ANANDA vs RAMACHANDRA BHAT
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 6334 OF 2026
(MV-I)
BETWEEN:
ANANDA
S/O. NARAYANA POOJARI
AGED ABOUT 51 YEARS
R/AT D.No.5-342, BEJJABETTU
GURUPURA, MULUR
MANGALORE - PIN 574 145.
… APPELLANT
(BY SMT. POOJA PARVATHI, ADVOCATE
SRI. G. RAVISHANKAR SHASTRY, ADVOCATE)
AND:
1. RAMACHANDRA BHAT
ADULT, S/O. SHAMA BHAT M
R/AT D.NO.4-97, MULIYA HOUSE
SATHYASAYI VIHAR, ALIKE
BANTWAL TALUK PIN-574 235.
2. THE DIVISIONAL MANAGER
ORIENTAL INSURANCE CO.LTD.,
NEAR ROOPA HOTEL, BALMATTA ROAD
HAMPANKATTA, MANGALORE PIN-575 001.
…RESPONDENTS
(BY SRI ASHOK N PATIL, ADVOCATE FORR2
V/O DTD. 07.09.2026, 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:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:27-10-2025
PASSED IN MVC No.315/2022 ON THE FILE OF THE VI
ADDITIONAL DISTRICT AND SESSIONS JUDGE AND MACT
D.K. MANGALURU 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 27.10.2025 passed in MVC
No.315/2022 by VI Additional District and Sessions Judge
and MACT, D.K.Mangaluru.
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.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 22.12.2021 contending
that the accident occurred due to rash and negligent
driving of the driver of Omni Car bearing registration
No.KA-12/M-9563. 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. Head of Compensation Amount
1. Pain and Sufferings Rs.40,000.00
2. Loss of future income due to Rs.2,10,600.00
disability
3. Medical expenses and future Rs.1,57,223.00
medical expenses
4. Conveyance, food and
nourishment, attendant
charges and other incidental
expenses
Rs.4,000.00
5. Loss of income during laid up Rs.15,000.00
period
6. Loss of amenities in life/Life
comforts and expectancy of
life
Rs.15,000.00
Total Rs.4,41,823/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
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 22.12.2021 and as
on the date of accident the claimant was aged 46 years.
Considering the said age of the claimant, the Tribunal has
rightly applied multiplier ‘13’.
7. The claimant's avocation is stated to be
welder. Ex.P1 is the certificate issued by R.R. Engineering
by its proprietor where it is stated that the injured -
claimant was working as a welder for the last 05 years
and getting salary of Rs.18,000 /- per month by cash. The
Tribunal has not considered the said document on the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
ground that its author is not examined. The Hon'ble Apex
Court in the case of Rajwati @ Rajjo and Ors Vs
1
United in India Insurance Co. Ltd has held that the
salary certificate can be considered even though the
author is not examined. Therefore, the income of the
claimant is to be taken at Rs.18,000/- per month.
8. P.W.2 is the doctor who has examined the
claimant, assessed his disability and stated that the
claimant has sustained 11% disability to the upper limb
and 21% disability to the left lower limb. The Tribunal has
taken disability at 9%. In cases of disability to the upper
th
limb, 1/4 of the same is to be taken as disability to the
whole body and in cases of disability 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 9.75%
(2.75% + 7%) to the whole body. In view of the same,
1
2022 SCC OnLine SC 1699
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
loss of future income due to disability is calculated as
under:
Rs.18,000/- x 12 x 13 x 9.75% = Rs.2,73,780/-.
9. The claimant has sustained the following
injuries:
i) Lacerated wound on the left side of the
head over the left parieto-occipital region
measuring 2cm x 0.5cm x bone deep.
ii) Reddish abraded contusion on the left side
of the head measuring 1.5cm x 1.5cm.
iii) Reddish abrasion on the back of the left
elbow measuring 2cm x 1cm.
iv) Reddish abraded contusion on the left
forearm measuring 3.5cm x 2cm with
overlying swelling and deformity with
underlying fracture of both bones (radius
and ulna) of left forearm (X-Ray of Left
Forearm AP/Lateral dated 22-12-2021].
v) Reddish abrasion on the left wrist
measuring 1.5cm x 1.5cm.
vi) Reddish abrasion on the right hand
measuring 1.5cm x 1cm.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
vii) Reddish abraded contusion on the left side
of the chest measuring 3cm x 2cm.
viii) Reddish abraded contusion on the left hip
measuring 4.5cm x 3cm with underlying left
femur intertrochanteric fracture [X-Ray of
Pelvis AP+ Bilateral Hips dated 22-12-
2021].
ix) Reddish abrasion on the left knee
measuring 2cm x 1cm.
x) Reddish abrasion on the right ankle
measuring 2cm x 1cm.
Out of those 10 injuries, 02 are fractures and other
08 are simple injuries. Considering the said injuries, the
compensation awarded by the Tribunal towards pain and
suffering in a sum of Rs. 40,000/- is enhanced to
Rs.1,00,000/- and loss of amenities awarded in a sum of
Rs.15,000/- is enhanced to Rs.80,000/-. The Tribunal
considering the documents produced and evidence of the
doctor with regard to future medical expenses has rightly
awarded Rs. 1,57,223/- which includes Rs.30,000/-
towards future medical expenses. The claimant has been
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
admitted in the hospital for 04 days and considering the
same, the Tribunal has rightly awarded Rs.4,000/-
towards attendant and conveyance charges, food and
nourishment etc,. Considering the injuries and fracture
sustained by the claimant, he has to take rest at least for
03 months and therefore, he is entitled to loss of income
during laid up period in a sum of Rs.54,000/-
(Rs.18,000/- x 03 months) as against Rs.15,000/-
awarded by the Tribunal.
10. 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 1,00,000/-
02. Towards Medical Expenses
and future medical
expenses
1,57,223/-
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
4,000/-
04. Towards loss of amenities 80,000/-
05. Towards loss of future 2,73,780/-
income due to disability
06. Toward loss of income 54,000/-
during laid up period
Total 6,69,003/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
The claimant is entitled to total compensation of
Rs.6,69,003/- as against Rs.4,41,823/- as awarded by
the Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs. 2,27,180/- 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.
11. 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.2,27,180/- with
interest at the rate of 6% per annum from the
date of petition till realisation.
iii) Respondent No.2 -insurer shall deposit the
said enhanced compensation with interest
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60168
MFA No. 6334 of 2026
CNR: KAHC010594042026
before the Tribunal within a period of 06
weeks from this day.
iv) 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.: 1 Sl No.: 44
Ct.sm