SRI ANIL KUMAR vs smt. mallamma
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2118 OF 2020
(MV-I)
BETWEEN:
1. SRI. ANIL KUMAR,
AGED ABOUT 31 YEARS,
S/O NAGA RANGAIAH,
R/AT NO.1-760, MUDIGUBBA,
ANANTHPURA,
ANDRA PRADESH.
…APPELLANT
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
(BY SRI. R. T. GURUDEVA PRASAD., ADVOCATE)
AND:
1. SMT. MALLAMMA
AGED MAJOR,
W/O GURUMURTHY R,
TH
R/AT NO.123, 19 CROSS,
KAGGADASAPURA,
C. V. RAMAN NAGAR,
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
BENGALURU – 560 093.
2. BHARATI AXA GENERAL
INSURANCE CO. LTD.,
PERNS ICON,
SITE NO.28, 1ST FLOOR,
DODDANEKKUNDI,
BENGALURU - 560 037.
REP. BY ITS MANAGER.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R2;
V/O DATED 24.08.2026, NOTICE TO R1 IS D/W)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 11.06.2019, PASSED IN
MVC.NO.465/2018, ON THE FILE OF THE XV ADDITIONAL
SMALL CAUSES JUDGE AND XXIII A.C.M.M., MEMBER, M.A.C.T.
AT BENGALURU (SCCH-119), PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 11.06.2019 passed in MVC
No.465/2018 on the file of the learned MACT & XV Addl. Judge,
Court of Small Causes, Mayohall Unit, Bengaluru (SCCH-19)
(for short, ‘Tribunal’), wherein the Tribunal awarded
compensation of Rs.5,18,100/- with interest at 9% p.a. from
the date of petition till realization.
2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.
3. The facts of the case is that on 01.01.2018 at about 1.30
p.m., the petitioner was riding a Honda Activa motorcycle
bearing Reg. No KA-03-HA-6480, on outer ring road. When he
reached near Bajaj Show Room situated in the Service Road, at
that time, a motorcycle bearing Reg. No KA-01-HN-5346 driven
by its rider in a rash and negligent manner with high speed
came from opposite direction and dashed against the
petitioner’s motorcycle. Due to the said impact, the petitioner
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
fell down and sustained grievous injuries. Immediately after the
accident, he was shifted to Jeevika Hospital for first aid,
thereafter, he shifted to Hosmat Hospital, wherein he took
treatment as an inpatient and underwent surgery. A claim
petition was field by the claimant before the Tribunal. The
Tribunal after appreciating both oral and documentary on
record, awarded compensation of Rs.5,18,100/- with interest at
the rate of 9% per annum.
4. Being aggrieved by the same, the appellant approached
this Court seeking enhancement of compensation. Therefore, a
claim petition was field by the claimant before the Tribunal.
5. Heard Sri. K.T.Gurudeva Prasad., learned counsel for
appellant and Sri. B. Pradeep, learned counsel for respondent
No.2.
6. Learned counsel for the appellant submitted that the
Tribunal has committed error in granting adequate
compensation under different conventional heads by
considering the notional income of Rs.12,500/- and also
committed error in considering the disability. Therefore, the
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
compensation awarded by the Tribunal under different heads
are required to be enhanced. Making such submissions, learned
counsel for appellant prays to allow the appeal.
7. Per contra, learned counsel representing the respondent
No.2 – Insurance Company justified the award passed by the
Tribunal and submitted that the Tribunal has awarded adequate
compensation on all conventional heads which is proper and
appropriate and also the liability of 20% fixed on the appellant
is also proper. Hence, the appeal is liable to be dismissed.
Making such submissions, learned counsel for respondent No.2
– Insurance Company prays to dismiss the appeal.
8. Having heard the learned counsel for the respective
parties and on perusal of the findings of the judgment and
award, the accident occurred in the year 2018. The appellant
was riding his motorcycle on outer ring road and reached the
service road. The offending vehicle which was being driven by
its rider came from opposite direction and hit the motorcycle of
the appellant. No doubt the appellant had sustained injuries on
the other hand, no injuries occurred on the rider of the
offending vehicle. It shows the gravity and impact of the said
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
accident. Therefore, the liability of 20% fixed on the appellant
is not sustainable. Hence, the same is liable to be set aside.
9. The Tribunal while considering the loss of future income
has taken income of Rs.9,000/- and also considered 16% of the
disability to determine the compensation. However, the
Tribunal ought to have taken Rs.12,500/- as notional income
which is on higher side. After taking the said notional income,
the calculation would be as follows:
12,500X12X16X16%=3,84,000/-
10. Consequently, the award of the Tribunal is modified and
the claimant would be entitled to the compensation as under:-
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This Court
01 Loss of future income
2,76,480/- 3,84,000/-
12,500X12X16X16%
02 Pain and suffering 1,00,000/- 1,00,000/-
03 Medical expenses 2,05,047/- 2,05,047/-
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
04 Conveyance, food,
nourishment, attendant
charges
6,000/- 10,000/-
05 Loss of income during NIL 37,500/-
laid up period (12500x3)
06 Loss of amenities in life 10,000/- 30,000/-
07 Towards future medical 50,000/- 50,000/-
expenses
8,16,547/-
TOTAL 6,47,527/-
11. 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 11.06.2019 in MVC
No.465/2018 passed by the learned MACT & XV Addl.
Judge, Court of Small Causes, Mayohall Unit, Bengaluru
(SCCH-19), is modified, granting compensation of
Rs.8,16,547/- as against Rs.6,47,527/- awarded by the
Tribunal.
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HC-KAR
NC: 2026:KHC:53955
MFA No. 2118 of 2020
CNR: KAHC010089712020
iii) The claimant is entitled to entire compensation of
Rs.8,16,547/- with interest at the rate of 6% per
annum from the date of filing of petition till its realisation.
iv) The entire compensation amount shall be deposited by
the Insurance Company within a period of eight weeks
from date of receipt of the certified copy of this
judgment.
v) The Tribunal is directed to disburse the amount as per
the apportionment as mentioned in award.
vi) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
JS/-
List No.: 1 Sl No.: 6