MADESHA vs B M PUTTARAJU

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 17 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MRS. JUSTICE GEETHA K.B.

MISCELLANEOUS FIRST APPEAL NO. 1379 OF 2024 (MV-I)

BETWEEN:

MADESHA
AGED ABOUT 12 YEARS,
SINCE MINOR REPRESENTED BY
HIS NEXT FRIEND/MOTHER
SHIVAMMA,W/O SHIVANNA
AGED ABOUT 34 YEARS,
R/AT 4TH CROSS,HALAHALLI,
MANDYA - 571 401.

…APPELLANT









(BY SRI. ASHWATH C.M, ADVOCATE FOR
SRI. PRAKASHA H.C, ADVOCATE)

AND:

1.
B.M. PUTTARAJU
S/O NAGAPPA, MAJOR
R/AT NO.73, SARAGURU
H.D. KOTE TALUK
MYSURU DISTRICT - 571 125.

2.
THE MANAGER
UNITED INDIA INSURNACE CO. LTD.,
DEVARU MANSION, 1134,
1ST FLOOR, DR. AMBEDKAR ROAD,
CHAMARAJAPURAM,



Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024



NEAR BALLAL CIRCLE
MYSURU - 570 004.

…RESPONDENTS
(BY SRI. B.C. SHIVANNE GOWDA, ADVOCATE FOR R2;
VIDE ORDER DATED 01.04.2024, SERVICE OF NOTICE TO
R1 IS DISPENSED WITH)

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.20.01.2023 PASSED IN MVC
NO.1092/2021 ON THE FILE OF THE ADDITIONAL SMALL
CAUSES AND SENIOR CIVIL JUDGE, 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 MRS. JUSTICE GEETHA K.B.

ORAL JUDGMENT
This is the appeal filed under Section 173 (1) of the
Motor Vehicles Act, 1988 (in short 'M.V. Act') by the
appellant/claimant, not satisfied with the compensation
awarded in the judgment and award dated 20.01.2023 in
MVC No.1092/2021 on the file of MACT, Mysuru (in short
'the Tribunal').
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024



2. The parties would be referred with their ranks,
as they were before the Tribunal for the sake of
convenience and clarity.
3. The case of the claimant before the Tribunal is
that the claimant has sustained injuries in the road traffic
accident that has taken place on 17.04.2021 at about
05:00 p.m., at Mysuru-Mannadavadi Main Road,
Mandanahalli Village, opposite to Mahadeshwara Hytech
nursery, involving Tata Tipper lorry bearing registration
No.KA-45-304 (the offending Tata Tipper lorry);. The case
of the claimant is that when the minor claimant to answer
his nature call along with his mother got down from the
mini truck bearing No.KA-11-B-6462 and standing on the
left side of the road; at that time the driver of the
offending Tata Tipper lorry dashed against the minor
claimant from back side and caused the accident. Due to
the accident, the claimant sustained grievous injuries.
Immediately, he was shifted to Spandana Hospital, Mysuru
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024



wherein his left hand was amputated. He was a student
and he lost his education and childhood. Hence, claimed
compensation from respondent Nos.1 and 2 who are the
owner and insurance company of the offending vehicle.
4. After service of notice, respondent No.2 filed its
objection statement denying the contention taken by the
claimant in toto and further held that there was no valid
and effective driving licence to the driver on the date of
accident to drive the vehicle. Hence, it is not liable to pay
compensation.
5. After filing the objection statement, framing of
issues and hearing arguments, the tribunal came to the
conclusion that the claimant is totally entitled for
Rs.
18,35,000/- towards the injuries suffered by him under
the following heads:
Heads Amount of Rs.
Sl.
No.
1. Pain and suffering 5,00,000/-
2. Special diet and nutrition 50,000/-
Digitally Signed By:
K B GEETHA

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MFA No. 1379 of 2024


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3. Marriage prospectus 2,00,000/-
4. Agony caused to parents 50,000/-
5. Attendant charges 80,000/-
6. Future Medical expenses 50,000/-
7. Shock, frustration, deprivation of
ordinary pleasures and
enjoyment associated with
healthy
2,00,000/-
8. Future Amenities 1,00,000/-
TOTAL 12,30,000/-
The petitioner entitled for compensation under
pecuniary damages as hereunder
9. Loss of income due to disability 5,00,000/-
10. Medical expenses 1,05,000/-
TOTAL 6,05,000/-
6. Not satisfied with the same, the claimant is
before this Court.
7. The learned counsel for the appellant Sri
Ashwath C M for Sri Prakash H.C., would submit that the
doctor assessed disability at 70% but the tribunal has
taken it at 60% which is on lower side. Hence, by
applying the principles laid down in the judgment of the
Hon'ble Apex Court in Hitesh Nagjibhai Patel v.
Bababhai Nagjibhai Rabari & Anr reported in 2025
,

INSC 1070 , the compensation has to be awarded towards
Digitally Signed By:
K B GEETHA

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‘loss of future earning capacity’. Hence, prayed for
allowing the appeal.
8. The learned counsel for the respondent No.2
Sri B.C. Shivanne Gowda would submit that the Tribunal
has awarded the compensation under the head 'pain and
suffering' and also under 'loss of income due to disability'
at ` 5,00,000/- each, loss of marriage prospects and for
shock, frustration, deprivation of ordinary pleasures and
Rs.
enjoyment associated with healthy at 2,00,000/- each.
Thus, the Tribunal has awarded double the compensation
under several heads. The compensation awarded by the
Tribunal itself is on higher side. Hence, it requires no
interference.
9. Having heard arguments of both sides, verifying
the appeal papers and trial court records, the points that
arise for consideration are:
'Whether the claimant is entitled for
enhancement of the compensation?'
Digitally Signed By:
K B GEETHA

