Full Judgment Text
- 1 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 8489 OF 2024 (MV-I)
BETWEEN:
SRI.N.K.JANARDHANA
S/O D N KEMPAIAH,
AGED ABOUT 38 YEARS,
ST
R/AT NO. 92, 1 MAIN ROAD,
D GROUP LAYOUT,
NEAR VEERABHADRESHWARA TEMPLE,
LINGADIRANAHALLI,
BENGALURU NORTH,
BENGALURU- 560 091
…APPELLANT
(BY SRI. RAMESH K R., ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
1. THE MANAGER
IFFCO TOKIO GENERAL
INSURANCE COMPANY LTD.,
SHRI SHANTHI TOWERS,
TH RD
NO. 141, 5 FLOOR, 3 MAIN,
EAST OF NGEF LAYOUT,
KASTURINAGAR,
BENGALURU- 560 043.
2. MR. MARLEY ISSAC
S/O ISSAC,
TH
R/AT NO. 9, OLD NO. 1/3, 7 CROSS,
OPP RAGHAVENDRA TEMPLE,
JAI BHARATH NAGAR,
- 2 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
BENGALURU NORTH,
MARUTHI SEVANAGAR,
BENGALURU- 560 033.
3. Mr. MARLEY ISSAC,
S/O ISSAC,
R/AT NO. 9, OLD NO. 1/3,
TH
7 CROSS, OPP. RAGHAVENDRA TEMPLE.
JAI BHARATH NAGAR,
BENGALURU NORTH,
MARUTHI SEVANAGAR,
BENGALURU- 560 033.
…RESPONDENTS
(BY SRI. HEGDE SUBRAYA VENKATARAMAN., ADVOCATE FOR
R1; V/O DTD 05.02.2026, NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.19.10.2024 PASSED IN MVC
NO.2267/2023 ON THE FILE OF THE III ADDITIONAL JUDGE
AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU,
(SCCH-18), 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments on both sides.
2. This appeal is filed against the judgment and award
of the Tribunal in MVC No.2267/2023 dated 19.10.2024, in
which claimant met with an accident on 14.02.2023 and
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NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
filed claim petition claiming compensation of ₹ 15,00,000/-
and the Tribunal considering the entire evidence on record
granted ₹92,763/- with interest at the rate of 6% per
annum from the date of petition, till realization. Aggrieved
by the said order, the appellant is before this Court
seeking enhancement of compensation.
3. It is stated that the appellant was inpatient for five
days. He spent more than ₹ 2,00,000/- towards medical
and incidental expenses. But, the Tribunal has granted
meager amounts under the head medical expenses and
also under the other heads. He was working as a Project
Manager at Cognizant Technologies Solutions India Pvt.
Ltd. and was earning ₹ 1,82,419/- per month. But, the
Tribunal has taken his income only as ₹ 16,000/- per
month which is on the lower side. Therefore, requested for
enhancement. As per Ex.P10, he was diagnosed with right
side multiple fractures of ribs and needs four weeks rest
and advised not to travel for four weeks. But the Tribunal
has not considered all the aspects. He sustained injury to
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NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
back side, chest region and right great toe. The petitioner
examined the medical record officer at G.M.Hospital and
authorization letter, MLC extract, inpatient case sheet are
marked.
4. As per the discharge summary dated 19.02.2023, he
sustained the following injuries:
(1) Lacerated wound on right great toe.
(2) Abrasion on back with swelling and redness at
back.
5. X-ray report shows for right side multiple ribs, CVA
done, which shows total count and severe pain, focal
contusion, fracture of right side ribs.
6. The counsel of the respondent stated that petitioner
sustained only simple injuries and the Tribunal already
granted reasonable amounts and it needs no interference.
7. Perusal of the record shows that he also sustained
fracture injuries and was treated in the hospital. Even in
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NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
the wound certificate, it was stated as per Ex.P5,
petitioner sustained the above injuries and it is stated that
injuries are simple in nature. The counsel of the appellant
stated that he was hospitalized for a period of five days.
