MADHU R M vs NAGARAJA M
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 5289 OF 2026
(MV-I)
BETWEEN:
MADHU R M
S/O. MUNIVENKATASWAMY
AGED ABOUT 26 YEARS
SRINIVASPURA TALUK
KOLAR DISTRICT.
NOW R/O. VEMGAL VILLAGE
VEMGAL HOBLI, KOLAR DISTRICT.
…APPELLANT
(BY SRI H PAVANA CHANDRA SHETTY, ADVOCATE)
AND:
1. NAGARAJA M
S/O. LATE. MUNIYAPPA
R/O. YALUVAGULI VILLAGE
TEKAL POST, MALUR TALUK.
2. UNITED INDIA INSURANCE CO. LTD.,
SUGUNA NURSING HOME COMPLEX,
ANTHRANGANGE ROAD, KOLAR TOWN.
REP. BY MANAGER.
…RESPONDENTS
(BY SRI K NAGARAJAIAH, ADVOCATE FOR R -2
V/O DTD. 24.07.2026, NOTICE TO R1 IS DISPENSED WITH)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:01.06.2026.
PASSED IN MVC No. 141/2025 ON THE FILE OF THE I ADDL.
DISTICT AND SESSIONS JUDGE AND MOTOR ACCIDENTS
CLAIM TRIBUNAL AT KOLAR. , 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 01.06.2026 passed in MVC No.141/2025 by I
Additional District and Sessions Judge and MACT, Kolar.
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 18.06.2025 contending
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
that the accident occurred due to rash and negligent
driving of the driver of car bearing registration No.KA-
05/MB-8766. 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. Particulars Amount (in
Rs.)
1 Towards pain and agony 35,000
2 Towards permanent
disability and loss of future
earning capacity
3,67,200
3 Towards medical expenses
and future medical expenses
62,000
4 Towards incidental charges 10,000
5 Towards Loss of amenities 10,000
6 Towards Loss of Income 10,000
Total compensation 4,94,200
amount
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
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
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 18.06.2025 and as on
the date of accident, the claimant was aged 25 years.
Learned counsel for appellant submits that the appellant is
not disputing the disability taken by the Tribunal at 10%
to the whole body.
7. The notional income fixed for the year 2025 is
Rs.18,000/- per month and the said income is to be taken
as against Rs.17,000/- as taken by the Tribunal. The
Tribunal has rightly applied multiplier ‘18’ as the claimant
is aged 25 years. Considering the same, the claimant is
entitled to loss of future income due to disability as under:
Rs.18,000/- x 12 x 18 x 10% = Rs.3,88,800/-.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
8. The claimant has sustained only one fracture
and considering the same, the compensation awarded
towards pain and suffering in a sum of Rs.35,000/- is just
and proper. Considering the said fracture, the
compensation awarded by the Tribunal towards loss of
amenities in a sum of Rs.10,000/- is enhanced to
Rs.20,000/-. The Tribunal considering the medical bills has
rightly awarded medical expenses of Rs.62,000/- and
incidental charges of Rs.10,000/-. Considering the said
fracture, the claimant has to take rest at least for 01
month and therefore, he is entitled to loss of income
during laid up period in a sum of Rs.18,000/- as against
Rs.10,000/- as awarded by the Tribunal.
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 35,000/-
02. Towards Medical Expenses
and future medical
expenses
62,000/-
03. Towards incidental charges 10,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
04. Towards loss of amenities 20,000/-
05. Towards loss of future 3,88,800/-
income due to disability
06. Toward loss of income 18,000/-
during laid up period
Total 5,33,800/-
The claimant is entitled to total compensation of
Rs.5,33,800/- as against Rs.4,94,200/- as awarded by the
Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.39,600/- with
interest at the rate of 6% per annum from the date of
petition till realization. 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.
ii) The appellant -claimant is entitled to enhanced
compensation of Rs.39,600/- with interest at
the rate of 6% per annum from the date of
petition till realization.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59890
MFA No. 5289 of 2026
CNR: KAHC010485842026
iii) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before the
Tribunal within a period of 06 weeks from this
day.
iv) The appellant -claimant is entitled to release of
entire enhanced compensation amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 35
Ct.sm