Full Judgment Text
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NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 2610 OF 2015 (MV-DM)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2609 OF 2015 (MV-I)
IN MFA No. 2610/2015
BETWEEN:
SRI. RATHNAPPA
S/O SRI. NANJUNDAPPA,
AGE 58 YEARS,
R/O.NO.55, 4TH A CROSS,
BEHIND COURT, M.V.EXTENSION,
HOSAKOTE, BANGALORE RURAL
DISTRICT - 562 114.
…APPELLANT
(BY SRI. SURESH M. LATUR, ADVOCATE)
AND:
1.
SRI. SHANTHA KUMAR
R/O NO.92, CHATHRAKODIHALLI,
BEGALI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. THE REGIONAL MANAGER
NATIONAL INSURANCE CO.LTD.,
SUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2;
VIDE ORDER DATED 25.10.2016, NOTICE TO R1
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC
NO.4482/2011 ON THE FILE OFTHE JUDGE, COURT OF SMALL
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
CAUSES & XXVI ACMM, MACT (SCCH-09) BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 2609/2015
BETWEEN:
SRI. ANAND @ ANAND KUMAR
S/O SRI. RATHNAPPA,
AGE: 22 YEARS, OCC: DRIVER,
R/O NO.55, 4TH A CROSS,
BEHIND COURT, M.V. EXTENSION,
HOSAKOTE, BENGALURU RURAL
DISTRICT - 562 114.
...APPELLANT
(BY SRI. SURESH M. LATUR, ADVOCATE)
AND:
1. SRI. SHANTHA KUMAR
R/O NO.92, CHATHRAKODIHALLI,
BEGALI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
2. THE REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
SUBHARAM COMPLEX, M.G. ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R2;
V/O/D 22.03.2019, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC
NO.4481/2011 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES, & XXVI ACMM, MACT, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
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NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL COMMON JUDGMENT
IN MFA NO.2610/2015:
This appeal is filed by the appellant/petitioner against the
common award passed by the Tribunal in MVC No. 4482/2011,
dated 16.08.2014 seeking compensation of Rs.5,00,000/- for
damages caused to the vehicle. However, the Tribunal granted
meager compensation of Rs.61,000/-.
2 Aggrieved by the said award, the appellant
preferred an appeal mainly contenting that the Tribunal
granted global compensation of Rs.61,000/- along with
interest at 6% per annum. Exhibit P9 - IMV report is not
considered, which clearly shows that due to the accident both
the doors of the right side, chassis, rear dickey, top floor, front
window screen glass broken and engine body were damaged to
Maruthi car. Exhibit P10 is the copy of vehicle repair estimation.
But it was rejected without assigning any reasons. Hence, the
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
appellant requested for enhancement of the compensation with
interest at the rate of 18% per annum.
3 Admittedly, the appellant purchased the second-
hand vehicle in 2005. A few months prior to the accident, he
insured the vehicle with Royal Sundaram Alliance Insurance
Company. As per Exhibit R5, dated 17.03.2011, he declared the
total value of the vehicle is Rs.1,26,000/- for insurance
purposes. Since this policy was taken just two months before
the accident, he cannot claim its value as more than
Rs.1,26,068/-. Exhibit R3 is the survey report. Even after the
accident, surveyor also assessed the vehicle and stated that the
liability of the Insurance Company is not more than
Rs.1,20,284/- for the entire vehicle.
4. The Petitioner borrowed a loan from the
Cholamandalam Finance Company Limited. But even after the
accident, he could not clear the loan amount, as such, he
surrendered the vehicle to the said finance Company and they
have sold it for Rs.65,000/- and closed the account. Therefore,
the Tribunal observed that the actual value of the vehicle as per
Ex.P5 was Rs. 1,26,068, and it was admittedly sold for Rs.
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
65,000/-. Therefore, the petitioner is only entitled for
compensation of Rs.61,000/-. In the light of the above
discussion, this Court finds no reason to interfere with the said
order. Consequently, the appeal is dismissed and the award
passed by the Tribunal is confirmed.
IN MFA NO.2609/2015
1. Heard the arguments of both sides.
2. MFA No. 2609/2015 is filed against the Award of the
Tribunal in MVC No.4481/2011.