Though he stated that he took rest for two months, he has
not filed any leave record to substantiate his position.
Tribunal observed that he has not filed any pay slip, but he
filed his Company offer letter at Ex.P11 and as per the
offer letter, he was getting a gross salary of ₹1,82,419/-
Considering the discharge summary and other medical
records filed before the Court, which are marked through
PW2, this Court finds it reasonable to grant an amount of
₹ 50,000/- for pain and suffering, ₹ 25,000/- for loss of
amenities, ₹ 30,000/- for transportation and attending
charges. Considering his occupation and income, this
Court finds it is reasonable to grant an amount of
₹ 50,000/- for loss of income during treatment. The total
compensation comes to ₹ 1,55,000/-. The compensation is
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NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
enhanced from ₹ 92,763/- awarded by the Tribunal to
₹ 1,55,000/-.
8. Thus, in all, the claimant is entitled for the following
compensation:
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 5 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 8489 OF 2024 (MV-I)
BETWEEN:
SRI.N.K.JANARDHANA
S/O D N KEMPAIAH,
AGED ABOUT 38 YEARS,
ST
R/AT NO. 92, 1 MAIN ROAD,
D GROUP LAYOUT,
NEAR VEERABHADRESHWARA TEMPLE,
LINGADIRANAHALLI,
BENGALURU NORTH,
BENGALURU- 560 091
…APPELLANT
(BY SRI. RAMESH K R., ADVOCATE)
AND:
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
1. THE MANAGER
IFFCO TOKIO GENERAL
INSURANCE COMPANY LTD.,
SHRI SHANTHI TOWERS,
TH RD
NO. 141, 5 FLOOR, 3 MAIN,
EAST OF NGEF LAYOUT,
KASTURINAGAR,
BENGALURU- 560 043.
2. MR. MARLEY ISSAC
S/O ISSAC,
TH
R/AT NO. 9, OLD NO. 1/3, 7 CROSS,
OPP RAGHAVENDRA TEMPLE,
JAI BHARATH NAGAR,
- 2 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
BENGALURU NORTH,
MARUTHI SEVANAGAR,
BENGALURU- 560 033.
3. Mr. MARLEY ISSAC,
S/O ISSAC,
R/AT NO. 9, OLD NO. 1/3,
TH
7 CROSS, OPP. RAGHAVENDRA TEMPLE.
JAI BHARATH NAGAR,
BENGALURU NORTH,
MARUTHI SEVANAGAR,
BENGALURU- 560 033.
…RESPONDENTS
(BY SRI. HEGDE SUBRAYA VENKATARAMAN., ADVOCATE FOR
R1; V/O DTD 05.02.2026, NOTICE TO R2 IS D/W)
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.19.10.2024 PASSED IN MVC
NO.2267/2023 ON THE FILE OF THE III ADDITIONAL JUDGE
AND MEMBER, MACT, COURT OF SMALL CAUSES, BENGALURU,
(SCCH-18), 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 MRS. JUSTICE P SREE SUDHA
ORAL JUDGMENT
1. Heard the arguments on both sides.
2. This appeal is filed against the judgment and award
of the Tribunal in MVC No.2267/2023 dated 19.10.2024, in
which claimant met with an accident on 14.02.2023 and
- 3 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
filed claim petition claiming compensation of ₹ 15,00,000/-
and the Tribunal considering the entire evidence on record
granted ₹92,763/- with interest at the rate of 6% per
annum from the date of petition, till realization. Aggrieved
by the said order, the appellant is before this Court
seeking enhancement of compensation.
3. It is stated that the appellant was inpatient for five
days. He spent more than ₹ 2,00,000/- towards medical
and incidental expenses. But, the Tribunal has granted
meager amounts under the head medical expenses and
also under the other heads. He was working as a Project
Manager at Cognizant Technologies Solutions India Pvt.