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10. Finding of this Court on the above point is
Affirmative for the following:
REASONS
11. The facts established before the tribunal are
that the claimant met with a road traffic accident that has
taken place due to the rash and negligent driving of the
driver of the offending Tata Tipper lorry. As per Ex.P.6-
wound certificate, there were 3 injuries to the claimant i.e.
left hand distal forearm crush injury, proximal ulnar and
radial bone fracture, loss of carpal bones and absence of
vascular tissue. The claimant was impatient in Spandana
Hospital from 17.4.2021 to 26.04.2021 i.e., for 10 days.
The doctor who treated the claimant has issued disability
certificate as per Ex.P15 and given evidence as PW.2. He
has deposed that the total disability of left upper limb is
70%. However, the tribunal has taken it at 60%.
12. Generally towards amputation of one hand from
below tip of Olecranon, under Employees' Compensation
Digitally Signed By:
K B GEETHA

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MFA No. 1379 of 2024


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Act, the disability to be considered at 60%. Even though,
said provision of law is not mentioned in the judgment of
the Tribunal, the Tribunal has taken 60% disability to the
left upper limb, which requires no interference.
13. The claimant was aged 10 years at the time of
accident. Hence, by placing reliance on the judgment of
Hon'ble Apex Court in the case of National Insurance
Company Limited vs. Pranay Sethi case reported in
(2017) 16 SCC 680 , the applicable multiplier would be
'15'. Furthermore, by placing reliance on the judgment of
Hon'ble Apex Court in the case of Hitesh’s case cited
supra the income of the claimant shall be taken as the
,
income of skilled labourer in the State. As there is
amputation to the claimant, as per the principles noted in
the above Hitesh’s case cited supra, this court opines that
the future prospects to be added to the notional income.
14. The claimant was resident of Halahalli, Mandya
that comes under Zone IV. As per Notification No. KAE 18
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024



LMW 2017 dated 30.12.2017 with minimum wages and
VDA from 01.04.2021 to 31.03.2022 for skilled labourer in
General Employment Not Covered under Any Scheduled
Employment would be Rs.13,835.30/-. Hence, the said
amount shall be taken as the income of the claimant.
Hence, the claimant is entitled for Rs.20,91,897/-
(Rs.13,835.30+40%x12x15x60%) towards ‘loss of future
earning capacity’.
15. The claimant is entitled for compensation
towards ‘medical expenses’ and ‘future medical expenses’
as awarded by the Tribunal and it requires no interference.
The accident is of the year 2021, the compensation under
the head 'agony caused to parents' shall be Rs.15,000/-
and not Rs.50,000/- as awarded by the Tribunal. Further,
the compensation under the head 'marriage prospectus'
shall be Rs.1,00,000/- and not Rs.2,00,000/- as awarded
by the Tribunal. The compensation under the head ‘Pain
and suffering’ shall be Rs.1,00,000/- and not
Rs.5,00,000/- as awarded by the Tribunal. The
Digitally Signed By:
K B GEETHA

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compensation under the head ‘Attendant charges’ shall be
Rs.20,000/- and not Rs.80,000/- as awarded by the
Tribunal. The compensation awarded under 'Special diet
and nutrition’ of Rs.50,000/- requires no interference.
The tribunal has awarded the compensation of
Rs.2,00,000/- under the head ‘Shock, frustration,
deprivation of ordinary pleasures and enjoyment
associated with healthy’. However, the said head is
already covered under the head ‘loss of future amenities’.
Hence, the claimant is not entitled for compensation under
said head.
16. Thus, the claimant would be entitled for
compensation under various heads as under:
Sl.
No.
Heads Amount of Rs.
1. Pain and suffering 1,00,000/-
2. Special diet and nutrition 50,000/-
3. Marriage prospectus 1,00,000/-
4. Agony caused to parents 15,000/-
5. Attendant charges 20,000/-
6. Future Medical expenses 50,000/-
7. Shock, frustration, deprivation of Nil
ordinary pleasures and
Digitally Signed By:
K B GEETHA

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HC-KAR
NC: 2026:KHC:59042
MFA No. 1379 of 2024


CNR: KAHC010113282024



enjoyment associated with
healthy
8. Loss of future Amenities 1,00,000/-
9. Loss of income due to disability 20,91,897/-
10. Medical expenses 1,05,000/-
TOTAL 26,31,897/-



17. Hence, the claimant is entitled for total
compensation of Rs.26,31,897/- as against
Rs.18,35,000/- awarded by the Tribunal.
18. Hence, this Court passes the following:
ORDER

a. Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988 is allowed in part .

b. Judgment and award dated 20.01.2023 passed in
MVC No.1092/2021 on the file of the Motor Accidents
Claims Tribunal, Mysuru, is modified holding that the
claimant is entitled for total compensation of
Rs.26,31,897/- as against Rs.18,35,000/-
awarded by the Tribunal.

c. The enhanced compensation shall carry interest at
6% per annum from the date of petition till
realization.
Digitally Signed By:
K B GEETHA

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d. Appellant-the Claimant is not entitled for interest for
the delayed period of 221 days as per order dated
20.01.2026.

e. The respondent No.2/insurance company shall
deposit the compensation amount with accrued
interest before the Tribunal within a period of 8
weeks from the date of receipt of certified copy of
this judgment.

f. Disbursement and deposit shall be as per the order
of the Tribunal.

g. No order as to costs.

h. Draw modified award accordingly.

i. Registry to transmit the TCR to the Tribunal
forthwith.
Digitally Signed By:
K B GEETHA



(GEETHA K.B.)
JUDGE






SSD
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