VENKATESH B vs JAYASHANKARA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO.5795 OF 2026(MV-I)
BETWEEN:
VENKATESH B.,
S/O BHIMASHETTY,
AGED ABOUT 68 YEARS,
R/AT DATTEHALLA VILLAGE,
H.D.KOTE TQ,
MYSURU DISTRICT,
NOW R/AT C/O MANJUNATH,
4TH CROSS, BASAVESHWARA NAGARA,
MYSURU - 570 011.
…APPELLANT
(BY SRI. SREENIVASAN M Y., ADVOCATE)
AND:
1. JAYASHANKARA,
S/O PUTTARAJU M P,
MAJOR,
R/AT MANUGANAHALLI,
H.D.KOTE TQ, MYSURU DISTRICT - 570 041.
2. THE BRANCH MANAGER,
ZUNO GENERAL INSURANCE CO. LTD.,
KAMALA ARCADE, 1ST FLOOR,
NEW NO-71, (OLD NO.88/A),
26TH MAIN, 37TH B CROSS,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
JAYANAGARA, 9TH BLOCK,
BENGALURU - 560 069.
…RESPONDENTS
(BY SRI.MALLIKARJUN REDDY, ADVOCATE FOR
SRI.B.PRADEEP, ADVOCATE FOR R2;
NOTICE TO R1 IS DISPENSED WITH VIDE ORDER DATED
20.08.2026)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 03-01-2026 PASSED IN MVC
NO.1561/2023 ON THE FILE OF THE PRINCIPAL SMALL CAUSES
AND SENIOR CIVIL JUDGE AND MACT AT MYSURU 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 claimant seeking
enhancement of compensation awarded in the Judgment
and Award dated 03.01.2026 passed in MVC
No.1561/2023 by Principal Judge, Court of Small Causes
and MACT, Mysuru.
2. Even though the matter is listed today for
admission, with the consent of both the learned counsel
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
for appellant and learned counsel for respondent
No.2/insurer, the matter is taken up for disposal.
3. The appellant/claimant made a claim petition
seeking award of compensation for the injuries sustained
by him in a road traffic accident occurred on 25.07.2023
contending that the accident occurred due to rash and
negligent driving of rider of KTM 250 Duke motorcycle
bearing registration No.KA-02-JR-5580.
4. The Tribunal after recording the evidence and
appreciating the evidence on record, has assessed the
compensation and awarded compensation under various
heads as under:
Sl.No. Particulars Amount
1. Towards Pain and
sufferings
Rs. 45,000.00
2. Towards Medical expenses Rs. 20,300.00
3. Towards diet, food,
nourishment, attendant
and conveyance charges
Rs. 40,000.00
4. Towards loss of future
earning capacity
Rs. 86,400.00
5. Loss of income during laid
up period
Rs. 64,000.00
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
6. Towards loss of amenities Rs. 15,000.00
7. Towards future medical
expenses
Rs. 50,000.00
Total Rs. 3,20,700.00
5. The Tribunal had 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 has filed the
present appeal seeking enhancement of the compensation
awarded by the Tribunal.
6. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
7. The accident occurred on 25.07.2023. As per
Ex.P9 copy of aadhar card, the date of birth of the
claimant is 01.01.1958 and the accident occurred on
25.07.2023, as on the date of accident,
the claimant was aged 65 years,
6 months and 24 days. Completed age of the claimant is
to be taken for applying multiplier. Since the claimant is
aged 65 years, the multiplier applicable is '7'. Therefore,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
the multiplier to be applied is '7' as against '5' applied by
the Tribunal.
8. The notional income fixed for the year 2023 by
the Karnataka State Legal Services Authority is
Rs.16,250/- and the said income is to be taken as against
Rs.16,000/- taken by the Tribunal.
9. The claimant has sustained compound type IIIB
fracture of the left tibia shaft, multiple fracture on the left
tibia shaft, multiple fracture on the left rib.
10. Considering the said injuries/fractures sustained
by the claimant, the compensation awarded by the
Tribunal towards pain and suffering in a sum of
Rs.45,000/- is enhanced to Rs.1,00,000/- and loss of
amenities awarded in a sum of Rs.15,000/- is enhanced to
Rs.70,000/-. The claimant has been admitted in hospital
for three (03) days and therefore, entitled to diet, food,
nourishment, attendant and conveyance charges in a sum
of Rs.3,000/- (Rs.1,000/- x 3 days) as against Rs.40,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
awarded by the Tribunal. The Tribunal has rightly awarded
medical expenses at Rs.20,300/- based on the bills
produced. The Tribunal has awarded loss of income during
laid up period for four (04) months taking the income at
Rs.16,000/- per month. As now the income taken is
Rs.16,250/-, the claimant is entitled to a sum of
Rs.65,000/- (Rs.16,250/- x 4 months) towards loss of
income during laid up period.
11. PW.2 is the doctor who has examined the
claimant assessed the disability and stated that the
claimant has sustained 48% disability to the left lower
limb. The Tribunal has taken the disability at 9%. In cases
of disability to the lower limb, 1/3rd of the same is to be
taken as disability to the whole body. Therefore, the
disability to be taken is 16% (1/3rd of 48%). In view of
the same, loss of future income due to disability is
calculated as under:
Rs.16,250/- x 12 x 7 x 16% = Rs.2,18,400/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
12. PW.2 - Doctor has stated that the claimant has
to undergo bone grafting surgery and removal of implants
which would cost Rs.1,50,000/- and Rs.75,000/-
respectively. The Tribunal has awarded only Rs.50,000/-
(Rs.30,000/- + Rs.20,000/-) towards future medical
expenses. Considering the said evidence of PW.2 - Doctor,
the claimant is entitled to a sum of Rs.30,000/- towards
surgery for removal of implants and Rs.70,000/- towards
bone grafting surgery.
13. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Towards Pain and sufferings Rs. 1,00,000/-
2. Towards Medical expenses Rs. 20,300/-
3. Towards diet, food,
nourishment, attendant and
conveyance charges
Rs. 3,000/-
4. Towards loss of future
earning capacity
Rs. 2,18,400/-
5. Loss of income during laid
up period
Rs. 65,000/-
6. Towards loss of amenities Rs. 70,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
7. Towards future medical
expenses
Rs. 1,00,000/-
Total Rs. 5,76,700/-
14. The claimant is entitled to total compensation of
Rs.5,76,700/- as against Rs.3,20,700/- awarded by the
Tribunal with interest.
15. Consequently, the claimant is entitled to
enhanced compensation of Rs.2,56,000/- (Rs.5,76,700/- -
Rs.3,20,700/-) with interest at the rate of 6% per annum
from the date of petition till realisation.
16. Respondent No.2/insurer is liable to pay the
said enhanced compensation amount with interest.
17. The claimant is not entitled to interest on
enhanced future medical expenses of Rs.50,000/-.
18. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part .
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57356
MFA No. 5795 of 2026
CNR: KAHC010543982026
ii) The appellant/claimant is entitled to
enhanced compensation of Rs.2,56,000/-
with interest at the rate of 6% per annum
from the date of petition till realisation.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation amount with
interest before the Tribunal within a period
of six weeks from this day.
iv) The claimant is not entitled to interest on
enhanced future medical expenses of
Rs.50,000/-.
v) The appellant/claimant is entitled to release
of entire enhanced compensation with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
SJK
List No.: 1 Sl No.: 47