SRI RAGHU PRASAD vs THE MANAGER UNITED INDIA INSURANCE CO LTD
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 8276 OF 2022
(MV-I)
C/W
MISCELLANEOUS FIRST APPEAL NO. 8397 OF 2022
(MV-I)
IN MFA No. 8276/2022
BETWEEN:
1. SRI. RAGHU PRASAD,
S/O M. G. DIWAKAR,
AGED ABOUT 32 YEARS,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
R/AT MARALAGALA,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT – 571 907.
…APPELLANT
(BY SRI. VIJAY KUMAR T., ADVOCATE)
AND:
1. THE MANAGER,
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
UNITED INDIA INSURANCE CO. LTD.,
NO.40, LAKSHMI COMPLEX,
K. R. ROAD,
BENGALURU – 560 002.
2. SRI. MOHAMMED RIZWAN SHARIFF,
S/O YAKUB,
AGED MAJOR,
NO.110, BEEDI COLONY,
KERE ANGALA,
CHIKKA MANDYA – 571 402.
3. SRI. THIRUSELUAM,
S/O PICHAIAH N.,
AGED MAJOR,
R/AT P. PURA TOWN,
MANDYA – 570 401.
…RESPONDENTS
(BY SRI. ASHOK N. PATIL., ADVOCATE FOR R1;
R2 AND R3 ARE D/W)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 07.06.2022, PASSED IN
MVC.NO.1156/2019, ON THE FILE OF THE XXI A.C.M.M. AND
XXIII ADDITIONAL SMALL CAUSE JUDGE, BENGALURU, (SCCH-
25), PARTLY ALLOWING THE CLAIM PETITION FOR
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION
IN MFA NO. 8397/2022
BETWEEN:
1. MISS AKSHATHA B. S.,
D/O SATHISHA,
AGED ABOUT 22 YEARS,
R/AT NO.530,
THYAGARAJA MOHALLA,
WARD NO.19, BANNUR TOWN,
T. NARASIPURA TALUK,
MYSURU.
NOW R/AT MARALAGALA,
K. SHETTAHALLI HOBLI,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT - 571 807.
...APPELLANT
(BY SRI. VIJAY KUMAR T., ADVOCATE)
AND:
1. THE MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
NO.40, LAKSHMI COMPLEX
K. R. ROAD,
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
BENGALURU – 560 002.
2. SRI MOHAMMED RIZWAN SHARIFF,
S/O YAKUB,
AGED MAJOR,
NO.110, BEEDI COLONY,
KERE ANGALA,
CHIKKA MANDYA - 571 402.
3. SRI. THIRUSELUAM,
S/O PICHAIAH N.,
AGED MAJOR,
R/AT P. PURA TOWN,
MANDYA – 570 401.
...RESPONDENTS
(BY SRI. ASHOK N. PATIL., ADVOCATE FOR R1;
R2 AND R3 ARE D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT, AGAINST
THE JUDGMENT AND AWARD DATED 07.06.2022, PASSED
IN MVC NO.1157/2019, ON THE FILE OF THE M.A.C.T.,
COURT OF SMALL CAUSES AT BENGALURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THESE APPEALS ARE, COMING ON FOR FINAL 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:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
ORAL JUDGMENT
These two appeals are arising out of the common
judgment and award dated 07.06.2022 passed in
MVC.No.1156/2019 and MVC.No.1157/2019 on the file of Motor
Accident Claims Tribunal, Court of Small Causes, Bengaluru
seeking enhancement of compensation.
The brief facts of the case:
2. On 01.12.2018 at about 03.40 pm, the appellants
were traveling on the motorcycle at Mandya near 100 feet main
road. When they reached in front of Mahadeshwara Traders,
the rider of the motorcycle bearing No.KA-11-Y-7787 dashed
against the motorcycle of the appellants, as a result of which,
the appellants’ sustained injuries and after obtaining treatment,
filed two separate claim petitions before the Tribunal. The
Tribunal awarded compensation, which is on lower side.