Ltd. and was earning ₹ 1,82,419/- per month. But, the
Tribunal has taken his income only as ₹ 16,000/- per
month which is on the lower side. Therefore, requested for
enhancement. As per Ex.P10, he was diagnosed with right
side multiple fractures of ribs and needs four weeks rest
and advised not to travel for four weeks. But the Tribunal
has not considered all the aspects. He sustained injury to
- 4 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
back side, chest region and right great toe. The petitioner
examined the medical record officer at G.M.Hospital and
authorization letter, MLC extract, inpatient case sheet are
marked.
4. As per the discharge summary dated 19.02.2023, he
sustained the following injuries:
(1) Lacerated wound on right great toe.
(2) Abrasion on back with swelling and redness at
back.
5. X-ray report shows for right side multiple ribs, CVA
done, which shows total count and severe pain, focal
contusion, fracture of right side ribs.
6. The counsel of the respondent stated that petitioner
sustained only simple injuries and the Tribunal already
granted reasonable amounts and it needs no interference.
7. Perusal of the record shows that he also sustained
fracture injuries and was treated in the hospital. Even in
- 5 -
NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
the wound certificate, it was stated as per Ex.P5,
petitioner sustained the above injuries and it is stated that
injuries are simple in nature. The counsel of the appellant
stated that he was hospitalized for a period of five days.
Though he stated that he took rest for two months, he has
not filed any leave record to substantiate his position.
Tribunal observed that he has not filed any pay slip, but he
filed his Company offer letter at Ex.P11 and as per the
offer letter, he was getting a gross salary of ₹1,82,419/-
Considering the discharge summary and other medical
records filed before the Court, which are marked through
PW2, this Court finds it reasonable to grant an amount of
₹ 50,000/- for pain and suffering, ₹ 25,000/- for loss of
amenities, ₹ 30,000/- for transportation and attending
charges. Considering his occupation and income, this
Court finds it is reasonable to grant an amount of
₹ 50,000/- for loss of income during treatment. The total
compensation comes to ₹ 1,55,000/-. The compensation is
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NC: 2026:KHC:6660
MFA No. 8489 of 2024
HC-KAR
enhanced from ₹ 92,763/- awarded by the Tribunal to
₹ 1,55,000/-.
8. Thus, in all, the claimant is entitled for the following
compensation:
| SL.NO. | PARTICULARS | AMOUNT<br>(IN.RS.) |
|---|---|---|
| 1. | Pain and suffering | 50,000 |
| 2. | Loss of amenities | 25,000 |
| 3. | Transportation and attendant<br>charges | 30,000 |
| 4. | Loss of income during<br>treatment period | 50,000 |
| Total | 1,55,000 |
9. The Tribunal has awarded the compensation of
Rs.92,763/-, but the appellant/claimant is entitled to total
compensation of Rs.1,55,000/-. Therefore, the
appellant/claimant is entitled to enhanced compensation of
Rs.62,237/- (Rs.1,55,000/- - Rs.92,763/-).
11. The Insurance Company has already deposited the
award amount before the Tribunal. Hence, respondent
No.1-Insurance Company is directed to deposit the
enhanced compensation of Rs.92,763/- before the
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MFA No. 8489 of 2024
HC-KAR
Tribunal with interest at the rate of 6% p.a., from the date
of petition till realization.
12. Accordingly, I proceed to pass the following:
ORDER
(i) The appeal is allowed-in-part .
(ii) The impugned judgment and award dated
19.10.2024 passed in M.V.C.No.2267/2023 by the
III Additional Judge and MACT, Court of Small
Cuases, Bengaluru (SCCH-18) is hereby modified
holding that the appellant/claimant is entitled for
enhanced compensation of Rs.62,237/- along with
interest at the rate of 6% per annum from the date
of claim petition till realization.
(iii) Respondent No.1-Insurance Company is
directed to deposit the enhanced compensation
amount of Rs.62,237/- along with interest at the
rate of 6% per annum, before the Tribunal, within a
period of one month from the date of this judgment.
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MFA No. 8489 of 2024
HC-KAR
(iv) On such deposit, the claimant is permitted to
withdraw the entire amount along with interest
accrued on it.
(v) Draw award accordingly.
Sd/-
(P SREE SUDHA)
JUDGE
GH
List No.: 1 Sl No.: 14