MR. BHARATH. H vs SRI. LOKESHAPPA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 4019 OF 2026 (MV-I)
BETWEEN:
MR. BHARATH. H
S/O HANUMANTHAIAH
NOW AGED ABOUT 24 YEARS
RESIDING AT:
MADIKEHALLI VILLAGE
KOTHAGERE HOBLI
KUNIGAL TALUK
TUMKUR DISTRICT-572 130.
…APPELLANT
(BY SRI B CHANDRASHEKHARAIAH, ADVOCATE)
AND:
1. SRI LOKESHAPPA
S/O MANDI SIDDAPPA
MAJOR
(AGE OF R-1 NOT KNOWN
TO APPELLANT)
RESIDIENT OF:
No.1466, SUBHASH NAGAR
ND
2 CROSS LEFT SIDE
NEAR AKKAMAHADEVI SCHOOL
HOSAMANE
BHADRAVATHI TALUK
SHIVAMOGGA DISTRICT-577 301.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
2. UNITED INDIA INSURANCE COMPANY LTD.,
TH
D.O., 6 FLOOR, KRUSHI BHAVAN
HUDSON CIRCLE
NRUPATHUNGA ROAD
BENGALURU -560 001.
BY ITS MANAGER.
…RESPONDENTS
(BY SMT. MANJULA N TEJASWI, ADVOCATE FOR R2
V/O DTD. 16.06.2026 NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:11/11/2025
PASSED IN MVC No.7023/2023 ON THE FILE OF THE XXI ADDL.
SMALL CAUSE JUDGE AND MOTOR ACCIDENT CLAIMS TRIBUNAL,
BANGALORE., 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 11.11.2025 passed in MVC No.7023/2023 by
the XXI Additional Small Cause Judge and Member, MACT,
Bangalore (SCCH-23).
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
2. Even though the appeal is listed today for admission,
it is taken up for disposal with the consent of 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 09.09.2023 contending that
the accident occurred due to rash and negligent driving of
the driver of car bearing Regn.No.KA-14-Z-4170. The
Tribunal after recording the evidence of the parties,
appreciating the evidence assessed the compensation and
awarded compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Attendant charges, extra
nutritious food and conveyance
charges
9,600/-
02. Pain and suffering 50,000/-
03. Loss of income during laid up 64,000/-
period
04. Medical expenses 26,400/-
05. Loss of future income due to 2,07,400/-
disability
06. Loss of future amenities and 40,000/-
happiness
Total 3,97,400/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
4. The Tribunal also awarded interest @ 6% p.a. 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 09.09.2023 and as on
the date of accident, the claimant was aged 21 years.
Considering the said age of the claimant, the Tribunal has
rightly applied multiplier ‘18’. The notional income fixed for
the year 2023 by the Karnataka State Legal Services
Authority is Rs.16,250/- p.m. and the said income is to be
taken as against Rs.16,000/- taken by the Tribunal.
7. The claimant has sustained the following injuries:
Left fronto parietal acute subdural hematoma, left temporal
contusion. Considering the said injuries, the compensation
awarded towards pain and suffering in a sum of Rs.50,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
is enhanced to Rs.80,000/- and loss of amenities in a sum of
Rs.40,000/- is enhanced to Rs.60,000/-.
8. The Tribunal has awarded loss of income during
laid up period for four months taking the income at
Rs.16,000/- p.m. As now the income taken is Rs.16,250/-
p.m., the claimant is entitled to a sum of Rs.65,000/-
(Rs.16,250 x 4 months) towards loss of income during laid
up period.
9. The claimant has been admitted in the hospital
for 08 days and considering the same, the Tribunal has
rightly awarded a sum of Rs.9,600/- towards attendant and
conveyance charge, food and nourishment. The Tribunal has
rightly awarded medical expenses of Rs.26,400/- based on
the bills produced.
10. PW.2 – Doctor who has examined the claimant
and assessed disability has stated that claimant has
sustained 25% neuro disability pertaining to cognition. The
said disability stated by PW.2 is based on Ex.P17 –
Neurosurgical assessment report prepared by Dr.Jayanthi.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
The said Doctor- Jayanthi has not been examined.
PW.1/claimant himself given evidence and faced cross-
examination. On perusal of cross-examination, it is clear
that he has remembered each of the material particulars and
that does not indicate any memory loss. Considering the
same, the Tribunal has rightly taken the disability at 6%. In
view of the same, the loss of future income due to disability
is calculated as under:
Rs.16,250 x 12 x 18 x 6% = Rs.2,10,600/-
11. In view of the above, the claimant is entitled to
compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Pain and suffering 80,000/-
02. Loss of amenities 60,000/-
03. Loss of income during laid up 65,000/-
period
04. Attendant, conveyance, food and 9,600/-
nourishment
05. Medical expenses 26,400/-
06. Loss of future income due to 2,10,600/-
disability
Total 4,51,600/-
12. Considering the above aspects, the claimant is
entitled to total compensation of Rs.4,51,600/- as against
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
Rs.3,97,400/- awarded by the Tribunal with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.54,200/- with interest @ 6% p.a. from
the date of petition till realization. Respondent No.2/insurer
is liable to pay the said enhanced compensation with
interest.
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.54,200/- with interest @
6% p.a. from the date of petition till realization.
iii) Respondent No.2/insurer shall deposit the
enhanced compensation with interest before
the Tribunal within a period of six weeks from
this day.
iv) Appellant/claimant is entitled to release of
entire enhanced compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:60830
MFA No. 4019 of 2026
CNR: KAHC010368662026
Registry is directed to send back trial Court records.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DKB
List No.: 1 Sl No.: 41
Ct.sm