Therefore, they are before this Court seeking enhancement of
compensation.
3. The submission of the learned counsel for the
appellants in both the cases that the Tribunal has committed
error in awarding the compensation in respect of the pain and
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
suffering, even though the appellants had sustained fractures.
It is further submitted that the compensation in respect of the
medical expenses, incidental charges, food and nourishment is
also on lower side. Further, it is submitted that the Tribunal has
considered both income as well as the disability, which is on
lower side that needs to be enhanced. Making such
submissions, learned counsel for the appellants prays to allow
the appeal.
4. Per contra , learned counsel for the respondent No.1
- Insurance Company vehemently justified the award passed by
the Tribunal as just and fair and prays to dismiss the appeal.
5. Having heard the learned counsel for the respective
parties and on perusal of findings of the Tribunal in awarding
the compensation in MFA No.8276/2022 (MVC.No.1156/2019),
the appellant had sustained fracture of right shaft of tibia and
other injuries, which are grievous in nature and his monthly
income has been considered at Rs.12,000/- per month and the
disability has been calculated to 10%. However, the Tribunal
ought to have considered at Rs.12,500/- per month, since the
accident occurred in the year 2018. Therefore, the
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
compensation under the heads of loss of future amenities and
loss of income during laid up period has also to be re-
determined as under:
Sl.
No.
Award amount
Particulars (in Rupees)
Tribunal This Court
01 Pain and suffering 50,000/- 50,000/-
02 Loss of income during laid up 12,000/- 37,500/-
period (Rs.12,500/- X 3)
03 Loss of future amenities 20,000/- 1,00,000/-
04 Attendance, conveyance,
food and nourishment
charges
17,000/- 17,000/-
TOTAL
99,000/- 2,04,500/-
6. In MFA.No.8397/2022 (MVC.No.1157/2019), the
Tribunal has considered notional income of the appellant as
Rs.10,000/-. However, it has to be considered at Rs.12,500/-,
since the accident occurred in the year 2018 and the disability
of 8% was considered by the Tribunal, however, the Doctor
opined that the disability of 39.92% to right upper limb which is
about to 13.31% of whole body. Therefore, it is appropriate to
consider 14%. In addition, the compensation awarded by the
Tribunal under the heads of pain and suffering, loss of future
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
income, loss of income during laid up period and loss of future
amenities has to be re-determined and enhanced as under:
Sl.
No.
Award amount
Particulars (in Rupees)
Tribunal This Court
01 Pain and suffering 30,000/- 50,000/-
02 Loss of income during laid up 10,000/- 37,500/-
period (Rs.12,500/- X 3)
03 Loss of future amenities 17,000/- 40,000/-
04 Attendance, conveyance,
food and nourishment
charges
17,000/- 17,000/-
05 Loss of future income 1,72,800/- 3,78,000/-
(Rs.12,500/- X 12 X 18 X 14%)
TOTAL
2,46,800/- 5,22,500/-
7. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i) The appeals are allowed in part.
ii) The common judgment and award dated
07.06.2022 passed in MVC.No.1156/2019 and
MVC.No.1157/2019 on the file of Motor Accident
Claims Tribunal, Court of Small Causes, Bengaluru, is
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HC-KAR
NC: 2026:KHC:60111
MFA No. 8276 of 2022
C/W MFA No. 8397 of 2022
CNR: KAHC010564512022
modified, granting compensation of Rs.2,04,500/- in
MFA No.8276/2022 and Rs.5,22,500/- in
MFA.No.8397/2022 with interest at the rate of 6%
per annum from the date of filing of petitions till
realization.
iii) The entire compensation amount shall be
deposited by the Insurance Company within a period
of six weeks from the date of receipt of the certified
copy of this common judgment.
iv) The Tribunal is directed to release the
entire amount in favour of the claimants.
v) The Registry is directed to communicate
the order to the Tribunal and send the records to the
Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
NR/-
List No.: 1 Sl No.: 50