3. The claimant met with an accident on 10.05.2011
and filed claim petition claiming compensation of
Rs.5,00,000/-. However, the Tribunal considering the entire
evidence on record, granted compensation of Rs.2,39,000/-
with interest at 6% per annum from the date of petition till
date of realiazation.
4. Aggrieved by the said award, the claimant/appellant
preferred an appeal mainly contending that the petitioner
sustained blunt injuries on his chest and forehead and multiple
st th th th
rib fracture of 1 to 5 , 7 and 9 ribs on the right side and he
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C/W MFA No. 2609 of 2015
HC-KAR
had abrasion on his chest and back, left side forehead and left
foot. The petitioner was treated as inpatient from 11.05.2011
to 20.05.2011. He examined the doctor as P.W.3 and he
assessed the whole body disability as 15%. He was aged 19
years, working as a driver and earning Rs.10,000/- per month.
But the Tribunal granted inadequate compensation and also
granted weaker amounts under the other heads and thus,
requested for enhancement of the compensation.
5. Learned counsel for the respondent stated that he
has not surrendered his driving licence to show that after the
accident, he could not drive the vehicle. As such, he is not
entitled for any compensation amount under the head loss of
future earning capacity, the Tribunal has rightly not granted
any amount and the same is to be confirmed.
6. Though, the petitioner stated that he was working
as a driver and earning Rs.10,000/- per month. However, he
has not filed any income proof, as he met with an accident in
the year 2011, his notional income is to be taken as Rs.
6,500/- per month as per the chart prepared by Karnataka
State Legal Services Authority. He was aged 19 years and the
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HC-KAR
multiplier is '18'. the petitioner sustained following injuries as
per wound certificate-Ex.P5:
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MRS. JUSTICE P SREE SUDHA
MISCELLANEOUS FIRST APPEAL NO. 2610 OF 2015 (MV-DM)
C/W
MISCELLANEOUS FIRST APPEAL NO. 2609 OF 2015 (MV-I)
IN MFA No. 2610/2015
BETWEEN:
SRI. RATHNAPPA
S/O SRI. NANJUNDAPPA,
AGE 58 YEARS,
R/O.NO.55, 4TH A CROSS,
BEHIND COURT, M.V.EXTENSION,
HOSAKOTE, BANGALORE RURAL
DISTRICT - 562 114.
…APPELLANT
(BY SRI. SURESH M. LATUR, ADVOCATE)
AND:
1.
SRI. SHANTHA KUMAR
R/O NO.92, CHATHRAKODIHALLI,
BEGALI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
Digitally signed
by
SHARADAVANI
B
Location: High
Court of
Karnataka
2. THE REGIONAL MANAGER
NATIONAL INSURANCE CO.LTD.,
SUBHARAM COMPLEX, M.G.ROAD,
BANGALORE - 560 001.
…RESPONDENTS
(BY SMT. MANJULA N. TEJASWI, ADVOCATE FOR R2;
VIDE ORDER DATED 25.10.2016, NOTICE TO R1
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC
NO.4482/2011 ON THE FILE OFTHE JUDGE, COURT OF SMALL
- 2 -
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
CAUSES & XXVI ACMM, MACT (SCCH-09) BANGALORE, PARTLY
ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
IN MFA NO. 2609/2015
BETWEEN:
SRI. ANAND @ ANAND KUMAR
S/O SRI. RATHNAPPA,
AGE: 22 YEARS, OCC: DRIVER,
R/O NO.55, 4TH A CROSS,
BEHIND COURT, M.V. EXTENSION,
HOSAKOTE, BENGALURU RURAL
DISTRICT - 562 114.
...APPELLANT
(BY SRI. SURESH M. LATUR, ADVOCATE)
AND:
1. SRI. SHANTHA KUMAR
R/O NO.92, CHATHRAKODIHALLI,
BEGALI POST, KOLAR TALUK,
KOLAR DISTRICT - 563 101.
