K. J. BHARATH, vs SRI. REJI MATHEW,
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 16 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR
MISCELLANEOUS FIRST APPEAL NO. 233 OF 2025 (MV-I)
BETWEEN:
K. J. BHARATH,
S/O. K. R. JAYARAM,
AGED ABOUT 32 YEARS,
R/AT RAYAPPA COMPOUND,
NEW EXTENSION,
KUNIGAL TOWN,
TUMKUR DISTRICT-572 130.
…APPELLANT
(BY SRI. M V MAHESWARAPPA.,ADVOCATE)
AND:
1. SRI. REJI MATHEW,
S/O. JACO, MAJOR IN AGE,
R/AT NO. 214,
GABRIEL BUILDING,
CHIKKA KAMMANAHALLI,
GOTTIGERE,
BENGALURU-560 083.
2. THE DIVISIONAL MANAGER
M/S. UNITED INDIA INSURANCE CO. LTD.,
DIVISIONAL OFFICE,
6TH FLOOR, KRUSHI BHAVAN,
NRUPATHUNGA ROAD,
HUDSON CIRCLE,
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
BENGALURU-560 001.
…RESPONDENTS
(BY SRI. P.B. RAJU.,ADVOCATE FOR R2;
V/O DATED 18.08.2026, NOTICE TO R1 IS DISPENSED
WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.8.2024 PASSED IN MVC
NO. 2681/2021 ON THE FILE OF THE CHIEF JUDGE, MEMBER,
PRINCIPAL M.A.C.T., BENGALURU (SCCH-1), 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
1. This appeal is filed by the claimant seeking
enhancement of compensation awarded in the judgment
and award dated 22.08.2024 passed in MVC No.
2681/2021 by the Chief Judge, Court of Small Causes and
Member, MACT, Bengaluru (SCCH-1).
2. Even though the appeal is listed for `Admission’
today, with the consent of the learned counsel appearing
for appellant – claimant and learned counsel appearing for
respondent No. 2 – Insurer it is taken up for disposal.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
3. Appellant – claimant made a claim petition
praying to award compensation for the injuries sustained
by him in a road traffic accident that occurred on
08.11.2020 due to the rash and negligent driving by the
rider of motorcycle bearing registration No. KA-51-Y-7071
on which the claimant was a pillion rider. The Tribunal
after recording evidence, appreciating the evidence on
record, assessed the compensation and awarded
compensation under different heads as under:
1 Pain and sufferings Rs.70,000/-
2 Towards treatment Rs.77,000/-
3 Attendant, conveyance and Rs.25,000/-
nourishment charges
4 Loss of income during Rs.56,000/-
treatment
5 Loss of amenities and future Rs.50,000/-
happiness
Total Rs.2,78,000/-
4. The Tribunal has also awarded interest at the
rate of 6% p.a. from date of petition till the date of
realization and directed respondent No. 2 – Insurer to
deposit the said award amount with interest. Claimant
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
seeking enhancement of the compensation awarded, has
filed the present appeal.
5. Heard learned counsel for appellant – claimant
and learned counsel for respondent No. 2 – Insurer.
6. The accident occurred on 08.11.2020 and as on
the date of accident claimant was aged 34 years.
Considering the said age of the claimant multiplier
applicable is `16’. The Tribunal has rightly taken the
notional income fixed by the Karnataka State Legal
Services Authority for the year 2020 in a sum of
Rs.14,000/-.
7. Claimant had sustained the following injuries:
st
a. Right proximal tibial fracture with base of right 1
metacarpal
th
b. Fracture of the right middle phalynx 4 digit
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
8. Considering the said injuries compensation
awarded by the Tribunal towards pain and suffering and
loss of amenities is just and proper.
9. The Tribunal, considering the medical expenses
incurred, rightly awarded Rs.77,000/- towards medical
treatment.
10. The Tribunal has rightly awarded attendant,
conveyance, food and nourishment in a sum of
Rs.25,000/- and loss of income during laid up period for 4
months in a sum of Rs.56,000/-.
11. The Tribunal has not awarded loss of future
income due to disability. Claimant was working as Office
Boy in Union Bank on contract basis and due to the
accident, he lost the said job. Therefore, claimant is
entitled to loss of future income due to disability.
12. P.W.3 – Doctor has stated that claimant had
sustained 36.58% to the right lower limb. In case of
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
rd
disability to the lower limb 1/3 of the same is to be taken
the whole body. Therefore, disability to the whole body is
taken at 12%.
13. In view of the above, loss of income due to
disability is calculated as under:
14,000 X12 X 16 X 12% = Rs.3,22,560/-
14. Considering the above aspects claimant is
entitled to enhanced compensation of Rs.3,22,560/- with
interest at the rate of 6% p.a. from the date of petition till
the date of realization. Respondent No. 2 – Insurer is
liable to pay the said enhanced compensation with
interest.
15. In view of the above, the following;
O R D E R
a) Appeal is allowed in part.
b) Appellant - claimant is entitled to enhanced
compensation of Rs.3,22,560/- with interest at the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
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HC-KAR
NC: 2026:KHC:59236
MFA No. 233 of 2025
CNR: KAHC010011392025
rate of 6% p.a. from the date of petition till the
date of realization.
c) Respondent No. 2 – Insurer shall deposit the
enhanced compensation with interest before the
Tribunal within six weeks from this day.
d) Appellant - claimant is entitled to release of 50% of
the enhanced compensation and remaining 50%
shall be kept in Fixed Deposit in the name of the
appellant with the Karnataka Bank, City Civil Court
Branch, Bengaluru, for a period of 3 years.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
LRS
List No.: 1 Sl No.: 27