SHRI PRASHANTH NAIR M vs SHRI MAHESHA P R
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 4 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 3331 OF 2026
(MV-I)
BETWEEN:
SHRI PRASHANTH NAIR M
SON OF KRISHNAKUTTY
AGED ABOUT 43 YEARS
RESIDING AT No. 243
RD
3 FLOOR, BRINDAVANA LAYOUT
ST
1 CROSS, ESKAY HOSPITAL
SHETTIHALLI, JALAHALI WEST
BENGALURU- 560 015.
…APPELLANT
(BY SRI K V NAIK, ADVOCATE)
AND:
1. SHRI MAHESHA P R
SON OF PRAKASH C, MAJOR
RESIDING AT No. 4
RD
NAVEEN NILAYA, 3 MAIN
TH
4 CROSS, BEHIND PES SCHOOL
ST
PEENYA 1 STAGE
BENGALURU - 560 058.
2. THE MANAGER
ICICI LOMBARD GENERAL
INSURANCE CO LTD., No. 121
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
TH
THE ESTATE, 9 FOOR
DICKENSON ROAD, M G ROAD
BENGALURU - 560 001.
3. MUNTIMADUGU
RADHAKRISHNA
SON OF MUNTIMADUGU NARAPPA, MAJOR
RESIDING AT No. 38/A
ND
2 MAIN ROAD, ANNAPURNESHWARI NAGAR
NEAR NANJUNDESHWARA TEMPLE
HEGGANAHALLI, BENGALURU
KARNATAKA - 560 091.
4. THE MANAGER
GO DIGIT GENERAL INSURANCE CO. LTD.,
TH
ATLANTIS, No. 95, 4 B CROSS ROAD
TH
5 BLOCK, KORAMANGALA
BENGALURU - 560 095.
…RESPONDENTS
(BY SRI A M VENKATESH, ADVOCATE FOR R2
V/O DATED 01.06.2026,NOTICE TO R1 IS D/W)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:19/03/2025
PASSED IN MVC No.4159/2022 ON THE FILE OF THE III ADDL.
JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL, COURT OF
SMALL CAUSES BENGALURU., PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT
OF COMPENSATION.
THIS MFA HAVING BEEN HEARD AND RESERVED FOR
ORDERS ON 31.08.2026, THIS DAY, SHIVASHANKAR
AMARANNAVAR J , DELIVERED THE FOLLOWING;
CORAM: HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
CAV JUDGMENT
1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 19.03.2025 passed in MVC No.
4159/2022 by III Additional Judge, Court of Small Causes
and MACT, Bengaluru (SCCH-18).
2. Appellant - claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident that occurred on
20.06.2022 contending that the accident occurred due to
the rash and negligent driving by the driver of the lorry
bearing registration No. KA-19-C-8841. The Tribunal after
recording evidence and receiving the evidence on record
has awarded compensation under various heads as under:
Compensation heads Compensation
amount
1 Pain and suffering Rs.80,000.00
2 Loss of income during laid- Rs.46,500.00
up period and rest period
3 Medical expenses NIL
4 Attendant, Nourishment and Rs.20,000.00
Conveyance charges
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
5 Reduced disability of Rs.3,50,000.00
employment
6 Loss of amenities Rs.50,000.00
7 Future Medication Rs.40,000.00
Total Rs.5,86,500.00
3. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till the date of
realization and held that respondent Nos. 2 and 4 -
Insurers of two vehicles are liable to pay the compensation
in the ratio of 80 : 20 respectively. Claimant seeking
enhancement of the compensation awarded by the
Tribunal has filed the present appeal.
4. Heard learned counsel for appellant and learned
counsel for respondent Nos. 2 and 4 - Insurers.
5. Learned counsel for appellant would contend
that the Doctors have stated that the claimant has
sustained 24% disability to the whole body and inspite of
the disability, the Tribunal has not awarded loss of future
income due to disability. He, placing reliance on the
decision of the Apex Court in the case of Sandeep
Khanuja Vs. Atul Dande and another, Civil Appeal
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
No. 1329/2017 decided on 02.02.2017 and decision
Coordinate Bench of this Case in the case of Mr. V.
Ramachandra Vs. Mr. Rajesh Naik and another, MFA
368/2015 decided on 26.08.2021, would contend that
the claimant is entitled to loss of future earning due to
disability even though he continued in his employment,
which he was doing earlier. He further submits that
considering the injuries sustained, the compensation
awarded towards the pain and suffering and loss of
amenities are on the lower side.
6. Learned counsel for respondent Nos. 2 and 4
Insurers would contend that appellant - claimant was
working in Bata showroom prior to the accident and even
after the accident he continued in the said employment,
getting the same income and therefore he is not entitled
to loss of future income due to disability and same has
been rightly held by the Tribunal. Compensation awarded
on all heads in just and proper and there are no grounds
for enhancement.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
7. Having heard learned counsel for the parties the
Court has perused the judgment, award and trial Court
records.