2. THE REGIONAL MANAGER
NATIONAL INSURANCE CO. LTD.,
SUBHARAM COMPLEX, M.G. ROAD,
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. O. MAHESH, ADVOCATE FOR R2;
V/O/D 22.03.2019, NOTICE TO R1 IS
DISPENSED WITH)
THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.08.2014 PASSED IN MVC
NO.4481/2011 ON THE FILE OF THE JUDGE, COURT OF SMALL
CAUSES, & XXVI ACMM, MACT, BANGALORE, PARTLY ALLOWING
THE CLAIM PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF COMPENSATION.
- 3 -
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
THESE APPEALS, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA
ORAL COMMON JUDGMENT
IN MFA NO.2610/2015:
This appeal is filed by the appellant/petitioner against the
common award passed by the Tribunal in MVC No. 4482/2011,
dated 16.08.2014 seeking compensation of Rs.5,00,000/- for
damages caused to the vehicle. However, the Tribunal granted
meager compensation of Rs.61,000/-.
2 Aggrieved by the said award, the appellant
preferred an appeal mainly contenting that the Tribunal
granted global compensation of Rs.61,000/- along with
interest at 6% per annum. Exhibit P9 - IMV report is not
considered, which clearly shows that due to the accident both
the doors of the right side, chassis, rear dickey, top floor, front
window screen glass broken and engine body were damaged to
Maruthi car. Exhibit P10 is the copy of vehicle repair estimation.
But it was rejected without assigning any reasons. Hence, the
- 4 -
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
appellant requested for enhancement of the compensation with
interest at the rate of 18% per annum.
3 Admittedly, the appellant purchased the second-
hand vehicle in 2005. A few months prior to the accident, he
insured the vehicle with Royal Sundaram Alliance Insurance
Company. As per Exhibit R5, dated 17.03.2011, he declared the
total value of the vehicle is Rs.1,26,000/- for insurance
purposes. Since this policy was taken just two months before
the accident, he cannot claim its value as more than
Rs.1,26,068/-. Exhibit R3 is the survey report. Even after the
accident, surveyor also assessed the vehicle and stated that the
liability of the Insurance Company is not more than
Rs.1,20,284/- for the entire vehicle.
4. The Petitioner borrowed a loan from the
Cholamandalam Finance Company Limited. But even after the
accident, he could not clear the loan amount, as such, he
surrendered the vehicle to the said finance Company and they
have sold it for Rs.65,000/- and closed the account. Therefore,
the Tribunal observed that the actual value of the vehicle as per
Ex.P5 was Rs. 1,26,068, and it was admittedly sold for Rs.
- 5 -
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
65,000/-. Therefore, the petitioner is only entitled for
compensation of Rs.61,000/-. In the light of the above
discussion, this Court finds no reason to interfere with the said
order. Consequently, the appeal is dismissed and the award
passed by the Tribunal is confirmed.
IN MFA NO.2609/2015
1. Heard the arguments of both sides.
2. MFA No. 2609/2015 is filed against the Award of the
Tribunal in MVC No.4481/2011.
3. The claimant met with an accident on 10.05.2011
and filed claim petition claiming compensation of
Rs.5,00,000/-. However, the Tribunal considering the entire
evidence on record, granted compensation of Rs.2,39,000/-
with interest at 6% per annum from the date of petition till
date of realiazation.
4. Aggrieved by the said award, the claimant/appellant
preferred an appeal mainly contending that the petitioner
sustained blunt injuries on his chest and forehead and multiple
st th th th
rib fracture of 1 to 5 , 7 and 9 ribs on the right side and he
- 6 -
NC: 2026:KHC:7945
MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
had abrasion on his chest and back, left side forehead and left
foot. The petitioner was treated as inpatient from 11.05.2011
to 20.05.2011. He examined the doctor as P.W.3 and he
assessed the whole body disability as 15%. He was aged 19
years, working as a driver and earning Rs.10,000/- per month.
But the Tribunal granted inadequate compensation and also
granted weaker amounts under the other heads and thus,
requested for enhancement of the compensation.
5. Learned counsel for the respondent stated that he
has not surrendered his driving licence to show that after the
accident, he could not drive the vehicle. As such, he is not
entitled for any compensation amount under the head loss of
future earning capacity, the Tribunal has rightly not granted
any amount and the same is to be confirmed.
