R YESUPRABHU vs NAGARAJA M
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 13 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL No. 5288 OF 2026
(MV-I)
BETWEEN:
R YESUPRABHU
S/O RAVI
AGED ABOUT 26 YEARS
R/O. RONUR VILLAGE
SRINIVASPURA TALUK
KOLAR DISTRICT.
NOW R/O. VEMGAL VILLAGE
VEMGAL HOBLI
KOLAR TALUK.
…APPELLANT
(BY SRI SIDDARAJA H M, ADVOCATE FOR
SRI. H PAVANA CHANDRA SHETTY, ADVOCATE)
AND:
1. NAGARAJA M
S/O. LATE. MUNIYAPPA
R/O. YALUVAGULI VILLAGE
TEKAL POST, MALUR TALUK.
2. UNITED INDIA INSURANCE CO. LTD.,
SUGUNA NURSING HOME COMPLEX
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
ANTHRAGANGE ROAD
NEAR KSRTC BUS STAND, KOLAR.
…RESPONDENTS
(BY SRI. NAGARAJAIAH K, ADVOCATE FOR R2
V/O DTD. 27.07.2026, NOTICE TO R1 IS DISPENSED WITH)
THIS MFA IS FILED UNDER SECTION 173(1) OF MV ACT,
AGAINST THE JUDGMENT AND AWARD DATED:01.06.2026.
PASSED IN MVC No.140/2025 ON THE FILE OF THE I ADDL.
DISTICT AND SESSIONS JUDGE AND MOTOR ACCIDENTS
CLAIM TRIBUNAL AT KOLAR, 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 01.06.2026 passed in MVC No.140/2025 by I
Additional District and Sessions Judge and MACT, Kolar.
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.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 3 -
HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
3. The appellant made a claim petition praying to
award compensation for the injuries sustained by him in a
road traffic accident occurred on 18.06.2025 contending
that the accident occurred due to rash and negligent
driving of the driver of car bearing registration No.KA-
05/MB-8766. 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. Towards pain and agony 35,000/-
02. Towards permanent
disability and loss of future
earning capacity
3,46,800/-
03. Towards medical expenses 66,510/-
04. Towards incidental charges 10,000/-
05. Towards loss of amenities 10,000/-
06. Towards Loss of income 10,000/-
during treatment period
4,78,310/-
4. The Tribunal also awarded interest at the rate
of 6% per annum from the date of petition till realization
and directed respondent No.2 -insurer to deposit the
award amount with interest. The claimant seeking
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
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 in the year 2025 and the
notional income fixed for the said year by the Karnataka
State Legal Service Authority is Rs.18,000/- per month
and the said income is to be taken as against Rs.17,000/-
as taken by the Tribunal. P.W.2 –doctor who has examined
the claimant and assessed his disability at 30% to the
lower limb and the Tribunal has rightly taken disability to
the whole body at 10%. The Tribunal considering the age
of the claimant i.e., 28 years has rightly applied multiplier
‘17’. In view of the above, loss of future income due to
disability is calculated as under:
Rs.18,000/-x 12 x 17 x 10% =Rs.3,67,200/-.
7. The claimant has sustained fracture of right
distal radius and ulna. Considering the said fracture
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
sustained by the claimant, compensation awarded by the
Tribunal in a sum of Rs.35,000/- towards pain and
suffering is enhanced to Rs.80,000/- and loss of amenities
awarded in a sum of Rs.10,000/- is enhanced to
Rs.60,000/-. The Tribunal based on the documents i.e.,
medical bills has rightly awarded medical expenses of
Rs.66,510/- and also rightly awarded incidental charges of
Rs.10,000/-. Considering the injuries sustained by the
claimant, he has to take rest at least for 02 months and
therefore, he is entitled to loss of income during laid up
period in a sum of Rs.36,000/- (Rs.18,000/-x 2 months)
as against Rs.10,000/- as awarded to the Tribunal.
8. In view of the above, the claimant is entitled to
total compensation under various heads as under:
Sl.No. Heads Amount in (Rs.)
01. Towards Pain and Suffering 80,000/-
02. Towards Medical Expenses 66,510/-
03. Towards incidental charges 10,000/-
04. Towards loss of amenities 60,000/-
05. Towards loss of future 3,67,200/-
income due to disability
06. Toward loss of income 36,000/-
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
during laid up period
Total 6,19,710/-
The claimant is entitled to total compensation of
Rs.6,19,710/- as against Rs.4,78,310/- with interest.
Consequently, the claimant is entitled to enhanced
compensation of Rs.1,41,400/- with interest at the rate of
6% per annum from the date of petition till realization.
Respondent No.3 -insurer is liable to pay the said
enhanced compensation with interest.
9. 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.1,41,400/- with interest at
the rate of 6% per annum from the date of
petition till realisation.
iii) Respondent No.2 -insurer shall deposit the said
enhanced compensation with interest before
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:57616
MFA No. 5288 of 2026
CNR: KAHC010485782026
the Tribunal within a period of 06 weeks from
this day.
iv) The appellant -claimant is entitled to release of
entire enhanced compensation amount.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
DSP
List No.: 1 Sl No.: 51
Ct.sm