SRI MANJUNATHA M T vs UNIVERSAL SOMPO GENERAL INSURANCE COMPANY LTD
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 8956 OF 2025 (MV-I)
BETWEEN:
SRI MANJUNATHA M.T.
S/O THIPPESWAMY,
NOW AGED ABOUT 39 YEARS,
RESIDING AT NANDA KUMAR HOUSE,
OLD MYLANGANAHALLI ROAD,
NEAR MADI ESTATE,
TARIDALU - 561 213
CHIKKABALLAPURA.
…APPELLANT
(BY SRI. GIRI MALLAIAH.,ADVOCATE)
AND:
1. UNIVERSAL SOMPO GENERAL
INSURANCE COMPANY LTD
3RD FLOOR, K V V SAMART,
NO. 217/A, 3RD MAIN ROAD,
OUTER RING ROAD,
KASTURI NAGARA,
BENGALURU – 560 043
BY ITS MANAGER.
2. SRI M ANWAR
S/O M YUSUF,
MAJOR
(AGED OF RESPONDENT NO. 2
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
NOT KNOWN TO APPELLANT)
D NO. 16/1/50 M F ROAD,
HINDUPUR,
ANDRA PRADESH - 515 201.
…RESPONDENTS
(BY SRI. MALLIKARJUNA REDDY., ADVOCATE FOR
SRI. B. PRADEEP.,ADVOCATE FOR R1;
V/O DATED 09.12.2025, NOTICE TO R2 IS DISPENSED WITH)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 18.08.2025 PASSED IN MVC
NO.5263/2023 ON THE FILE OF THE I ADDITIONAL SMALL
CAUSES JUDGE AND ACJM ANDMOTOR VEHICLES ACCIDENT
CLAIM TRIBUNAL, BENGALURU (SCHH-11) 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 SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment and
award dated 18.08.2025 passed in MVC No. 5263/2023 by the
I Additional Small Causes Judge and Member, MACT, Bengaluru
(SCCH-11).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
2. Even though the appeal is listed for `Admission’
today, with the consent of the learned counsel appearing for
appellant – claimant and learned counsel appearing for
respondent No. 1 – Insurer it is taken up for disposal.
3. Appellant – claimant made a claim petition praying
to award compensation for the injuries sustained by him in a
road traffic accident that occurred on 05.06.2023 due to the
rash and negligent driving by the driver of bolero pickup goods
vehicle bearing registration No. AP-02-TD-0279. The Tribunal
after recording evidence, appreciating the evidence on record,
assessed the compensation and awarded compensation under
different heads as under:
1 Towards injury pain and Rs.50,000/-
suffering
2 Towards medical expenses Rs.46,995/-
3 Towards food and extra
nourishment and medical
attendant
Rs.7,000/-
4 Towards conveyance Rs.10,000/-
5 Towards loss of income during Rs.20,000/-
treatment
6 Towards loss of future earning Rs.2,88,000/-
7 Deprivation of future amenities Rs.10,000/-
Total Rs.4,31,995/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
4. The Tribunal has also awarded interest at the rate
of 6% p.a. from date of petition till the date of realization and
directed respondent No. 1 – Insurer to deposit the said award
amount with interest. Claimant seeking enhancement of the
compensation awarded, has filed the present appeal.
5. Heard learned counsel for appellant – claimant and
learned counsel for respondent No. 1 – Insurer.
6. The accident occurred on 05.06.2023 and as on the
date of accident claimant was aged 37 years. Considering the
said age of the claimant the Tribunal has rightly applied
multiplier `15’.
7. Claimant had sustained the following injuries:
a. Pelvis with both hips showed both column fracture
b. Fracture left acetabulum with left iliac wing
c. Inferior pubic rami fracture
8. Considering the injuries sustained, compensation
awarded by the Tribunal towards pain and suffering in a sum of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
Rs.50,000/- is enhanced to Rs.80,000/- and loss of amenities
in a sum of Rs.10,000/- is enhanced to Rs.60,000/-.
9. Claimant was admitted in the hospital for 16 days.
Considering the same the Tribunal has rightly awarded food
and nourishment in a sum of Rs.7,000/-, conveyance charges
of Rs.10,000/- and medical expenses of Rs.46,995/-.
10. Considering the injuries sustained, claimant had to
take rest for 2 months and therefore, entitled to compensation
towards loss of income during laid up period in a sum of
Rs.32,500 (Rs.16,250 X 2 months) as against Rs.20,000/-
awarded by the Tribunal.
11. The Tribunal has taken the notional income at
Rs.16,000/- per month. Notional income fixed by the Karnataka
State Legal Services Authority for the year 2023 is Rs.16,250/-
and the said income is to be taken as against Rs.16,000/-
taken by the Tribunal.
12. P.W.2 – Doctor who examined the claimant and
assessed the disability has stated that the claimant had
sustained 61.42% disability to the lower limb and 20.47% to
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
the whole body. The Tribunal has taken disability of 10% to the
whole body. The Doctor, in his chief-examination has stated
that fractures are united. Considering the said aspect functional
disability is to be taken at 15%.
13. In view of the above, loss of future income due to
disability is calculated as under:
16,250 X 12 X 15 X 15% = Rs.4,38,750/-
14. In view of the above, claimant is entitled to total
compensation under various heads as under:
1 Pain and suffering Rs.80,000/-
2 Loss of amenities Rs.60,000/-
3 Loss of income due to disability Rs.4,38,750/-
4 Loss of income during laid up Rs.32,500/-
period
5 Medical expenses Rs.46,995/-
6 Food, nourishment Rs.7,000/-
7 attendant and conveyance Rs.10,000/-
Total Rs.6,75,245
15. Considering the above aspects claimant is entitled
to total compensation of Rs.6,75,245/- as against
Rs.4,31,995/- awarded by the Tribunal. Consequently, claimant
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
is entitled to enhanced compensation of Rs.2,43,250/- with
interest at the rate of 6% p.a. from the date of petition till the
date of realization. Respondent No. 1 – Insurer is liable to pay
the said enhanced compensation with interest.
16. In view of the above, the following;
O R D E R
a) Appeal is allowed in part.
b) Appellant - claimant is entitled to enhanced
compensation of Rs.2,43,250/- with interest at the rate
of 6% p.a. from the date of petition till the date of
realization.
c) Respondent No. 1 – Insurer shall deposit the enhanced
compensation with interest before the Tribunal within
six weeks from this day.
d) Entire enhanced compensation shall be kept in Fixed
Deposit with Karnataka Bank, City Civil Court branch,
Bengaluru in the name of claimant for a period of 3
years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59255
MFA No. 8956 of 2025
CNR: KAHC010786402025
Registry is directed to send back the trial Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 33