SUDHAKARA vs SURESHA S K
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
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. 4404 OF 2026
(MV-I)
BETWEEN:
SUDHAKARA
S/O PUTTAMADEGOWDA,
AGED ABOUT 33 YEARS,
R/AT SHINDABHOGANAHALLI VILLAGE,
CHINAKURALI HOBLI, PANDAVAPURA TALUK,
MANDYA DISTRICT-571 439.
…APPELLANT
(BY SRI. SREENIVASAN M.Y., ADVOCATE)
AND:
1. SURESHA S.K.
S/O KUNTEGOWDA,
AGED ABOUT 38 YEARS,
R/AT SHINDABHOGANAHALLI VILLAGE,
CHINAKURALI HOBLI, PANDAVAPURA TALUK,
MANDYA DISTRICT - 571 439.
2. THE MANAGER
ORIENTAL INSURANCE CO. LTD.,
NEW MUSLIM HOTEL COMPLEX,
OPP. FIRE BRIGADE, 1ST MAIN,
SARASWATHIPURAM,
MYSORE - 570 005.
…RESPONDENTS
(BY SRI. JANARDHAN REDDY, ADVOCATE FOR R2;
VIDE ORDER DATED 16.10.2026, NOTICE TO R1
IS DISPENSED WITH)
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
THIS MFA IS FILED U/S.173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 22.03.2025 PASSED IN MVC
NO.185/2023 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND MACT AT PANDAVAPURA, 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 MR. JUSTICE SHIVASHANKAR AMARANNAVAR
ORAL JUDGMENT
This appeal is filed by the claimant challenging the
dismissal of the claim petition passed by the Tribunal vide
Judgment and Award dated 22.03.2025 passed in MVC
No.185/2023 by Additional Senior Civil Judge and MACT,
Pandavapura.
2. Even though the matter is listed today for
orders/admission, with the consent of both the learned
counsel for appellant and learned counsel for respondent
No.2/insurer, the matter 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:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
3. The appellant/claimant made a claim petition
seeking for award of compensation for the injury sustained
by him in a road traffic accident occurred on 24.11.2022
contending that the accident occurred due to rash and
negligent riding by the rider of motorcycle bearing
registration No.KA-11-EM-0842.
4. The Tribunal recorded the evidence adduced by
the parties and upon appreciating the evidence on record
has dismissed the claim petition by the impugned
Judgment. The claimant has challenged the said Judgment
of the Tribunal in the present appeal.
5. Heard the learned counsel for appellant and
learned counsel for respondent No.2/insurer.
6. Learned counsel for the appellant would
contend that, the Tribunal has doubted the case of the
claimant on the ground that there is a delay in filing the
FIR and out of the medical bills produced, two bills dates
contain prior to the accident. Merely delay in lodging the
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 4 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
FIR is not fatal to the claim petition and on that point he
placed reliance on the decision of Hon'ble Apex Court in
the case of RAVI vs. BADRINARAYAN AND OTHERS
reported in AIR 2011 SC 1226 .
7. He further submits that, the charge sheet has
been filed against the rider of insured motorcycle. The
Tribunal has erred in mentioning that the fracture is
sustained to the right leg and dismissed the claim petition
on that ground, but the record indicates that the claimant
has sustained right clevical fracture. The claimant was
aged thirty (30) years and Doctor who examined has
assessed his disability and stated that he has sustained
24% disability to the upper limb and the claimant has
been admitted in hospital for five (05) days. Considering
these aspects, the claimant is entitled to compensation
under various heads. With these, he prayed to allow the
appeal and award compensation.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 5 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
8. Learned counsel for respondent No.2/insurer
would contend that, there is a delay in filing the FIR and
medical bills produced contain two bills which bear dates
prior to the accident. Considering the said aspect, the
Tribunal has rightly dismissed the claim petition. With
these, he prayed for dismissal of the appeal.
9. Having heard the learned counsel for
appellant/claimant and learned counsel for respondent
No.2/insurer, the Court has perused the impugned
Judgment, Award and trial Court records.
10. The following points are raised for
consideration:
I) Whether the appellant/claimant has
established that he sustained injuries as a
result of road traffic accident occurred on
24.11.2022 at about 7:30 p.m. while he
was a pillion rider on bike bearing
registration No.KA-11-EU-0599, due to
rash and negligent riding of the rider of
bike/motorcycle bearing registration
No.KA-11-EM-0842?
II) Whether the appellant/claimant is entitled
to compensation, if so what amount?
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 6 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
REASONS
11. POINT NO.I : The accident occurred on
24.11.2022 at about 07:30 p.m. Ex.P5, the Discharge
Summary indicates that the claimant has been admitted in
hospital on 24.11.2022 and discharged on 28.11.2022.
Ex.P1 contains FIR and it is filed on 01.12.2022. The first
information filed by the claimant which is enclosed to FIR
contains explanation for delay in lodging the FIR that the
claimant was taking treatment in the hospital for injuries
sustained by him in the accident. The Hon'ble Apex Court
in the case of RAVI supra is held as under:
" 20. It is well-settled that delay in lodging
FIR cannot be a ground to doubt the claimant's
case. Knowing the Indian conditions as they are, we
cannot expect a common man to first rush to the
Police Station immediately after an incident. Human
nature and family responsibilities occupy the mind
of kith and kin to such an extent that they give
more importance to get the victim treated rather
than to rush to the Police Station. Under such
circumstances, they are not expected to act
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 7 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
mechanically with promptitude in lodging the FIR
with the Police. Delay in lodging the FIR thus,
cannot be the ground to deny justice to the victim.
