Full Judgment Text
- 1 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 3333 OF 2024 (MV-I)
BETWEEN:
SRI. SRINIVASA
S/O NANJUNDAIAH
AGED ABOUT 33 YEARS
R/O THOREMAVINAHALLI VILLAGE
KASABA HOBLI, TURUVEKERE TALUK
TUMAKURU DISTRICT - 572 227.
…APPELLANT
(BY SRI. SUNIL K.N, ADVOCATE FOR
SRI. RAMESH K.R, ADVOCATE)
AND:
1.
SRI. SHEKARAIAH
S/O RANGAIAH, AGED ABOUT 34 YEARS,
R/AT TALAKERE COLONY MAIN ROAD,
THALAKERE VILLAGE, KASABA HOBLI,
TURUVEKERE TALUK - 572 227.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. THE MANAGER
LIBERTY GENERAL INSURANCE LTD.,
SRI. SIDDALINGESHWARA SWAMY ARCADE
1ST FLOOR, VIVEKANANDA ROAD,
OFF M.G. ROAD, ABOVE KARUR VYSYA BANK
TUMAKURU TOWN, TUMAKURU DISTRICT - 572 101.
…RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 24.01.2025, NOTICE TO R1 IS
DISPENSED WITH)
- 2 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN MVC
NO. 945/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT, TURUVEKERE, 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
Sri. B. Pradeep, learned counsel accepts notice for
respondent No.2.
2. Heard the arguments from both the sides.
3. This appeal is filed against the award of the
Tribunal in M.V.C.No.945/2021 dated 24.03.2023 by the
Court of Senior Civil Judge and Additional MACT,
Turuvekere. Injured claimant met with an accident on
24.01.2021 and filed claim petition claiming compensation
of Rs.20,00,000/-. The Tribunal considering the entire
evidence on record has granted an amount of
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NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
Rs.6,78,200/- with interest at the rate of 6% per annum
from date of petition till its realization.
4. Aggrieved by the said award, the appellant-
claimant has preferred an appeal and mainly contented
that the petitioner has sustained grievous injuries. He also
examined the doctor as P.W.2 and the doctor has assessed
the disability as 30% to the right lower limb and 30% to
the right upper limb and 20% to the whole body. But the
amounts granted under the other heads are lower side and
he incurred huge medical expenses. The Tribunal has
granted an amount of Rs.1,48,799/- towards 'medical bills'
and though he was doing milk vending business and
earning an amount of Rs.25,000/- per month, the Tribunal
has taken Rs.15,000/- per month and thus requested for
enhancement of the compensation. Learned counsel for
respondent No.2 stated that the Tribunal has rightly
considered the medical evidence and assessed the
disability as 13% and it needs no interference.
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NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
5. Though the petitioner stated that he was
earning an amount of Rs.25,000/- per month, he has not
filed any income proof. As the claimant met with an
accident in the year 2021, his notional income was rightly
taken by the Tribunal as Rs.15,000/- as per the chart
prepared by Karnataka State Legal Services Authority. As
the claimant was aged 32 years, the appropriate multiplier
applicable is '16'. The appellant-claimant has sustained
the following injuries as per Exhibit P5-Wound Certificate:
(1) Grade II Compound comminuted fracture right
femur condyle.
nd rd th
(2) Fracture 2 , 3 , 4 Metacarpals right hand.
rd
(3) Fracture PP of 3 toe right foot.
6. The appellant-claimant also examined the
doctor as PW.2 and he has issued disability certificate as
per Ex.P32. He assessed the disability of 30% to the right
lower limb and 30% to the right upper limb. The total
disability comes to 60%. One third of the same is 20%.
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NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
But the Tribunal erred in taking the same as 13% without
any basis. Therefore, this Court finds it reasonable to
modify the same as 20%. The 'loss of future earning
capacity due to disability' comes to Rs.5,76,000/-
(Rs.15,000x12x 16x20%). He was hospitalized for a
period of 13 days. As per Exhibit P9 - medical bills, the
Tribunal has granted an amount of Rs.1,48,799/-
towards 'medical expenses' and it is confirmed. PW2-
doctor stated that the claimant requires another surgery
for removal of implants and estimated the approximate
cost of surgery as Rs.40,000/-. But the Tribunal has
granted an amount of Rs.30,000/- towards 'future
medical expenses' and it is confirmed. This Court finds it
reasonable to enhance the compensation under the heads
of 'pain and suffering' to Rs.60,000/-, 'loss of amenities'
to Rs.30,000/- and 'food, conveyance, nourishment and
attendant charges' to Rs.30,000/-. The claimant might
not have attended any other work at least for a period of
4 months. Therefore, Rs.60,000/- is awarded under the
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NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
head of 'loss of income during laid up period' for a period
of four months. The total compensation comes to
Rs.9,34,799/- . Therefore, the claimant is entitled for
enhanced compensation of Rs.2,56,599/- (Rs.9,34,799 -
Rs.6,78,200).
7. The Insurance Company has already deposited
the awarded amount before the Tribunal. Therefore,
respondent No.2 - Insurance Company is directed to
deposit the enhanced compensation amount of
Rs.2,56,599/- with interest at the rate of 6% p.a. within a
period of one month from the date of this order. On such
deposit, the petitioner is permitted withdraw the entire
amount along with interest accrued on it.
Accordingly, the appeal is allowed-in-part.
Sd/-
(P SREE SUDHA)
JUDGE
KA
List No.: 1 Sl No.: 95
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 3333 OF 2024 (MV-I)
BETWEEN:
SRI. SRINIVASA
S/O NANJUNDAIAH
AGED ABOUT 33 YEARS
R/O THOREMAVINAHALLI VILLAGE
KASABA HOBLI, TURUVEKERE TALUK
TUMAKURU DISTRICT - 572 227.