6. Though, the petitioner stated that he was working
as a driver and earning Rs.10,000/- per month. However, he
has not filed any income proof, as he met with an accident in
the year 2011, his notional income is to be taken as Rs.
6,500/- per month as per the chart prepared by Karnataka
State Legal Services Authority. He was aged 19 years and the
- 7 -
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
multiplier is '18'. the petitioner sustained following injuries as
per wound certificate-Ex.P5:
| "Blunt injuries on his chest and forehead<br>and multiple rib fracture of 1st to 5th, 7th<br>and 9th ribs on the right side and he had<br>abrasion on his chest and back, left side<br>forehead and left foot." | ||
|---|---|---|
| 7. The petitioner was admitted in the hospital for 10<br>days. PW3 doctor stated that he sustained a blunt injury on his<br>chest and abdomen and multiple fractures on his ribs.<br>Admittedly, the fractured ribs were fully united. He has<br>difficulty in breathing and cannot climb the stairs and he is<br>unable to run and he had frequent fever. PW3 examined the<br>petitioner about two and a half years after the accident and<br>there is no evidence to show that he took follow-up treatment.<br>Therefore, the Tribunal considered his disability only as 5%.<br>Merely because driver has not surrendered his driving licence, it<br>cannot be said that he is not entitled for loss of future earning<br>capacity. Admittedly, he is a driver and he met with an accident<br>and sustained several fractures. Doctor assessed the same as<br>15% disability. Considering the nature of injuries,<br>hospitalisation, his age and other factors, this court finds it |
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reasonable to take the disability as 10%. The loss of future
earning capacity comes to ‘ loss of future earning capacity’
comes to: Rs.6,500x12x18x10% = Rs.1,40,400/-.
8. The claimant was hospitalised as inpatient for a
period of 10 days. The Tribunal granted Rs.78,000/- towards
Medical Expenses and it needs no interference.
9. Considering the nature of injuries, occupation,
period of hospitalisation and other relevant factors, this Court
finds it reasonable to grant an amount of Rs. 50,000/- for
pain and suffering , Rs.30,000/- for loss of amenities and
Rs.30,000/- for transportation, extra-nourishment and
attendant charges and the claimant might not have attended
any other work at least for a period of six months and
therefore, this Court finds it reasonable to grant Rs.26,000/-
(Rs.6,500x4) for ‘ loss of income during laid up period’ .
10. Accordingly, the compensation awarded by this
Court under various heads is as follows:
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
| Particulars | Amount<br>in Rs. |
|---|---|
| Loss of future earning capacity | 1,40,400/- |
| Medical Expenses | 78,000/- |
| Pain and Suffering | 50,000/- |
| Loss of Amenities | 30,000/- |
| Transportation, Extra Nourishment<br>& Attendant Charges | 30,000/- |
| Loss of income during laid up<br>period | 26,000/- |
| Total | 3,54,400/- |
11. Compensation is enhanced from Rs.2,39,000/- to
Rs.3,54,400/- and the enhanced compensation is
Rs.1,15,400/-, which carries interest at the rate of 6% per
annum.
12. The Insurance Company has already deposited the
award amount before the Tribunal. Therefore, Respondent No.2
is directed to deposit the enhanced compensation of
Rs.1,15,400/- with interest at the rate of 6% per annum within
1 month from the date of receipt of this order.
13. In the result, the following order is passed:
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MFA No. 2610 of 2015
C/W MFA No. 2609 of 2015
HC-KAR
ORDER
i. The appeal is allowed in part.
ii. The judgment and award dated 16.08.2014,
passed in MVC No.4482/2011 by the Court of
Small Causes and Motor Accident Claims
Tribunal, Bengaluru is modified;
iii. Respondent No.2 is directed to deposit the
enhanced compensation of Rs.1,15,400/- with
interest at the rate of 6% per annum within
one month from the date of this order, on such
deposit, the appellant is permitted to withdraw
the entire amount along with interest accrued
on the same.
Sd/-
(P SREE SUDHA)
JUDGE
JS
List No.: 1 Sl No.: 81