CHANNAPPA vs M/S UNITED INDIA INSURANCE CO LTD
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 2947 OF 2021
(MV-I)
BETWEEN:
1. CHANNAPPA,
S/O LATE HOLIYAPPA,
AGED ABOUT 40 YERARS,
R/AT NAGAVANGALA VILLAGE,
KUDLUR POST, AJJAMPURA HOBLI,
TARIKERE TALUK,
CHIKMAGALURU DISTRICT – 577 116.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
…APPELLANT
(BY SRI. GURUDEV PRASAD K. T., ADVOCATE)
AND:
1. M/S UNITED INDIA INSURANCE CO. LTD.,
TH TH
TP CLAIMS HUB, 5 AND 6 FLOOR,
KRUSHI BHAVAN, HUDSON CIRCLE,
BENGALURU – 560 002.
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
BY ITS MANAGER.
2. MR. INDIRA M.,
S/O MYLARAPPA,
R/AT WARED NO.8, MALATESH RAOD,
AJJAMPURA, TARIKERE
CHIKMAGALORE DISTRICT - 577 547.
…RESPONDENTS
(BY SRI. B. PRADEEP., ADVOCATE FOR R1;
R2 IS SERVED)
----
THIS MFA IS FILED U/S.173(1) OF MV ACT, AGAINST THE
JUDGMENT AND AWARD DATED 03.04.2021, PASSED IN
MVC.NO.581/2019, ON THE FILE OF THE III ADDITIONAL
JUDGE AND MEMBER, M.A.C.T., COURT OF SMALL CAUSES,
BENGALURU (SCCH-18), 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 S RACHAIAH
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
ORAL JUDGMENT
1. This appeal has been filed by the claimant/appellant
seeking enhancement of compensation, being aggrieved by the
judgment and award dated 03.04.2021 passed in MVC
No.581/2019 on the file of the III Additional Motor Accidents
Claims Tribunal, Bengaluru (SCCJ-18) (for short, ‘Tribunal’),
wherein the Tribunal awarded compensation of Rs.4,56,750/-
with interest at 8% p.a. from the date of petition till realization.
2. The rank of the parties will be considered henceforth as
per their rankings before the Trial Court.
3. The fact of the case is that on 29.12.2018 at about 10.30
a.m., the petitioner was traveling as a pillion rider in a
motorcycle bearing Reg. No KA-18-ED-7371 along with his
friend Mr.Nagaraju on Giriyapura Gate and his friend Nagaraju
was riding the motorcycle slowly, cautiously on the left side of
the road and when they reached near Channapura Village,
Birur-Channagiri Road, at that time, the driver of the Tractor
and Trailer bearing Reg. No KA-18-TA-4482/83, drove the
same in a rash and negligent manner so as to endanger the
human life and dashed against the petitioner’s vehicle. Due to
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
the impact, the petitioner fell down on the road and sustained
grievous injuries. Immediately he was shifted to Government
Hospital, Ajjampura wherein he has taken first aid treatment
and then, he was shifted to Government Hospital, Tarikere and
thereafter, he was taken to Government Hospital, Shivamogga
and then shifted to Victoria Hospital, Bengaluru for better
treatment, wherein he has taken treatment as inpatient.
4. Heard Sri Gurudev Prasad K.T., learned counsel for
appellant and Sri B. Pradeep, learned counsel for respondent
No.1.
5. Learned counsel for the appellant submitted that the
Tribunal has failed to consider proper compensation on
considering the disability. In fact, the appellant had sustained
injuries and he was treated as inpatient for a period of 15 days.
The income of the appellant ought to have been considered
properly for the purpose of determining the loss of future
income. Having not considered the proper income resulted in
passing the impugned judgment which requires to be set aside.
Making such submissions, learned counsel for appellant prays
to allow the appeal.
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
6. Per contra, learned counsel representing the respondent
No.1 vehemently justified the award passed by the Tribunal
and stated that the Tribunal has awarded fair compensation
which requires no modification. Making such submissions,
learned counsel for respondent No.1 prays to dismiss the
appeal.
7. Having gone through the compensation awarded under
the different conventional heads, towards loss of pain and
sufferings, it is appropriate to enhance Rs.20,000/- on
considering the fractures sustained. The loss of amenities to be
enhanced to another Rs.20,000/- in addition to the award. In
addition to the same under the loss of future income, on
considering the disability of 15%, it is relevant to add 25%
future prospects.
8. Having heard learned counsel for the respective parties
and on perusal of the findings of the Consequently, the award
of the Tribunal is modified and the claimant would be entitled to
the compensation as under:-
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
Award amount
Sl.
Particulars
(in Rupees)
No.
Tribunal This
Court
01 Loss of future income
3,15,000 3,93,750
12,500+25%=15625x12x14x15%
02 Pain and suffering 40,000 60,000
03 Medical expenses 13,250 13,250
04 Conveyance, food, nourishment, 20,000 20,000
attendant charges
05 Loss of income during laid up 28,500 37,500
period(12,500X3)
06 Loss of amenities in life 20,000 40,000
07 Future Medical Expenses 20,000 20,000
TOTAL
4,56,750
5,84,500
-4,56,750
=1,27,750
8. In the light of the observations made above, I proceed to
pass the following:-
ORDER
i) Miscellaneous First Appeal is allowed in part.
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HC-KAR
NC: 2026:KHC:56749
MFA No. 2947 of 2021
CNR: KAHC010264522021
ii) The judgment and award dated 03.04.2021 in MVC
No.581/2019 passed by the Additional Motor Accidents
Claims Tribunal and Principal Senior Civil Judge, Udupi, is
modified, granting compensation of Rs.5,87,500/- as
against Rs.4,56,750/- awarded by the Tribunal.
iii) The claimant is entitled to enhanced compensation of
Rs.1,27,750/- with interest at the rate of 6% per
annum from the date of this appeal till realisation.
iv) The enhanced compensation amount shall be deposited
by the Insurance Company within a period of six weeks
from date of receipt of the certified copy of this
judgment.
v) The Registry is directed to communicate the order to the
Tribunal and send the records to the Trial Court forthwith.
Sd/-
(S RACHAIAH)
JUDGE
JS, List No.: 1 Sl No.: 28