Karnataka High Court
Mr Kiran Kumar vs United India Insurance Co Ltd on 10 March, 2026
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NC: 2026:KHC:14157
MFA No. 2440 of 2018
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
MISCELLANEOUS FIRST APPEAL NO.2440 OF 2018(MV-I)
BETWEEN:
MR. KIRAN KUMAR,
S/O. LATE ANAND BELCHADA,
AGED 28 YEARS,
R/AT BHAGAVATHI NILAYA,
BENJANPADAV POST,
AMMUNJE VILLAGE,
BANTWAL TALUK,
PRESENTLY RESIDING AT
DHOOMAPPA COMPOUND,
URVA MARIGUDI, MANGALURU - 575006.
...APPELLANT
(BY SRI. GURUPRASAD B.R., ADVOCATE)
AND:
1. UNITED INDIA INSURANCE CO LTD
LOCAL OFFICE : 2ND FLOOR,
Digitally
signed by RAMBHAVAN COMPLEX,
PAVITHRA B KODIABAIL MANGALURU - 575 002.
Location: REPRESENTED BY ITS MANAGER
HIGH
COURT OF
KARNATAKA 2. MR JAYANTH
S/O DEJAPPA SAPALYA,
ADULT D. NO 3-151
MARIA HOUSE,KINIIBETTU POST,
AMTADY, BANTWAL TALUK - 574 211
...RESPONDENTS
(BY SRI. S.V.HEGDE MULKHAND, ADVOCATE FOR R1;
NOTICE TO R2 IS DISPENSED WITH, V/O. DATED
09.11.2023)
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NC: 2026:KHC:14157
MFA No. 2440 of 2018
HC-KAR
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST THE
JUDGMENT AND AWARD DATED 16.10.2017 PASSED IN
MVC NO.874/2017 ON THE FILE OF THE MACT & I
ADDITIONAL SENIOR CIVIL JUDGE, MANGALURU, DAKSHINA
KANNADA, 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 VIJAYKUMAR A. PATIL
ORAL JUDGMENT
This appeal is filed by the injured/claimant seeking for higher compensation challenging the judgment and award dated 16.10.2017 passed in MVC.No.874/2017 by the Motor Accident Claims Tribunal and I Addl. Senior Civil Judge, Mangaluru, Dakshina Kannada, (hereinafter referred to as the 'Tribunal' for short).
2. Though, this appeal is listed for orders, with the consent of the learned counsels for the parties, it is taken up for final disposal.
3. Sri Guruprasad B.R., learned counsel appearing for the appellant submits that the Tribunal has committed grave error in assessing the income, disability and award -3- NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR of compensation by the Tribunal on all other heads is also on the lower side. Hence, he seeks to reassess the same by considering the oral as well as documentary evidence available on record.
4. Per contra, Sri.S.V.Hegde Mulkhand, learned counsel appearing for the respondent No.1-Insurance Company supports the impugned judgment and award of the Tribunal and submits that the Tribunal has rightly disbelieved the disability certificate and oral testimony of the doctor on the ground that he is not a treating doctor, but he has assessed the disability later in point. It is submitted that the award of compensation on all other heads is just and proper. It is further submitted that how the medical expenses stated to have been incurred by the appellant is more. However, the Tribunal has considered that a sum of Rs.50,000/- is paid to the appellant under the Sampurna Suraksha Scheme and the Tribunal after deducting Rs.50,000/- has awarded the balance amount. Hence, he seeks to dismiss the appeal. -4-
NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR
5. I have heard the arguments of learned counsel for the appellant, learned counsel for respondent No.1- Insurance Company and meticulously perused the material available on record.
6. The point that arises for consideration in this appeal is:
"Whether the impugned judgment and award of the Tribunal calls for any interference?"
7. The above point is answered in the 'affirmative' for the following reason:
The records indicate that on 04.03.2017 the appellant met with a road accident and sustained seven injuries as it is evident from wound certificate at Ex.P4. The records further indicate that the appellant was provided treatment at A.J.Hospital, Mangalore and he was inpatient for a period of 20 days from 04.03.2017 to 24.03.2017. In order to prove the claim petition, the injured appellant examined three witnesses as P.W.1 to -5- NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR P.W.3 and got marked documents as Ex.P.1 to Ex.P.15.
The respondents did not adduce any evidence and with the consent got marked Ex.R1- insurance policy.
8. The parties does not dispute that respondent No.1-Insurance Company is liable to pay the compensation. It is to be noticed that the Tribunal on appreciation of the evidence has awarded total compensation of Rs.2,58,000/- with interest at the rate of 6% p.a., on different heads.
9. The Tribunal assessed the income of the injured at Rs.7,500/-. Admittedly, the claimant has not produced any income proof. Hence, his income is notionally assessed at Rs.11,000/- per month. Taking note of the injuries suffered as per Ex.P4 and oral evidence of P.W.3 and disability certificate at Ex.P8, I am of the considered view that interest of justice would be met, if the disability is assessed at 10% to the whole body for the purpose of determination of compensation.
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NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR
10. The Tribunal has taken note of the fact that the appellant has got reimbursement under the Sampurna Suraksha Scheme to the extent of Rs.50,000/- and rightly deducted the said amount from the actual medical bills and awarded balance amount, I do not find any error in the said finding of the Tribunal. The Tribunal has committed an error in not awarding any compensation under the head of loss of amenities. Hence, taking note of the difficulty suffered by the appellant and treatment provided, it would be appropriate to award Rs.40,000/- under the head loss of amenities.
11. Hence, having reassessed the income and disability of the injured and taking note of the nature of treatment provided to the appellant/claimant and the duration of treatment, I am of the view that the compensation is required to be reworked, which is reassessed as under:
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NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR Sl.No. Description Amount 1 Pain and suffering Rs.70,000/- 2 Medical expenses Rs.46,700/- 3 Attendant charges, food, extra nourishment, conveyance Rs.25,000/-
charges etc., 4 Loss of income during treatment period Rs.33,000/-
Rs.11,000/-x3 months 5 Loss of future income due to disability (Rs.11,000/-x12x17x Rs.2,24,400/- 10%) 6 Loss of future medical expenses Rs.20,000/- 7 Loss of amenities Rs.40,000/-
Total Rs.4,59,100/-
12. In the result, the Court proceeds to pass the following:
ORDER
(i) Appeal is allowed in part.
(ii) The impugned judgment and award of the Tribunal is modified to an extent that the claimant would be entitled to a total compensation of Rs.4,59,100/- as -8- NC: 2026:KHC:14157 MFA No. 2440 of 2018 HC-KAR against Rs.2,58,000/- awarded by the Tribunal.
(iii) The enhanced compensation amount shall carry interest at the rate of 6% p.a. from the date of petition till the date of deposit.
(iv) Respondent No.1-Insurance Company is directed to deposit the enhanced compensation amount with accrued interest before the Tribunal within a period of 6(six) weeks from the date of receipt of certified copy of this judgment.
(v) The disbursement of the compensation and deposit shall be as per the Tribunal.
(vi) Draw modified award accordingly.
Sd/-
(VIJAYKUMAR A. PATIL) JUDGE PB List No.: 1 Sl No.: 4