income
during laid up period in a sum of Rs.48,750/- (Rs.16,250/-
x 3 months).
8. The doctor who has examined the claimant
assessed his disability and stated that the claimant has
sustained 32% disability to the limb and 11% to the whole
body. Considering the injuries sustained to the lower limb,
rd
1/3 of the same is to be taken as disability to the whole
body. Therefore, the disability to be taken is 11% as
against 8% as taken by the Tribunal. In view of the same,
the claimant is entitled to loss of future income due to
disability as under:
Rs.16,250/- x 12 x 14 x 11% = Rs.3,00,300/-.
9. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 45,000/-
02. Towards Medical Expenses 10,830/-
03. Towards incidental charges 15,000/-
04. Towards loss of amenities 25,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
05. Towards loss of future 3,00,300/-
income due to disability
06. Toward loss of income 48,750/-
during laid up period
Total 4,44,880/-
The claimant is entitled to total compensation of
Rs.4,44,880/- as against Rs.2,85,870/- as awarded by the
Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.1,59,010/- with
interest at the rate of 6% per annum from the date of
petition till realization. The appellant -claimant is not
entitled to interest for the delay period of 313 days in
filing the appeal as per order dated 28.07.2026 passed on
IA No.1/2026. Respondent No.2 -insurer is liable to pay
the said enhanced compensation with interest.
10. In view of the above, the following
ORDER
i) The appeal is allowed in part.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58439
MFA No. 5341 of 2026
CNR: KAHC010490962026
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.1,59,010/- with interest at
the rate of 6% per annum from the date of
petition till realization.
iii) The appellant -claimant is not entitled to
interest for the delay period of 313 days in
filing the appeal.
iv) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before the
Tribunal within a period of 06 weeks from this
day.
v) The appellant -claimant is entitled to release of
entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 2 Sl No.: 25
Ct.sm