SRI RAVI KUMAR K L @ RAVI vs M/S L V TRAVELS

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022



IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 06 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE S RACHAIAH


MISCELLANEOUS FIRST APPEAL NO. 5346 OF 2022

(MV-I)

BETWEEN:


1. SRI. RAVI KUMAR K. L. @ RAVI,


S/O LINGANNA,

AGED ABOUT 41 YEARS,

R/AT NO.36, RATHNAGIRI FORM,

KOMMAGHATTA, SULIKERE,

BENGALURU SOUTH,

BENGALURU – 560 060.


…APPELLANT
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka

(BY SRI. GURUDEV PRASAD K. T., ADVOCATE)

AND:

1. M/S. L. V. TRAVELS,
NO.19/12, DEEPA COMPLEX,
PAPAREDDY PALYA,
ND
NAGARABHAVI 2 STAGE,
BENGALURU – 560 072.

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022



2. THE REGIONAL MANAGER,
M/S. TATA AIG GENERAL
INSURANCE CO. LTD.,
REGIONAL OFFICE AT NO.69,
ND
2 FLOOR, JP AND DEVI
JABMUKESHWARA ARCADE,
MILLER ROAD,
BENGALURU – 560 052.

…RESPONDENTS
(BY SRI. S. V. HEGDE MULKHAD., ADVOCATE FOR R2;
R1 IS SERVED)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 01.01.2022, PASSED IN
MVC.NO.72/2020, ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE AND M.A.C.T. AT BENGALURU (SCCH-11),
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 S RACHAIAH

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022


ORAL JUDGMENT



1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 01.01.2022 passed in MVC
No.72/2020 on the file of the I Additional Small Causes Judge
and Motor Accident Claims Tribunal (SCCH-11) at Bengaluru
(for short, ‘Tribunal’), wherein the Tribunal awarded
compensation of Rs.10,90,552/- with interest at 9% per annum

from the date of petition till realization.
Brief facts of the case:

2. On 21.11.2019 at about 07.30 a.m., the appellant was
traveling with a pillion rider on a motorbike bearing registration
No.KA.41/EF.1192 on Uttarahalli Road from Kengeri side to
Uttarahalli side. When he reached near Krishnasagar Hotel,
Channasandra, Bengaluru, all of a sudden, a car bearing
registration No.KA.41.C.6749 dashed against the motorbike.
Consequently, the appellant fell down and sustained grievous
injuries and he was shifted to the hospital for treatment.
Thereafter, a claim petition was filed. The Tribunal awarded

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022


compensation as stated supra. Being aggrieved by the same,
the appellant is before this Court seeking enhancement of
compensation.

3. Heard Sri K.T. Gurudeva Prasad, learned counsel for
appellant and Sri S.V. Hegde Mulkhand, learned counsel for
respondent No.2.

4. The submission of the learned counsel for the appellant is
that the appellant had undergone treatment at Shreya Hospital,
Kengeri where he was an inpatient from 21.11.2019 to
30.11.2019 for ten days. However, the Tribunal has awarded
only a meager amount of compensation under the head of pain
and suffering. In addition to the same, the appellant has spent
more than Rs.6,00,000/- and produced medical bills towards
medical expenses.

5. It is further submitted that the Tribunal ought to have
considered the disability at 34% to the whole body. However,
the Tribunal has considered 20%, which is meager. Therefore,
the conventional heads are required to be enhanced by taking
into consideration the actual income, disability and the age of
the appellant in order to meet the ends of justice. Having said

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022


thus, learned counsel for the appellant prays to allow the
appeal.

6. Per contra , learned counsel representing the respondent
No.2 – Insurance Company vehemently submitted that the
Tribunal has passed the award which is appropriate. In fact,
the Insurance Company has not filed any appeal against the
award passed by the Tribunal. Hence, the appeal may be
dismissed.

7. Having heard learned counsel for the respective parties
and also on perusal of the findings of the Tribunal, the accident
had occurred on 21.09.2019. The appellant was aged about 39
years and was working as an Electrician. The notional income
for the year 2019 was Rs.14,000/-. No doubt, the Tribunal has
considered 20% of functional disability on going through the
documents available on record and also after having seen the
physical appearance of the appellant. Therefore, the same
would be considered as per the assessment of the Tribunal.
Hence, the loss of future income is recalculated as follows:
Rs.14,000 + 40% = Rs.19,600 x 20% x 12 x 15 =
Rs.7,05,600/-

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022



8. Thus, the other conventional heads are also required to
be modified as under:-


Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Towards injury, pain and 55,000 80,000
suffering
02 Towards medical 4,29,552 4,29,552
expenses
03 Towards Food and extra
nourishment & medical
attendant
4,000 10,000
04 Towards conveyance 10,000 10,000
28,000 56,000
05 Towards loss of earnings
during treatment
(14000x4)
06 Towards loss of future 5,04,000 7,05,600
earning capacity
07 Towards loss of 20,000 40,000
amenities
08 Towards future medical 40,000 40,000
expenses
TOTAL 10,90,552 13,71,152

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022


10. In the light of the observations made above, I proceed to
pass the following:-
ORDER

i) Miscellaneous First Appeal filed by the
claimant / appellant is allowed in part.

ii) The judgment and award dated
01.01.2022 passed in MVC No.72/2020 on the file of
the I Additional Small Causes Judge and Motor
Accident Claims Tribunal (SCCH-11) at Bengaluru, is
modified, granting compensation of Rs.13,71,152/-
(Rupees Thirteen Lakhs Seventy One Thousand One
Hundred and Fifty-two only) as against
Rs.10,90,552/- awarded by the Tribunal.

iii) The claimant is entitled to enhanced
compensation of Rs.2,80,600/- with interest at the
rate of 6% per annum from the date of petition till
realization.

iv) The entire compensation shall be
deposited before the Tribunal by the respondent

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HC-KAR
NC: 2026:KHC:55602
MFA No. 5346 of 2022


CNR: KAHC010342122022


No.2 within a period of 8 weeks from the date of
receipt of this order along with interest at the rate of
6% per annum from the date of filing the petition till
its realization.

v) The Tribunal is directed to release the
amount as per the ratio mentioned in its order.

vi) The Registry is directed to transmit the
records to the Tribunal forthwith for necessary
compliance.


Sd/-
(S RACHAIAH)
JUDGE










Bss
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