In cases of delay, the courts are required to
examine the evidence with a closer scrutiny and in
doing so; the contents of the FIR should also be
scrutinized more carefully. If court finds that there
is no indication of fabrication or it has not been
concocted or engineered to implicate innocent
persons then, even if there is a delay in lodging the
FIR, the claim case cannot be dismissed merely on
that ground."
12. The Discharge Summary clearly indicates that
the claimant has been admitted in hospital on 24.11.2022,
it is on the date of accident. Ex.P2 - Wound Certificate
indicates that the claimant has sustained injuries in a road
traffic accident occurred on 24.11.2022. More so, the
Police have filed the charge sheet against the rider of
motorcycle bearing registration No.KA-11-EM-0842. These
documents clearly establishes that the claimant sustained
injuries in a road traffic accident occurred on 24.11.2022
and the accident occurred due to rash and negligent riding
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 8 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
of the rider of motorcycle bearing registration No.KA-11-
EM-0842. Accordingly, point No.I is answered.
13. POINT NO.II : Ex.P2 - Wound Certificate
indicates that the claimant has sustained right clevical
fracture. Ex.P5 indicates that the claimant has sustained
right clevical fracture. Considering the said injuries
sustained by the claimant, he is entitled to compensation
towards pain and sufferings in a sum of Rs.30,000/- and
loss of amenities in a sum of Rs.25,000/-.
14. The claimant has been admitted in hospital for
five (05) days as mentioned in Ex.P5 - Discharge
Summary and therefore entitled to attendant, conveyance,
food and nourishment charges in a sum of Rs.5,000/-
(Rs.1,000/- X 05 days).
15. Considering the fractures sustained, the
claimant has to take rest atleast for one (01) month and
therefore, he is entitled to loss of income during laid up
period in a sum of Rs.15,000/-. The accident occurred in
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 9 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
the year 2022 and considering the said year of the
accident, the notional income fixed for the said year is
Rs.15,000/- per month and the said income is to be taken.
16. P.W.2 - Doctor who examined the claimant has
assessed his disability and stated that the claimant has
sustained 24% disability to the upper limb. In cases of
disability to the upper limb, 1/4th of the same is to be
taken as disability to the whole body. Therefore, the
disability to be taken is 6% (1/4th of 24%).
17. The claimant was aged thirty (30) years and
multiplier applicable is '17'. In view of the same, loss of
future income due to disability is calculated as under:
Rs.15,000/- X 12 X 17 X 6% = Rs.1,83,600/-
18. Ex.P3 contains medical bills and out of them,
two bills date are prior to the accident. Excluding those
two bills, the total medical expenses of other bills is
Rs.56,242/-. Therefore, the claimant is entitled to medical
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 10 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
expenses of Rs.56,242/-. Accordingly, point No.II is
answered.
19. Considering all the above aspects, the claimant
is entitled to total compensation under various heads as
under:
Sl.
No.
Particulars Amount
1. Pain and sufferings Rs. 30,000/-
2. Loss of amenities Rs. 25,000/-
3. Loss of income during laid
up period
Rs. 15,000/-
4. Attendant, conveyance, food
and nourishment charges
Rs. 5,000/-
5. Medical expenses Rs. 56,242/-
6. Loss of income due to
disability
Rs. 1,83,600/-
Total Rs. 3,14,842/-
20. The claimant is entitled to total compensation of
Rs.3,14,842/- with interest at the rate of 6% per annum
from the date of petition till realisation.
21. Respondent No.2/insurer is liable to pay the
said compensation amount with interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 11 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
22. The appellant/claimant is not entitled to interest
for the delay period of 335 days in filing the appeal as per
order dated 16.10.2026 passed on I.A.No.1/2026.
23. In view of the above, the following:
ORDER
i) Miscellaneous First Appeal is allowed-in-
part.
ii) Judgment of the Tribunal passed in MVC
No.185/2023 dated 22.03.2025 by
Additional Senior Civil Judge and MACT,
Pandavapura is set aside.
iii) The claim petition filed by the
appellant/claimant is party allowed.
iv) The appellant/claimant is entitled to the
compensation of Rs.3,14,842/- with
interest at the rate of 6% per annum from
the date of petition till realisation.
v) Respondent No.2/insurer shall deposit the
said compensation amount with interest
before the Tribunal within a period of six
weeks from this day.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
- 12 -
HC-KAR
NC: 2026:KHC:58787
MFA No. 4404 of 2026
CNR: KAHC010400012026
vi) The appellant/claimant is not entitled to
interest for the delay period of 335 days in
filing the appeal.
vii) The appellant/claimant is entitled to release
of entire compensation amount with
interest.
Digitally Signed By:
SHIVASHANKAR BASAPPA
AMARANNAVAR
JUDGE, HIGH COURT OF KARNATAKA
(SHIVASHANKAR AMARANNAVAR)
JUDGE
KLV
List No.: 1 Sl No.: 12