SRI. ANKAPPA vs. UNITED INDIA INSURANCE COMPANY LTD.,

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NC: 2026:KHC:21242
MFA No. 3770 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 17 DAY OF APRIL, 2026

BEFORE

THE HON'BLE MRS. JUSTICE P SREE SUDHA

MISCELLANEOUS FIRST APPEAL NO. 3770 OF 2025 (MV-I)

BETWEEN:


1.
SRI. ANKAPPA
S/O. MADAIAH,
NOW AGED ABOUT 61 YEARS,
RESIDING AT ARALALASANDRA
VILLAGE,HOSUR POST-562 109,
RAMANAGARA TALUK,
RAMANAGARA DISTRICT.







…APPELLANT

(BY SRI. GIRI MALLAIAH.,ADVOCATE)


AND:



1. UNITED INDIA INSURANCE
COMPANY LTD.,REGIONAL OFFICE,
T.P.HUB,KRISHI BHAVAN, 6TH FLOOR,
HUDSON CIRCLE,NRUPATHUNGA ROAD,
BENGALURU-560 001,
BY ITS MANAGER.



Digitally signed
by
PADMASHREE
SHEKHAR
DESAI
Location: High
Court of
Karnataka


2. MR. YUVARAJ. S
S/O. LATE SWAMY DORAI,
MAJOR,RESIDENT OF NO. 50,
PUDUNAGAR VILLAGE,
RAMAPURA POST-571 444,
KOLLEGAL TALUK,
CHAMARAJANAGAR DISTRICT.

…RESPONDENTS
(BY SRI. Y K SHESHAGIRI RAO,ADVOCATE)

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MFA No. 3770 of 2025

HC-KAR

THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DT.13.02.2025 PASSED IN MVC
NO.2943/2024 ON THE FILE OF THE XXIII ADDITIONAL SMALL
CAUSES JUDGE, MACT, BENGALURU, (SCCH-25), 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

This appeal is preferred by the appellant-claimant
against the award dated 13.02.2025 passed in MVC
No.2943/2024 by the Motor Accident Claims Tribunal,
Court of Small Causes, Bengaluru. [for short 'Tribunal']
claiming enhancement of compensation.

.
2 The claimant Ankappa met with an accident on
05.03.2024 and filed claim petition claiming compensation
of Rs.20,00,000/- along with interest towards injuries
sustained by him. The Tribunal considering the evidence
on record granted compensation of Rs.4,64,349/- along
with interest at 6% p.a. from the date of petition till the

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date of deposit of the amount in the Tribunal. Aggrieved
by the said order, this appeal is preferred in which he
mainly contended that appellant-claimant was admitted in
the hospital for 13 days and took treatment. The
appellant-claimant was doing agriculture and milk vending
work and earning Rs.25,000/- per month. PW.2-doctor
assessed the physical permanent disability at 50.18%
towards left lower limb and to the whole body at 16.72%.
Lastly, he contends that amounts granted by the Tribunal
under other heads are meager and therefore, requested
for enhancement of compensation.



3. Heard the arguments advanced by the learned
counsel for appellant and learned counsel for respondent-
Insurance Company.

4. It is stated that the appellant is doing
agriculture and milk vending by earning Rs.25,000/- per
month. But he has not filed any document to prove the
same. Since the accident occurred in the year 2024, his
notional income to be taken as ₹ 16,500/- per month as

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per the chart prepared by Karnataka State Legal Services
Authority. The petitioner was aged about 59 years at the
time of accident and the appropriate multiplier to be taken
is '9'. As per Exhibit P5- wound certificate, the appellant
sustained swelling tenderness over distal 1/3 of left leg,
abnormal mobility & deformity of lower 1/3 left leg, x-ray
leg showed fracture both bones lower 1/3 left leg and
fracture distal 1/3 tibia and fibula left side which are
grievous in nature. The appellant-claimant underwent
surgery in form of open reduction and internal fixation
both fibula and tibia distal 1/3 with plates and screws on
12.03.2024. He was on regular follow up in OPD and the
disability was assessed with following findings:
•
Healed surgical scars over let leg lower 1/3
anteromedial aspect & lower 1/3 fibula.

•
hyperpigmented area on skin over left foot and
lower 1/3 leg.

•
small sinus with scanty discharge over middle
1/3 left leg anterior aspect

•
he had moderate difficulty in squatting and
severe difficulty in standing on affected leg.
•
he had mild pain in left leg on long standing &
walking.

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•
X ray left leg showed healed fracture tibia and
fibula lower 1/3 with implants insitu.

He further contends that the appellant requires another
surgery in the form of implant removal left leg which will
cost approximately Rs.25,000/-. It is also stated that
fractures are united but the recovery is not completed and
the appellant has not produced the disability certificate
issued by the treated doctor.


5. It is further contended by the learned counsel
for appellant that the appellant has availed Ayushman
Bharat Scheme implemented by the Central Government
and availed partial medical benefits. By considering the
medical evidence this Court finds it reasonable to consider
the disability at 17% instead of 16% which was considered
by the Tribunal. Accordingly, the loss of future earning
capacity comes to Rs.3,02,940/- (16,500/-
x12x9x17/100).



6. The Tribunal has granted Rs.22,729/- towards
medical expenses and Rs.20,000/- towards future medical

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expenses and the said amounts are confirmed. Further,
the appellant was hospitalized for a period of 13 days.
Considering the nature of injuries sustained,
hospitalization and other relevant factors, this Court finds
it reasonable to grant an amount of Rs.30,000/- towards
loss of amenities Rs.40,000/- towards attendant,
conveyance, food and nourishment charges. Further, the
petitioner might not have attended to any other work at
least for a period of four months. Therefore, this Court
finds it appropriate to grant an amount of Rs.66,000/-
(16,500x4) towards loss of income during laid up period.

7. Thus in all, components awarded by this Court
are as below,

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8. Compensation is enhanced from Rs.4,64,400/-
to Rs.5,61,669/- and the enhanced compensation is
Rs. 97,269/-, which carries interest at the rate of 6% per
annum. Further, the insurance company has already
deposited the award amount before the Tribunal.
9. In the result, the following order is passed:
ORDER

i. The appeal is allowed in part .

ii. The judgment and award dated 13.02.2025
passed in MVC No.2943/2024, by the Motor
Accident Claims Tribunal, Court of Small
Causes, Bengaluru (SCCH-25), is modified;

iii. Respondent No.1 is directed to deposit the
enhanced compensation of Rs.97,269/-
with interest at the rate of 6% per annum
within one month from the date of this
order on such deposit and

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iv. Appellant-claimant is permitted to withdraw
the entire compensation with interest
accrued on it.

Sd/-
(P SREE SUDHA)
JUDGE













SSD
List No.: 1 Sl No.: 16