8. The accident occurred on 20.06.2022 and as on
the date of accident the claimant was aged 39 years.
9. Appellant - claimant had sustained the following
injuries:
i. Crush injury of right arm and forearm exposing
the crushed muscles blood vessles and bones
ii. Supra condylar fracture of right humerus
iii. Fracture of right ulna
10. Considering the said injuries sustained, the
compensation awarded by the Tribunal towards pain and
suffering in a sum of R.80,000/- is enhanced to
Rs.1,00,000/- and loss of amenities awarded in a sum of
Rs.50,000/- is enhanced to Rs.60,000/-.
11. The compensation awarded by the Tribunal
towards attendant and conveyance charges in a sum of
Rs.20,000/-, future medical expenses of Rs.40,000/- and
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
loss of income during laid up period for 3 months in a sum
of Rs.46,500/- are just and proper.
12. The Tribunal has not awarded loss of future
income due to disability on the ground that the claimant
was working at a Bata showroom and he continued his
service even after the accident. Even though the Tribunal
has not awarded loss of future income due to disability, it
has awarded a sum of Rs.3,50,000/- towards reduced
disability of employment.
13. The Hon'ble Apex Court in Sandeep Khanuja,
(supra) considering the case of a Chartered Accountant
who had sustained disability in an accident has awarded
loss of future income due to disability on the ground that
Chartered Accountant has to visit the clients several times
and also has to visit several authorities as well and the
injuries sustained/disability suffered affected his
profession of Chartered Accountant.
14. In the case of Mr. V. Ramachandra (supra),
Coordinate Bench has considered the case of an employee
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
in BSNL who had sustained injury/disability and has not
awarded loss of future income due to disability.
15. In the case of Raj Kumar Vs. Sajet Kumar,
AIR Online 2010 SC page 125 the Hon'ble Apex Court
has held as under:
“ 9. Therefore, the Tribunal has to first decide
whether there is any permanent disability and if so the
extent of such permanent disability. This means that the
Tribunal should consider and decide with reference to the
evidence : (i) whether the disablement is permanent or
temporary; (ii) if the disablement is permanent, whether
it is permanent total disablement or permanent partial
disablement (iii) if the disablement percentage is
expressed with reference to any specific limb, then the
effect of such disablement of the limb on the functioning
of the entire body, that is the permanent disability
suffered by the person. If the Tribunal concludes that
there is no permanent disability then there is no question
of proceeding further and determining the loss of future
earning capacity. But if the Tribunal concludes that there
is permanent disability then it will proceed to ascertain its
extent. After the Tribunal ascertains the actual extent of
permanent disability of the claimant based on the medical
evidence, it has to determine whether such permanent
disability has affected or will affect his earning capacity”.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
16. Appellant - claimant has not placed on record
that he had left the job or was removed from the job. Said
aspect clearly indicates that he continued his job in Bata
Showroom. Therefore appellant - claimant has not
sustained any loss of future earning due to disability.
17. Even though the Tribunal has not awarded loss
of future income due to disability, has awarded a sum of
Rs.3,50,000/- towards reduced disability of employment.
The Tribunal while awarding the said amount has rightly
observed that the claimant has to suffer with the said
disability throughout his life and eligibility of his
employment has been reduced due to the disability
sustained by him in a road traffic accident. Considering the
said aspect, the Tribunal has rightly considered the claim
of appellant - claimant.
18. In view of the above, the claimant is entitled to
only enhanced compensation under the following heads:
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
Pain and suffering - Rs.20,000/-
Loss of amenities - Rs.10,000/-
--------------
Total - Rs.30,000/-
19. Appellant – claimant is entitled to enhanced
compensation of Rs.30,000/- with interest at the rate of
6% per annum from the date of petition till the date of
realization. Respondent Nos. 2 and 4 - Insurers are liable
to pay the said enhanced compensation in the ratio of 80 :
20 respectively with interest. The claimant is not entitled
to interest for the delay period of 316 days in filing the
appeal as per order dated 12.08.2026 passed on IA No.
1/2026.
20. In view of the above following;
O R D E R
i. Appeal is allowed in part.
ii. Appellant - claimant is entitled to enhanced
compensation of Rs.30,000/- with interest at the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:61137
MFA No. 3331 of 2026
CNR: KAHC010320492026
rate of 6% per annum from the date of petition
till realization.
iii. Appellant - claimant is not entitled to interest for
the delay period of 316 days in filing the appeal.
iv. Respondent Nos. 2 and 4 - Insurers shall deposit
enhanced compensation in the ratio of 80:20
respectively with interest before the Tribunal
within a period of 6 weeks from this day.
v. 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
LRS
List No.: 2 Sl No.: 3
Ct.sm