SRI KANTHARAJU vs SRI MANJUNATHA R
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 8439 OF 2025
(MV-I)
BETWEEN:
SRI KANTHARAJU
S/O CHIKKAAPEGOWDA
AGE ABOUT 54 YEARS
R/A KAGALA VILLAGE
CHUNCHANKATTE HOBLI
K .R NAGAR TALUK
MYSURU – 571 617.
…APPELLANT
(BY SRI. SYED ABDUL SABOOR, ADVOCATE)
AND:
1. SRI MANJUNATHA R
S/O RAJEGOWDA
AGE ABOUT 36 YEARS
R/AT KOTTHEGALA VILLAGE AND POST
HANAGODU HOBLI , HUNSUR TALUK
MYSURU DISTRICT – 571 134.
2. MANAGER
UNIVERSALL SHLAMPOO
GENERAL INSURANCE CO. LTD.,
No.363, GURUKAR DEVANNA ROAD
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
AGRAHARA FORT
MOHALLA MYSURU – 570 004.
…RESPONDENTS
(BY SRI D VIJAYKUMAR, ADVOCATE FOR R2
V/O DTD. 22.09.2026, NOTICE TO R1 D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:19.08.2025
PASSED IN MVC No. 1424/2022 ON THE FILE OF THE COURT
OF PRL SMALL CAUSES AND SENIOR CIVIL JUDGE AND MACT,
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 appellant -claimant
seeking enhancement of compensation awarded in
judgment and award dated 19.08.2025 passed in MVC
No.1424/2022 by the Principal Judge, Court of Small
Causes and MACT, Mysuru.
2. Even though the appeal is listed today for
admission, it is taken up for disposal with the consent of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
learned counsel for appellant and learned counsel for
respondent No.2 insurer.
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 30.08.2022 contending
that the accident occurred due to rash and negligent
driving of the driver of motor cycle bearing registration
No.KA-45/Y-8246. The Tribunal after recording the
evidence of the parties, appreciating the evidence
assessed the compensation and awarded compensation
under various heads as under:
Towards pain and sufferings Rs.45,000/-
Towards medical expenses Rs.3,90,700/-
Towards diet, food,
nourishment, attendant and
conveyance charges
Rs.35,000/-
Towards loss of future earning Rs.1,84,140/-
capacity.
Loss of income during laid up Rs.46,500/-
period
Towards loss of amenities Rs.20,000/-
Towards future medical Rs.20,000/-
expenses
Total Rs.7,41,340/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
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 30.08.2022 and as on
the date of accident, the claimant was aged 54 years.
Considering the said age of the claimant, the Tribunal has
rightly applied multiplier ‘11’. Considering the said year of
the accident, the Tribunal has rightly taken notional
income of Rs.15,500/- per month.
7. The claimant has sustained the following
injuries:
i) Open fracture of left proximal
rd rd
ii) /3 –mid 1/3 of tibia,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
st
iii) dislocation of left 1 metacarpalangeal
Considering the said injuries 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.60,000/- and loss of amenities awarded in
a sum of Rs.20,000/- is enhanced to Rs.40,000/-
8. The Tribunal based on documents has rightly
awarded medical expenses of Rs.3,90,700/-. The claimant
has been admitted in the hospital for 11 days and
therefore, he is entitled to attendant, conveyance charges,
food and nourishment etc., in a sum of Rs.11,000/-
(Rs.1,000/- x 11 days) as against Rs.35,000/- as awarded
by the Tribunal. The Tribunal considering the injuries
sustained has rightly awarded loss of income during laid
up period in a sum of Rs.46,500/-.
9. P.W.2 -doctor who has examined the claimant,
assessed his disability and stated that the claimant has
sustained 26% disability to the right lower limb and 18%
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
to the left upper limb. In cases of disability to the upper
th
limb, 1/4 of the same is to be taken to the whole body,
rd
and in cases of lower limb, 1/3 of the same is to be taken
as disability to the whole body. Therefore, the disability to
the whole body is to be taken at 13.16%(8.66% + 4.5%).
The another doctor –P.W.3 who is skin specialist has
assessed his disability based on the skin deformities
sustained by the claimant. The occupation of the claimant
is stated to be agriculture. Any skin deformity does not
affect his functional disability. Therefore, the said disability
stated by the doctor –P.W.3 cannot be taken into
consideration. In view of the above, loss of future income
due to disability is calculated as under:
Rs.15,500/- x 12 x 11 x 13.16% =Rs.2,69,254/-.
10. P.W.2 -doctor has stated that the claimant has
to undergo surgery for removal of implant and estimated
the cost at Rs.60,000/-. The Tribunal has awarded
Rs.20,000/- towards future medical expenses. Considering
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
the evidence of doctor and the claimant has to undergo
surgery for removal of the implant, he is entitled to a sum
of Rs.30,000/- towards future medical expenses as against
Rs.20,000/- as awarded by the Tribunal.
11. 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 60,000/-
02. Towards Medical Expenses 3,90,700/-
03. Towards attendant,
conveyance charges, food
and nourishment etc.,
11,000/-
04. Towards loss of amenities 40,000/-
05. Towards loss of future 46,500/-
income due to disability
06. Toward loss of income 2,69,254/-
during laid up period
07. Towards Future Medical 30,000/-
Expenses
Total 8,47,454/-
The claimant is entitled to total compensation of
Rs.8,47,454/- as against Rs.7,41,340/- as awarded by
the Tribunal with interest. Consequently, the claimant is
entitled to enhanced compensation of Rs.1,06,114/- with
interest at the rate of 6% per annum from the date of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
petition till realization. Respondent No.2 -insurer is liable
to pay the said enhanced compensation with the interest.
The claimant is not entitled to interest on enhanced future
medical expenses of Rs.10,000/-.
12. 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.1,06,114/- with interest at
the rate of 6% per annum from the date of
petition till realization.
iii) The appellant -claimant is not entitled to
interest on enhanced future medical expenses
of Rs.10,000/-.
iv) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61803
MFA No. 8439 of 2025
CNR: KAHC010741252025
the Tribunal within a period of 06 weeks from
this day.
v) The appellant -claimant is entitled to release of
entire enhanced compensation amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 44
Ct.sm