SHANTHAPPA S M vs THIPPESHAPPA S P
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 5465 OF 2021
(MV-I)
BETWEEN:
1. SHANTHAPPA S. M.,
S/O MALLAPPA,
AGED ABOUT 34 YEARS,
R/O SAMATHALA VILLAGE,
TARIKERE TALUK,
CHIKKAMAGALURU DISTRICT.
NOW R/AT C/O N. RAJAPPA,
S/O NANJAPPA,
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
R/O ANIVALA VILLAGE,
KASABA HOBLI,
HOSADURGA TALUK ,
CHITRADURGA DISTRICT.
…APPELLANT
(BY SRI. NAGARAJA C., ADVOCATE)
AND:
1. THIPPESHAPPA S. P.,
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
S/O PURADAPPA,
AGED MAJOR,
R/O SOWTHANAHALLI,
POST SOLLAPURA, TARIKERE TALUK,
CHIKKAMAGLAURU DISTRICT- 577 548.
2. THE DIVISIONAL MANAGER,
UNITED INDIA INSURANCE CO. LTD.,
OPP. IDBI BANK. DAVANGERE ROAD,
CHITRADURGA.
…RESPONDENTS
(BY SRI. RAVISH BENNI., ADVOCATE FOR R2;
R1 IS SERVED AND UNREPRESENTED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 18.01.2020, PASSED IN MVC
NO.1124/2018, ON THE FILE OF THE II ADDITIONAL SENIOR
CIVIL JUDGE, M.A.C.T.-V AT CHITRADURGA,
PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION
AND SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, 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:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
ORAL JUDGMENT
1. This appeal has been filed by the appellant/claimant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 18.01.2020 passed in MVC
No.1124/2018 on the file of the learned II Additional Senior
Civil Judge and MACT, Chitradurga (for short, ‘Tribunal’),
wherein the Tribunal awarded compensation of Rs.3,71,800/-
with interest at the rate of 7% p.a. from the date of petition, till
realization.
2. The fact of the case is that on 12.05.2018 at about
6.45 p.m., the appellant was riding a motorcycle bearing Reg.
No KA-18-W-4867 from Amruthapura Village to Kuntinamadu
Village. When he reached near Kuntinamadu Village of Arikere
Taluk, near the Kantharaju Poultry farm, the rider of the
motorcycle bearing Reg. No. KA-18-EC-6164 came from
opposite direction in a rash and negligent manner so as to
endanger the human life and dashed against the appellant’s
motorcycle. As a result of which, he sustained injuries. After
obtaining necessary treatment, the claim petition was filed by
him before the Tribunal. The Tribunal after appreciating both
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
oral and documentary evidence on record, awarded
compensation of Rs.3,71,800/- under the different heads.
Being aggrieved by the same, he has preferred this appeal.
3. Heard Sri. Nagaraj R.C. learned counsel for appellant and
Sri Raish Benni, learned counsel for respondent No.2, learned
counsel for respondent No.2. Respondent No.1 is served and
unrepresented.
4. Learned counsel for the appellant submitted that the
Tribunal has failed to award appropriate compensation under
the different conventional heads viz., pain and sufferings,
medical expenses, loss of amenities and loss of income during
laid up period and also loss of future income. Therefore, all
these heads are required to be enhanced and sought
modification of the said award. Making such submissions,
learned counsel for the appellant prays to allow the appeal.
5. Per contra, learned counsel representing the respondent
No.2 – Insurance Company justified the award passed by the
Tribunal and stated that the Tribunal has awarded fair
compensation which requires no modification. Making such
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
submissions, learned counsel for respondent No.2 – Insurance
Company prays to dismiss the appeal.
6. Having heard learned counsel for the respective parties
and on perusal of the award passed by the Tribunal, it appears
that, the accident is of the year 2018, the appellant did not
produce any documents to show that he was earning more than
Rs.5,00,000/- per annum and Rs.1,000/- per day from
agriculture and dairy farming. Therefore, the notional income
has to be considered to re-calculate the loss of future income.
7. The Tribunal while considering the loss of future income,
had taken notional income of the injured was taken as
Rs.9,000/- per month. However, the notional income of the
injured should have been considered as Rs.12,500/- per month
as per the chart issued under KALSA.
8. In addition to the said enhancement, under the head of
'pain and suffering', considering the three injuries sustained by
the claimant, it is appropriate to award an additional
sum of Rs. 40,000/- to meet the ends of justice.
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
9. Under the head of loss of amenities, an additional sum of
Rs.25,000/- should be awarded, considering the facts and
circumstances of the case.
.
10. In the light of the observations made above, the
modified award along with the original award passed by the
Tribunal is given below in the table as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of future income
1,72,800 2,40,000
12,500x12x16x10%
02 Pain and suffering 20,000 60,000
03 Medical expenses 1,30,000 1,30,000
04 Conveyance, food, 3,000 3,000
nourishment,
05 Loss of income during 18,000 18,000
laid up period
06 Loss of amenities in life 15,000 40,000
07 attendant charges 3,000 3,000
08 Transportation and 10,000 10,000
incidental charges
TOTAL 3,71,800 5,04,000
-3,71,800
=1,32,200
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
8. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal is allowed-in-part.
ii) The judgment and award dated 18.01.2020 in
MVC No.1124/2018 passed by the learned II Additional
Senior Civil Judge and MACT, Chitradurga, is modified,
granting compensation of Rs.5,04,000/- (Rupees Five
Lakhs Four Thousand only) as against Rs.3,71,800/-
awarded by the Tribunal.
iii) The claimant is entitled to enhanced compensation of
Rs.1,32,300/- (Rupees One Lakh Thirty-two
Thousand Three Hundred only) with interest at the
rate of 6% per annum from the date of the petition till its
realisation.
iv) The enhanced compensation amount shall be deposited
by the Insurance Company within a period of six weeks
from date of receipt of the certified copy of this
judgment.
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HC-KAR
NC: 2026:KHC:54405
MFA No. 5465 of 2021
CNR: KAHC010286772020
v) The Registry is directed to communicate the order to the
Tribunal and send the records to the Tribunal forthwith.
Sd/-
(S RACHAIAH)
JUDGE
JS/-
List No.: 1 Sl No.: 38