…APPELLANT
(BY SRI. SUNIL K.N, ADVOCATE FOR
SRI. RAMESH K.R, ADVOCATE)
AND:
1.
SRI. SHEKARAIAH
S/O RANGAIAH, AGED ABOUT 34 YEARS,
R/AT TALAKERE COLONY MAIN ROAD,
THALAKERE VILLAGE, KASABA HOBLI,
TURUVEKERE TALUK - 572 227.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. THE MANAGER
LIBERTY GENERAL INSURANCE LTD.,
SRI. SIDDALINGESHWARA SWAMY ARCADE
1ST FLOOR, VIVEKANANDA ROAD,
OFF M.G. ROAD, ABOVE KARUR VYSYA BANK
TUMAKURU TOWN, TUMAKURU DISTRICT - 572 101.
…RESPONDENTS
(BY SRI. B. PRADEEP, ADVOCATE FOR R2;
VIDE ORDER DATED 24.01.2025, NOTICE TO R1 IS
DISPENSED WITH)
- 2 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 24.03.2023 PASSED IN MVC
NO. 945/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE
AND ADDITIONAL MACT, TURUVEKERE, 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
Sri. B. Pradeep, learned counsel accepts notice for
respondent No.2.
2. Heard the arguments from both the sides.
3. This appeal is filed against the award of the
Tribunal in M.V.C.No.945/2021 dated 24.03.2023 by the
Court of Senior Civil Judge and Additional MACT,
Turuvekere. Injured claimant met with an accident on
24.01.2021 and filed claim petition claiming compensation
of Rs.20,00,000/-. The Tribunal considering the entire
evidence on record has granted an amount of
- 3 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
Rs.6,78,200/- with interest at the rate of 6% per annum
from date of petition till its realization.
4. Aggrieved by the said award, the appellant-
claimant has preferred an appeal and mainly contented
that the petitioner has sustained grievous injuries. He also
examined the doctor as P.W.2 and the doctor has assessed
the disability as 30% to the right lower limb and 30% to
the right upper limb and 20% to the whole body. But the
amounts granted under the other heads are lower side and
he incurred huge medical expenses. The Tribunal has
granted an amount of Rs.1,48,799/- towards 'medical bills'
and though he was doing milk vending business and
earning an amount of Rs.25,000/- per month, the Tribunal
has taken Rs.15,000/- per month and thus requested for
enhancement of the compensation. Learned counsel for
respondent No.2 stated that the Tribunal has rightly
considered the medical evidence and assessed the
disability as 13% and it needs no interference.
- 4 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
5. Though the petitioner stated that he was
earning an amount of Rs.25,000/- per month, he has not
filed any income proof. As the claimant met with an
accident in the year 2021, his notional income was rightly
taken by the Tribunal as Rs.15,000/- as per the chart
prepared by Karnataka State Legal Services Authority. As
the claimant was aged 32 years, the appropriate multiplier
applicable is '16'. The appellant-claimant has sustained
the following injuries as per Exhibit P5-Wound Certificate:
(1) Grade II Compound comminuted fracture right
femur condyle.
nd rd th
(2) Fracture 2 , 3 , 4 Metacarpals right hand.
rd
(3) Fracture PP of 3 toe right foot.
6. The appellant-claimant also examined the
doctor as PW.2 and he has issued disability certificate as
per Ex.P32. He assessed the disability of 30% to the right
lower limb and 30% to the right upper limb. The total
disability comes to 60%. One third of the same is 20%.
- 5 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
But the Tribunal erred in taking the same as 13% without
any basis. Therefore, this Court finds it reasonable to
modify the same as 20%. The 'loss of future earning
capacity due to disability' comes to Rs.5,76,000/-
(Rs.15,000x12x 16x20%). He was hospitalized for a
period of 13 days. As per Exhibit P9 - medical bills, the
Tribunal has granted an amount of Rs.1,48,799/-
towards 'medical expenses' and it is confirmed. PW2-
doctor stated that the claimant requires another surgery
for removal of implants and estimated the approximate
cost of surgery as Rs.40,000/-. But the Tribunal has
granted an amount of Rs.30,000/- towards 'future
medical expenses' and it is confirmed. This Court finds it
reasonable to enhance the compensation under the heads
of 'pain and suffering' to Rs.60,000/-, 'loss of amenities'
to Rs.30,000/- and 'food, conveyance, nourishment and
attendant charges' to Rs.30,000/-. The claimant might
not have attended any other work at least for a period of
4 months. Therefore, Rs.60,000/- is awarded under the
- 6 -
NC: 2026:KHC:4409
MFA No. 3333 of 2024
HC-KAR
head of 'loss of income during laid up period' for a period
of four months. The total compensation comes to
Rs.9,34,799/- . Therefore, the claimant is entitled for
enhanced compensation of Rs.2,56,599/- (Rs.9,34,799 -
Rs.6,78,200).
7. The Insurance Company has already deposited
the awarded amount before the Tribunal. Therefore,
respondent No.2 - Insurance Company is directed to
deposit the enhanced compensation amount of
Rs.2,56,599/- with interest at the rate of 6% p.a. within a
period of one month from the date of this order. On such
deposit, the petitioner is permitted withdraw the entire
amount along with interest accrued on it.
Accordingly, the appeal is allowed-in-part.
Sd/-
(P SREE SUDHA)
JUDGE
KA
List No.: 1 Sl No.: 95