SRI RAMESHA S vs PUTTARAJU A H
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 6 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
MISCELLANEOUS FIRST APPEAL NO. 4359 OF 2022
(MV-I)
BETWEEN:
1. SRI. RAMESHA S.,
S/O SHREE RANGAIAH,
AGED ABOUT 29 YEARS,
RESIDING AT SATHAGATTA,
URDIGERE HOBLI,
TUMKURU TALUK,
TUMKURU DISTRICT.
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of
Karnataka
…APPELLANT
(BY SRI. MANJULA D., ADVOCATE)
AND:
1. PUTTARAJU A. H.,
S/O HARIYANNA,
AGED ABOUT 25 YEARS,
ANNENAHALLI, OORAKERE POST,
- 2 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
TUMKURU TALUK,
TUMKURU DISTRICT.
(OWNER OF THE CAR BEARING
REG NO.KA-03-MB 4323)
2. THE NEW INDIA ASSURANCE COMPANY LTD.,
OPP. SRI RAMA MANDIRA (BAR LINE ROAD),
K. R. EXT, GENERAL KARIYAPPA ROAD,
TUMKURU TOWN,
(POLICY NO.67250031180200002819
VALID FROM 18-07-2018 TO 17-07-2019)
…RESPONDENTS
(BY SRI. G.GOVINDARAJAN., ADVOCATE FOR R2;
R2 IS SERVED)
----
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 26.10.2021, PASSED IN
MVC.NO.1320/2019, ON THE FILE OF THE II ADDITIONAL
DISTRICT JUDGE AND M.A.C.T. AT TUMAKURU, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND
SEEKING ENHANCEMENT OF COMPENSATION.
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS
DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
- 3 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
1. This appeal has been filed by the appellant
seeking enhancement of the compensation being
aggrieved by the judgment and award dated 26.10.2021
passed in MVC.No.1320/2019 on the file of the II
Additional and District Judge and MACT, Tumakuru,
wherein, the Tribunal has awarded compensation for a
sum of Rs.5,76,000/- with interest at 6% per annum.
Factual matrix of the case:
2. The case of the appellant is that on 08.07.2019
the claimant was proceeding on his Hero Splendor Plus
vehicle bearing registration No.KA-06-EX-2746 from
Sathaghatta to Urdigere and reached near Belgumba
village, Kasaba Hobli, Tumakuru. At that time, a car
bearing registration No.KA-03-MB-4323 came in a rash
and negligent manner without following the traffic rules
dashed from the hind side. Consequently, the appellant fell
- 4 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
down from the vehicle and sustained injuries where he lost
his both legs, immediately he was shifted to Adithya
Orthopedic Centre, Tumakuru and he took treatment as
in-patient and he was there in the hospital for ten days.
Hence, he filed a claim petition before the Tribunal. The
Tribunal awarded compensation for a sum of
Rs.5,76,000/- Being aggrieved by the same the appellant
is before this Court seeking enhancement of
compensation.
3. Learned counsel for the appellant submits that
the Tribunal has committed error in awarding the
compensation which is improper and disproportionate.
Therefore, the same is required to be enhanced. The
Tribunal has not properly assessed the disability,
consequently, the compensation under the head of loss of
future earning has been curtailed. Even on the other
conventional heads the Tribunal has not awarded adequate
compensation, therefore, it has to be enhanced in order to
- 5 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
meet the ends of justice. Making such submissions learned
counsel for the appellant prays to allow the appeal.
Per Contra
4. , learned counsel for the respondent
No.2 vehemently justified the award passed by the
Tribunal and prays to dismiss the appeal.
5. Having heard learned counsel for the respective
parties and on perusal of the findings of the Tribunal, the
Tribunal has awarded compensation in respect of medical
expenses is proper and appropriate. No doubt, the
accident had occurred in the year 2019. The notional
income is of Rs.14,000/-, 10% disability has to be
considered as per the evidence of PW-2/Doctor who
deposed before the Court regarding the disability.
Therefore, the calculation in respect of loss of future
income due to disability is calculated as follows:
14,000 x 12 x 17 x 10% = 2,85,600/-
- 6 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
6. Further, loss of earning during the laid up
period to be considered for three months on considering
the nature of injuries sustained, therefore, under the said
conventional head the amount would be assessed as
14,000 x 3 = 42,000/-. The Tribunal has awarded
Rs.20,000/- towards pain and suffering. However, it has to
be enhanced by adding Rs.30,000/- and attendant charges
also requires to be enhanced to Rs.7,000/- and loss of
amenities also requires to be enhanced to Rs.20,000/-. In
addition to these enhancements, it is also required to
enhance future medical expenses for a sum of Rs.10,000/-
in addition to the compensation awarded by the Tribunal.
7. Consequently, the award of the Tribunal is
modified and the claimant would be entitled to the
compensation as under:-
- 7 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
Award Amount
(In Rupees)
Sl.
Heads
No.
This
Tribunal
Court
1. Medical expenses 2,92,000 2,92,000
2. Loss of earnings
during the treatment
period
30,000 42,000
3. Loss of future earning
due to permanent
disability
2,04,000 2,85,600
4. Pain and Suffering 20,000 50,000
5. Loss of amenities 10,000 20,000
6. Attendant charges,
conveyance, food and
nourishment charges
10,000 17,000
7. Future medical
expenses
10,000 20,000
TOTAL 5,76,000 7,26,600
8. In the light of the observations made above, I
proceed to pass the following:-
ORDER
i) This Miscellaneous First Appeal is
allowed in part.
- 8 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
ii) The judgment and award dated
26.10.2021 passed in MVC.No.1320/2019
on the file of the II Additional and District
Judge and MACT, Tumakuru, is modified,
granting compensation of Rs.7,26,600/-
(Rupees Seven Lakh Twenty Six
Thousand Six Hundred only) as against
Rs.5,76,000/- awarded by the Tribunal.
iii) The claimant is entitled to enhanced
compensation of Rs.1,50,600/- with
interest at the rate of 6% per annum
from the date of this appeal till
realization.
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.
- 9 -
HC-KAR
NC: 2026:KHC:55599
MFA No. 4359 of 2022
CNR: KAHC010265562022
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
NM/-
List No.: 1 Sl No.: 52